Terms of Service

Last updated: October 26, 2017

The terms of this agreement (“Terms”, “Terms of Service”, “Terms and Conditions”) govern the relationship between you and Accompa, Inc. dba Able Apes, a California Corporation  (“Able Apes”, “us”, “we”, or “our”) regarding your use of Able Apes’s games, websites, and related services (the “Service”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you represent that you are age 18 or older, and you agree to be bound by these Terms and the Privacy Policy (accessible at https://www.ableapes.com/privacy-policy/). If you disagree with any part of the Terms then you do not have permission to access the Service.

You may also be required to create an account on the Service (an “Account”).

License

Subject to your agreement and continuing compliance with these Terms, Able Apes grants you a non-exclusive, non-sublicensable, non-transferable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

You agree that you will not, under any circumstances use or take part (directly or indirectly) in the use of exploits, cheats, automation software, hacks, bots, mods or any unauthorized third-party software designed to modify or interfere with the Service.

You agree that you will not, under any circumstances disrupt, interfere with, or otherwise adversely affect the normal performance of the Service or act in a manner that may negatively affect the experience of other users when using the Service. This includes taking advantage of errors in the Service to gain an unfair edge over other players, manipulation of rankings through win trading or any other means, and any other act that abuses or goes against the design of the Service.

You agree that you will not, under any circumstances overburden, disrupt, or aid in the overburdening or disruption of any computer, hardware, or software used to offer the Service.

Ownership

All rights, title and interest in and to the Service are owned by Able Apes. Able Apes reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.

You agree that you have no right or title in or to any part of the Service, including without limitation the virtual currency or goods appearing in any Able Apes game, whether earned in a game or purchased from Able Apes, or any other attributes associated with an Account or stored on the Service.

You acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Able Apes.

Purchases and Fees

Purchases

You may purchase in the Service, with “real world” money, a limited, personal, non-sublicensable, non-transferable, revocable license to use (a) “virtual currency” including but not limited to gold coins and crystals, and “virtual in-game items” (together “Virtual Items”); and (b) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items through the Service, and not in any other way.

Other than as expressly authorized in the Service, you shall not purchase, sell, redeem or transfer Virtual Items or Merchandise to any person or entity.

Able Apes may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Able Apes shall have no liability to you or any third party in the event that Able Apes exercises any such rights.

All purchases and redemptions of Virtual Items made in or through the Service are final and non-refundable.

Payment of Fees

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to the Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Able Apes may revise the pricing for the goods and services offered through the Service at any time, with or without notice.

You acknowledge that Able Apes is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items when an Account is closed, whether such closure was voluntary or involuntary.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Communications

By creating an Account, you agree to receive newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Accounts

When you create an Account, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account.

You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to limit, suspend, terminate, modify, or delete Accounts in our sole discretion. We reserve the right to limit or refuse service in our sole discretion.

Interactions Between Users

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. If you have a dispute with one or more users, you release Able Apes (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

User Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, audio, videos, ideas, suggestions, feedback, comments, survey answers, or other material (“User Content”). You are responsible for the User Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting User Content on or through the Service, You represent and warrant that: (i) the User Content you post is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. We take no responsibility and assume no liability for User Content you or any third party posts on or through the Service.

By posting User Content on or through the Service you grant Able Apes and its designees, licensees and assigns a perpetual, irrevocable, non-exclusive fully-paid up and royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content without restrictions of any kind and without any payment or consideration of any kind, or permission or notification, to you or any third party. You agree that this license includes the right for us to make your User Content available to other users of the Service, who may also use your User Content subject to these Terms.

This license shall include, without limitation, the irrevocable right to reproduce, combine with other works, prepare derivative works, translate, alter, display, distribute copies, perform, license the User Content, and all rights therein, in the name of Able Apes, or its designees, licensees and assigns throughout the world in any and all media in perpetuity.

You acknowledge and agree that the relationship between Able Apes and you is not a confidential, fiduciary, agency, partnership, implied-in-fact, implied-in-law, or other special relationship. Able Apes shall have the right, but not the obligation, to use your name, likeness, biography and other information about you in connection with any use of the User Content you submit.

Able Apes has the right but not the obligation to monitor, edit, and delete User Content.

In addition, User Content found on or through this Service are the property of Able Apes or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said User Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Intellectual Property

The Service and its content, features and functionality are and will remain the exclusive property of Able Apes and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Able Apes.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Able Apes

Able Apes has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Able Apes 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Able Apes and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Able Apes, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Able Apes, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.  You agree that any claim or dispute you may have against Able Apes must be resolved exclusively by a court located in San Luis Obispo, California.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

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