Terms of Service

When you access Crazymonkeygames.com or any webpage that Westech Media, LLC. (the "Owner") provides (collectively, the "Sites"), you agree to these Terms of Use and all additional Rules of any games, chatrooms, forums or other services made available from time to time on the Sites. Altogether, these Terms of Use and any Rules are known as the "Terms". If you do not agree, or if you fail to follow the Terms, you can be denied access to the Sites without notice.

IMPORTANT LIMITATIONS

All Sites covered by the Terms are made available "AS IS", "AS AVAILABLE" and "AT YOUR RISK". There are NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR PURPOSE. This means, for example, that you cannot claim that anyone has promised you that the Sites or anything on them will be available at any particular time, that they are bug-free, or that they are accurate. The Sites can change or be discontinued at any time, without notice to you. The Terms and Rules can be changed, without prior notice to you. The operator of the Sites uses measures to prevent the Sites from communicating viruses, but there is no warranty that these measures will work. If the Sites damage your computer, software or operating system, the Owners will not be responsible. THE OWNERS WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO, 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. You agree that the laws of the state of Oklahoma, without regard to principles of conflict of laws, and of the United States of America, will apply in any dispute that might arise between you and the Owner or its affiliates.

If you have any dispute with the Owner or its affiliates, you agree that you will submit your dispute to BINDING ARBITRATION IN OKLAHOMA ACCORDING TO THE RULES FOR COMMERCIAL ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION. If the Owner has a dispute with YOU, Owner will submit its dispute to binding arbitration in a major city closest to your home if you live in the United States, or in Tulsa, Oklahoma if you do not. If the dispute relates to intellectual property (copyright, trademark, patent, trade secrets, or other similar rights or infringements, including, without limitation "hacking" or similar malicious activities), money that you owe, or another person who is not required to submit to arbitration, arbitration will not be required and the Owner can file suit in any court of competent jurisdiction, and can seek an injunction, damages and attorneys' fees, in addition to any other remedies that may be available. You agree that these restrictions concerning how and where claims can be brought are reasonable because the Sites are provided to you without cost or for minimal charges.

CONTENT POSTING RULES

The Sites are private property, not a "public forum". Whenever you are allowed to post a message or any other content on the Sites, it may be reviewed, refused, or rejected at the Owners' sole and absolute discretion. The Owner may delegate its ability to reject unacceptable or undesired content to certain other users, sometimes known as "moderators". If your posted content is deemed unacceptable, or violates any Terms or Rules, you may be banned from further posting or banned from future access to the Sites. EVEN 'PRIVATE' CHAT MESSAGES MAY BE MONITORED AT THE OWNER'S SOLE DISCRETION, WITHOUT NOTICE TO YOU.

PRIVACY AND MARKETING

When you access the Sites or send any e-mails via the Sites, you consent to receive communications from the Owner by e-mail or by notices on the Sites. You agree that the online or e-mailed version of any notice to you will satisfy any legal requirement that such communications be in writing. Certain other items, such as newsletters, may be sent to you at your request and you may unsubscribe to receipt of such items at your option. If you do not want to receive e-mail or other mail regarding the Sites, please click on the "Cancel Subscription" link that can be found at the bottom of all email sent by the Owner.

Your personal information may be gathered by the Sites for a variety of reasons. The Sites and the Owner do not share this information with other parties, except as may be necessary to deliver intended services to you. The Sites may automatically receive and store certain types of information (for example, "cookies") whenever you access the Sites. If you disable features of your web browser, your experience of the Sites may be limited.

You are responsible for keeping the confidentiality of your ID and password. The Owner does not sell subscriber information to others. However, your information may be shared with the Owners' affiliates. If the Owner is required by law, subpoena or court order to release account and other personal information, you may or may not be given notice, depending on the nature of the requirement. The Owner uses various measures to protect the privacy and security of any information it receives about you. The Federal Trade Commission provides further information about online privacy on its website, www.ftc.gov.

Any issues or disputes that you have concerning privacy or your personal information is subject to these Terms, including those that limit damages, require arbitration, and determine which law applies.

The Sites may display third-party advertising and links to third-party websites. These companies may use information about your visits to the Sites to provide advertisements on these Sites and other websites. The Owner does NOT endorse any third party website or advertiser, and makes no warranty or guarantees about any of them.

The Owner makes its best efforts to meet the Safe Harbor Privacy Principles agreed upon by the U.S. and the E.U. For more information, visit the U.S. Department of Commerce's Safe Harbor Web site.

COPYRIGHTS

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Owner, Owner's licensors, or content providers and is protected by United States and international copyright law. The compilations of all content on each Site is the exclusive property of Owner.

If you assert any claim that any content on the Sites violates your copyright, trademark or other intellectual property rights, you must submit the information listed below in writing to contact@crazymonkeygames.com for evaluation; if in Owner's reasonable determination any unlicensed or infringing content exists, it will be removed. Your written claim must include:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the post, page or other ID number, if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

TRADEMARKS

The CRAZY MONKEY name, logo and other trademarks displayed on the Sites are owned by Owner or its licensors. Other company and product names appearing on the Sites may be trademarks of their respective owners and are used for the benefit of those owners. You have no rights in these marks.

LICENSE AND SITE ACCESS

You may access and make personal use of the Sites according to these Terms. However, this does NOT include any rights: (a) to download anything other than designated downloads, (b) to modify any content except as expressly allowed by Owner, (c) to resell or make any commercial use of anything within the Sites; (d) to make any collection of any listings, descriptions, or prices from within the Sites; (e) to make any derivative use or works based on Site contents; (f) to access or attempt to access any account information of any other person for any commercial purpose, (g) to use any data mining or similar data gathering and extraction tools, (h) to reverse-engineer anything available on the Sites, (i) to reproduce, display or otherwise exploit the Sites or any part thereof for any commercial purpose, (j) to utilize framing techniques to reformat, redisplay or otherwise enclose any trademark or other Site information, (k) to make any use whatsoever of any of the Owners' trademarks or copyrighted material, including any uses as meta tags or other hidden text, (l) to obtain or to attempt to obtain unauthorized access to the Sites ("hacking") or to attempt to introduce any malicious content ("viruses"). You MAY create a hyperlink from your own webpage(s) to the Sites for your own use, so long as the link does not portray the Sites or its Owner in a false, misleading, derogatory, or otherwise offensive matter.

RISK OF LOSS

If you purchase anything, whether tangible or intangible, from the Sites, the terms of the sale will be provided to you before you confirm your order and authorize payment. Once you confirm any purchase, you will have agreed to those additional terms, without modification, and your purchase may be nonrefundable.

IDENTITY AND AGE VERIFICATION

You may be required at any time to provide accurate, verifiable information concerning your identity and/or age. If you do not provide truthful information, you may be denied access to the Sites. The Sites are not intended to be directed at any person under the age of 13, and from time to time portions of the Sites may be restricted to access only by persons above the age of 18.

ADVERTISING PRIVACY STATEMENT

This Site is affiliated with CMI Marketing, Inc., d/b/a CafeMedia (“CafeMedia”) for the purposes of placing advertising on the Site, and CafeMedia will collect and use certain data for advertising purposes. To learn more about CafeMedia’s data usage, click here: www.cafemedia.com/publisher-advertising-privacy-policy.

MODIFICATION

The Terms can change from time to time; the only notice you will receive will be by accessing this webpage containing the Terms when you access the Sites. If any part of the Terms are determined to be invalid or unenforceable, that specific provision shall be considered deleted and shall not affect the validity and enforceability of any other part of the Terms.

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