TERMS OF SERVICE
Please read these Terms and Conditions ("Agreement", "Terms of Service") carefully before using www.monkeyjunior.com ("the App") operated by Early Start JSC, doing business as Monkey Junior ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the App at www.monkeyjunior.com
By accessing or using the App in any manner, including, but not limited to, visiting or browsing the App or contributing content or other materials to the App, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Monkey Junior without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
NO WARRANTIES OF ANY KIND (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE GIVEN WITH RESPECT TO THE PROPRIETARY INFORMATION DISCLOSED OR USED UNDER THIS AGREEMENT, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER DAMAGES ARISING OUT OF OR CAUSED BY DEFECTS OR DEFICIENCIES IN THE PROPRIETARY INFORMATION OF EITHER PARTY, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE.
Main features and content of Monkey Junior are only available to who agree to pay for a subscription plan. Each subscription plan may be described in more detail in other areas of Monkey Junior. Any payment terms displayed to you in the process of becoming a Subscription Member are deemed part of these Terms.
We grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, world-wide, license to access and use Monkey Junior solely for personal, non-commercial purposes as permitted by these Terms and intended by us through the normal functionality of Monkey Junior. This license to you will automatically terminate if you violate these Terms. Except for the foregoing limited license, no right, title or interest is transferred to you. We may allow you to store encrypted, cached content on your tablet, smartphone or other compatible internet-connected device. You may not transfer copies of cached content to any other device.
We would like to keep Monkey Junior as safe as possible for our users but need your help to do so. Accordingly, you agree not to use Monkey Junior to: (i) violate any local, state, national, or international law or regulation; (ii) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, graphically violent, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (iii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (iv) knowingly transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (v) breach or circumvent any security or authentication measures (including geo-restriction measures); (vi) attempt to decompile or reverse engineer any software contained on Monkey Junior; (vii) remove any copyright, trademark, or other proprietary notations from any Content (as defined below) or User Submissions (as defined below) of other users; (viii) stalk, harass, or harm another individual; (ix) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (x) interfere with or disrupt Monkey Junior or servers or networks connected to Monkey Junior, or disobey any requirements, procedures, policies, or regulations of networks connected to Monkey Junior; or (xi) rent or lease your account. You also agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses Monkey Junior in a manner that sends more request messages to Monkey Junior servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.
All right, title, and interest in and to Monkey Junior and services are and will remain the exclusive property of Early Start JSC. The content on Monkey Junior, including without limitation, books, text, graphics, photos, sounds, music, videos, User Submissions (as defined below), interactive features and the like ("Content") and the "Monkey Junior" word mark and design mark, as well as certain other of the names, logos, and materials displayed on or through Monkey Junior that constitute trademarks, tradenames, service marks or logos ("Marks") are owned by or licensed to Early Start JSC and are subject to copyright, trademark, and other intellectual property rights under the laws of Vietnam and international laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes Monkey Junior or any portion of Monkey Junior, including, without limitation, Content and Marks, except as authorized by these Terms or as otherwise authorized in writing by us or our applicable licensors. You also agree to view Content (including but not limited to books and videos) as made available through the Monkey Junior only in geographic locations where we offer the Monkey Junior and have licensed such Content. Monkey Junior App is provided for your personal, non-commercial use only. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.
Monkey Junior does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. Monkey Junior does not permit copyright infringing activities and infringement of intellectual property rights via the App.
While using the App, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You agree not to exploit the Service in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.
Monkey Junior may automatically check your version of the Licensed Application with the sole intention of making the updated version available to you. Monkey Junior has no obligation to make available any updates. However, Monkey Junior may (a) require you to download and install updates; or (b) automatically download and install updates to your device.
Monkey Junior provides its users with access to books and other Content streamed through the Internet to certain devices. The availability of these books and other Content may change from time to time, and from geographic territory to territory, for a number of reasons (including publisher deals and available Internet bandwidth). As a result, we do not guarantee that any Content will be available or remain available on Monkey Junior (including during any subscription period for a Subscription Member).
Mobile Networks: If you access Monkey Junior through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Monkey Junior features may be prohibited or restricted by your network provider and not all Monkey Junior features may work with your network provider or device.
We may terminate your access to the App, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Devices: If you access Monkey Junior using an Apple iOS or Android-powered device, then Apple Inc. or Google, Inc., respectively, will be a third-party beneficiary to this agreement. However, these third-party beneficiaries are not a party to this agreement and are not responsible for the provision or support of Monkey Junior. You agree that your access to Monkey Junior using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
YOU EXPRESSLY AGREE THAT USE OF MONKEY JUNIOR IS AT YOUR SOLE RISK. MONKEY JUNIOR IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, EARLY START JSC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO MONKEY JUNIORS (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). We make no warranties or representations about the accuracy or completeness of content available on or through Monkey Junior or the content of any websites linked to Monkey Junior and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of Monkey Junior or the Content on Monkey Junior; (iii) any unauthorized access to or use of our secure servers and/ or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from Monkey Junior; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through Monkey Junior by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available on or through Monkey Junior.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL EARLY START JSC OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF MONKEY JUNIOR.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Early Start JSC. may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless Early Start JSC, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your User Submissions, feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through Monkey Junior; (b) your (or anyone using your account's) use of Monkey Junior; (c) your (or anyone using your account's) violation of these Terms; or (d) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, right of publicity/privacy, or other proprietary rights of any person or entity. Early Start JSC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Early Start JSC in asserting any available defenses.
These Terms shall be construed and enforced in accordance with the laws of Vietnam without regard to any choice of law or conflict of laws principles, regardless of where you live.
By using Monkey Junior, you agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communications requirement (including that such communications must be in writing).
These Terms, together with any other rules or guidelines posted in connection with Monkey Junior constitute the entire and exclusive and final statement of the agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of Monkey Junior. These Terms are personal to you and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate our rights and obligations under these Terms without consent from you. The section and subsection headings in these Terms are for convenience only and shall not affect their interpretation. Unless otherwise specified in these Terms, all notices must be in writing and will be treated as given on receipt, as verified by written automated receipt or by electronic logs (as applicable).
We may, in our sole and absolute discretion, change these Terms from time to time. If we do, we will update this posting, send you notice through Monkey Junior, or email you. Your continued use of Monkey Junior constitutes your agreement to abide by the Terms as changed. If you object to any such changes, your sole recourse will be to stop using Monkey Junior.
If you have any questions about this Agreement, please contact us: monkeyjunior.com
Last updated: 10/18/17