Terms of Service

Last updated: August 01, 2022

The Company (“Us”, “We”, “Our”, “Licensor”) Terms of Service (“Terms”) is a legally binding agreement between you (“You”, “Your”, “Member”, “Our Member”, “User” and “The User”). 

These Terms, together with our Privacy Policy and Cookie Policy (collectively the “Agreement”) govern Your access to and use of the Drunken Monkey App, website, and any associated products and services. Please read the whole of our Agreement carefully and contact Us if you have any questions. The Drunken Monkey App is licensed to You by Us for use only under the Agreement. 

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Service:

• Application or App means the software program known as the Drunken Monkey App provided by the Company downloaded by You on any electronic device.
• Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Jurisdiction refers to the laws and regulations of the the Dubai International Financial Centre.
• Company (referred to as either “the Company”, “We”, “Us”, “Our” or “Licensor” in these Terms) refers to Syco Labs FZCO, located at Dubai Silicon Oasis DDP, Building A1, Dubai, UAE (licence number 18967).
• Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
• Service refers to the use of the Application and website.
• Terms of Service (also referred as “Terms”) mean these Terms of Service, which form the main terms of the agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• You, Your, User, The User, Member, Our Member means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is conditional on Your acceptance of and compliance with the Terms. The Terms apply to all visitors, users and others who access or use the Service.

The Terms set forth your rights and obligations with respect to your use of any version of the App or website. If you do not agree to all of the Terms you should not use the Service. Your access to and use of the Service is also conditional on Your acceptance of and compliance with the Privacy Policy of the Company and Cookie Policy (where applicable). Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using the Service.

By using the Service, you are indicating that you have read the Terms, Privacy Policy and Cookie Policy and you understand, and you consent to be bound by all the terms and conditions of the Agreement.

Intellectual Property

The User acknowledges that the content of the information is subject to copyright and accordingly the User shall ensure that the information is used solely for the User’s research and/or reference purposes and may not be copied, reproduced, rebroadcast or commercially exploited in all or any part. The Service and all of the content, features and functionality (including but not limited to all information, software, text, displays, images, videos, audios, and the design, selection and arrangement thereof), are owned by the Company, its licensors, or other providers of such material are protected by copyright.

Links to Other Websites and Apps

The Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such 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 access immediately by blocking your wallet address, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, your right to use the Service will cease immediately.

Limitation of Liability

We will not be liable for any damages that You may incur as a result of using the Service.

Under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) will either party to these terms, or their affiliates, officers, directors, employees, agents, suppliers or licensors be liable to the other party or any third party for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including lost profits, lost sales or business, lost data, business interruption or any other loss incurred by such party or third party in connection with these terms or the service, regardless of whether such party has been advised of the possibility of or could have foreseen such damages.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied:

(i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon;

(ii) that the Service will be uninterrupted or error-free;

(iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or

(iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Jurisdiction, excluding its conflicts of law rules, shall govern the Agreement and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 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 those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us:

• By visiting the “Contact us” section of our website: drunkenmonkeyclub.com.