Terms and conditions

Terms and conditions of use

DEFINITIONS

The following capitalized words and terms used hereinafter shall have the following meanings, unless the context clearly indicates otherwise.

ACCOUNT

- a profile created on the Site by a visitor to enable that visitor to play the Game

AGREEMENT

- the agreement between the User and Jungle Trouble which constitutes of these Terms and Conditions of Use together with the Privacy Policy, the Help section and any other additional rules and terms published on any Platform or otherwise notified to the User/p

CHAT FACILITY

- the option to use and the use of a chat facility by the User on the Site to communicate with other Users during the Game

COMMUNICATION

- the Ingame E-mail and/or the Chat Facility

SITE

- the web site www.jungletrouble.com

CREDITS

- credits purchased by the User for money which can be applied to acquire certain Features

FEATURES

- extra tools which can be applied by a User in the Game

GAME

- the game offered on the Site by Jungle Trouble, named "Jungle Trouble"

Help section - the rules applicable to the Game

INGAME E-MAIL

- the option to use and the use of the e-mail account provided by Jungle Trouble to the User to communicate with other Users

INTELLECTUAL PROPERTY

- the Trade Marks, the Site Content and the Software

JUNGLE TROUBLE

- MONKEY LIKES BANANAS LTD, a company organized under the laws of United Kingdom

PLATFORM

- the Site and any other online or mobile platform provided by Jungle Trouble on which the User may access the Services

SERVICES

- the services provided on any Platform, including but not limited to playing the Game and the Communication

SOFTWARE

- the software to operate the Game, including the Communication

SITE CONTENT

- the content on the Site, including but not limited to the designs, images, pictures, graphics, photographs, animations, videos, music, audio and text

TRADE MARKS

- the brand name(s) and logo(s) displayed on the Site, including but not limited to “Jungle Trouble” and any other trade marks, service marks and/or trade names used by Jungle Trouble/p 

USER

- a visitor of the Site who opens and activates an Account on the Site to play the Game

2. THE AGREEMENT

2.1 The Agreement should be read by the User in its entirety prior to the use of the Services. By using the Services and/or by opening an Account and/or by clicking on the “I agree” button when the User registers to join, the User agrees to comply with the Agreement. If the User does not agree with the Agreement, he/she shall immediately stop using the Services and the Site and cancel and remove his/her Account, if any.

2.2 If this Agreement is translated into another language, the English language will prevail in the event of any conflict between the translation and the English language version.

2.3 These Terms and Conditions of Use shall prevail in the event of any conflict between these Terms and Conditions of Use and any of the Help section, the Privacy Policy or other documents and/or rules referred to in these Terms and Conditions of Use or displayed on the Site.

2.4 Jungle Trouble will be entitled to amend the Agreement at any time either by e-mailing the User a notification of the new term(s) and/or by publishing the modified term(s) on the relevant page of the Platforms or any place through which the User accesses the Services. Any such modification will take effect within thirty (30) days of publication. If any modification is unacceptable to the User, the User’s only recourse is to terminate the Agreement. The User’s continued use of the Services beyond the thirty (30) day period will be deemed binding acceptance of the modification(s). It is the User’s sole responsibility to review the Agreement and any amendments each time the User uses the Services.

3. USERS

3.1 A visitor may only become a User if he/she is the legal age as determined by the laws of the country where this visitor resides unless he/she has the express consent of his/her legal guardians at the time of opening the Account.

3.2 Jungle Trouble makes no representation or warranty with respect to the legality of the accessing and use of the Site and the Services in the User’s country of residence and it is solely the User’s responsibility to determine whether such accessing and use of the Site and the Services is legal.

3.3 The opening of an Account can be accomplished by filling out a form on the Site and by providing the information requested therein. The User hereby warrants and guarantees that all the information provided by the User is and shall be true, accurate and complete.

3.4 The User shall inform Jungle Trouble of any changes to the registration details as soon as possible after such change has occurred.

3.5 Upon filing the online application form to open an Account Jungle Trouble shall as soon as reasonably possible send a confirmation e-mail to the applicant acknowledging receipt of the application. Such confirmation e-mail shall not be considered the acceptance by Jungle Trouble of the visitor as a User. The visitor shall only be deemed accepted as a User once he/she has received an e-mail with a link to the Site to activate the Account with the username and password as reported by the User in the application form.

3.6 Once the Account has been activated by the User, the User may use the Services.

3.7 A User may only open one (1) Account and is not allowed to open multiple Accounts.

3.8 Jungle Trouble reserves the right to cancel and remove the Account of any User at any time if, in its own discretion, the User has breached or failed to comply with this Agreement. In this event paragraph 10.5 (ii) shall not apply. Furthermore, the User whose Account has been cancelled and removed will have no claim for reinstallment of the Account and/or damages.

3.9 The User is solely responsible for his/her Account and the use thereof. For reasons of security, Jungle Trouble recommends that passwords should be changed regularly.

3.10 In the event that Jungle Trouble has justifiable reasons to believe that an unauthorized third party is wrongly in possession of access data of a User, it may, at its own discretion, change the Account access data without prior notice to the User holding the Account or suspend this Account. Jungle Trouble shall promptly inform the rightful User and will, upon request, provide new access data to this User. The User will have no right to claim that the original access data be restored.

4. SERVICES

4.1 Jungle Trouble offers the User the possibility of using the Services.

4.2 Participation in the Game shall be for entertainment purposes only.

4.3 The Services do explicitly include the establishment of internet access, the connection to web sites and (other) online games, and third-party software such as browsers or access software.

4.4 A visitor of the Site has no right to claim the opening of an Account and/or the use of Services. The acceptance of visitors as Users shall be solely at the discretion of Jungle Trouble.

4.5 The Game has its own Help section which can be found on the Site.

4.6 Jungle Trouble reserves the right to amend, update and enhance the Game and/or other Services at any time, without having to notify the User thereof. By playing the Game and using the other Services the User automatically consents to such amendments, updates and enhancements. The User has no right to demand the continuation of the Services as they were offered at the time of the creation of the Account.

5. THE GAME AND THE CREDITS AND FEATURES

5.1 The use of the basic version of the Game is free of charge unless otherwise stipulated in the Help section.

5.2 The Help section are published on the Site. The User shall observe and hereby warrants and guarantees to observe the Help section.

5.3 Jungle Trouble reserves the right to cease the operation of the Game and/or any Service at any time without prior notice to the User or justification thereof.

5.4 The User may choose to purchase one or more Credits. The Credits can be applied by the User to acquire certain Features. Information regarding the Credits and the Features, such as the prices, the functions and the requirements for use is provided in the Help section.

5.5 The Features may vary from time to time. Jungle Trouble reserves the right to offer new or amended or enhanced Features at any time and to discontinue certain Features and/or to offer them in the basic version of the Game free of charge. If a User has applied Credits for certain Features which can no longer be used or are also offered in the basic version of the Game free of charge and which have not been used yet by the User, Jungle Trouble will offer the User other Features of his/her choice as a substitute and/or reimburse the sum the User has already paid for the Credits to acquire these Features on a pro-rata basis (i.e. insofar these Features have not been used yet by the User).

5.6 The User may pay for the Credits by SOFORT Banking, Mister Cash, paysafecard, PaybyPhone, Ideal, SMS or other means, all in accordance with the instructions set out in the Help section. Immediately upon receipt of the payment by Jungle Trouble, the Credits will be credited to the User’s Account.

5.7 The payments for Credits shall be one-time advance payments only.

5.8 The User agrees not to make any charge-backs, reversals or otherwise cancel any purchase of Credits, and shall in any such event refund and compensate Jungle Trouble for such unpaid Credits including any expenses incurred by Jungle Trouble in the process of collecting the payment.

5.9 Except as specifically provided for in this Agreement, the Credits are not exchangeable in any way.

5.10 In the event the Game ceases to operate, the User’s Account automatically terminates. In this event paragraph 10.5(ii) shall apply.

5.11 Participation in the Game and/or winning the Game does not guarantee any prices. The User has in no event the right to claim payment of prices in any way, unless such claim is explicitly provided for in the Help section.

6. THE COMMUNICATION

6.1 The User is provided with the possibility to use the Communication.

6.2 The Use of the Communication is unlimited and free of charge.

6.3 The User shall not use the Communication to (1) provide content or conduct himself/herself in any way that: may be (a) construed as unlawful, threatening, harmful, abusive, stalking, tortuous, defamatory, libellous, vulgar, hateful, obscene, offensive, racially, ethnically, pornographic, false or misleading, or otherwise objectionable, (b) designed to interfere or interrupt the Site or any Service provided, (c) infected with a virus or other computer code, files or programs designed to interrupt, (d) giving rise to civil or criminal liability, or in violation of applicable local, national or international law, (2) impersonate any person or entity, or falsely state or otherwise misrepresent the User’s association with any person or entity, (3) collect of harvest any data about other Users of the Site, or (4) provide or use the Site for the provision of any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters or other form of advertising without Jungle Trouble’s prior written consent.

6.4 Jungle Trouble reserves the right to remove any content submitted by a User which, in its own discretion, appears to be in breach of paragraph 6.3. The User is not entitled to demand that such removed information be restored. Furthermore, Jungle Trouble will be entitled to exclude the User who breaches paragraph 6.3 from continued use of the Services and to terminate the User’s Account without prior warning. In such event paragraph 10.5 (ii) shall not apply. In addition, Jungle Trouble reserves the right to claim damages if there are grounds for doing so.

6.5 The User shall inform Jungle Trouble as soon as possible in case he/she becomes aware of a breach of paragraph 6.3 by another User or third parties.

6.6 The User is solely responsible for the use of the Communication and any content provided or conduct in this respect.

6.7 Jungle Trouble cannot be held responsible or liable in any way for information provided through the Communication, including but not limited to its accuracy, completeness and reliability.

7. USER RESTRICTIONS AND OBLIGATIONS

7.1 The User is prohibited to use the Services for illegal or unauthorized purposes.

7.2 The use of artificial intelligence software to systematically or automatically control the Game or individual Game functions such as bots, macros, etcetera or to reproduce or evaluate the Game, Game components or content provided on any Platform is prohibited.

7.3 The User may not use the Account, username or password of another User.

7.4 The User shall inform Jungle Trouble without delay about any errors in the Software.

7.5 The User agrees to indemnify and hold Jungle Trouble and its affiliated companies, directors, officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the User’s conduct, the User’s provision of content, the User’s violation of this Agreement, or the User’s violation of any rights of another.

7.6 The User agrees to indemnify and hold Jungle Trouble and its affiliated companies, directors, officers, agents, employees, and partners harmless from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, that may arise as a result of any breach of this Agreement by the User.

8. INTELLECTUAL PROPERTY

8.1 The User acknowledges and agrees that the Intellectual Property is owned and is the exclusive property of Jungle Trouble and Jungle Trouble reserves all rights to the Intellectual Property.

8.2 The User hereby acknowledges that by using the Services and/or the Site and/or the Software he/she obtains no rights in any of the Intellectual Property and he/she may only use the same in accordance with this Agreement.

8.3 Jungle Trouble hereby grants the User a non-exclusive, non-transferrable, non-sublicensable right to use the Software on the Site, to play the Game.

8.4 The User hereby acknowledges that it is not in Jungle Trouble’s control how the Software is used by the User. The use of the Software and the other Services is at the User’s own risk and in no event shall Jungle Trouble be liable to the User for any direct, consequential, incidental or special damage or loss of any kind resulting from such use by the User.

8.5 The Software may include confidential information which is secret and valuable to Jungle Trouble. The User is not entitled to use or disclose that confidential information other than strictly in accordance with the terms of this Agreement.

9. PRIVACY

9.1 Jungle Trouble  respects and protects the privacy of all Users and processes personal information under the guidelines of the Privacy Policy.

9.2 Jungle Trouble makes every reasonable effort to ensure that all personal information that is provided to it will always be treated confidential and will be used only for the purposes described in this paragraph and in the Privacy Policy.

9.3 Jungle Trouble will use the User’s data for purposes such as managing the User’s Account and/or resolving technical problems.

9.4 Jungle Trouble may use the User’s e-mail address to inform him/her about promotions and special offers or to perform market research. 

9.5 Jungle Trouble will not otherwise provide the User’s data to third parties without the User’s prior permission, unless it is required to do so on the ground of a statutory provision.

10. TERMS AND TERMINATION

10.1 This Agreement takes effect as of the moment the Account is activated by the User in accordance with paragraph 3.

10.2 This Agreement is entered into for an indefinite period of time.

10.3 This Agreement may be terminated by either party with immediate effect at any time and for no reason. No notice period of termination shall apply.

10.4 Upon termination of this Agreement by either party:

the User’s right granted to him/her under paragraph 8.3 shall immediately cease to exist.

10.5 Upon termination of this Agreement by Jungle Trouble :

Jungle Trouble shall immediately cancel and remove the User’s Account and inform the User thereof;

any payment made for Credits relating to the period after the termination date shall be reimbursed by Jungle Trouble  to the User on a pro-rata basis (i.e. insofar these Credits have not been applied yet by the User to acquire Features during the term of the Agreement), except in the event that Jungle Trouble  has terminated this Agreement based on paragraph 3.3, 3.9, or 6.4 hereof.

10.6 In the event of termination of this Agreement by the User, the User will not be entitled to a refund of payments made for Credits and/or Features which have not been used at the time of termination of the Agreement.

11. NOTIFICATIONS

11.1 Unless explicitly otherwise stipulated in the Agreement, all communication with the User shall generally take place via e-mail to the e-mail address provided by the User when opening the Account. Jungle Trouble, however, reserves the right to correspond with User by other means as well.

11.2 The User is solely responsible for setting and maintenance of the spam filter and for regularly checking all incoming e-mails to his/her e-mail address provided by the User when opening the Account.

11.3 The User may contact Jungle Trouble only per e-mail to the following e-mail address: support@jungletrouble.com.

11.4 In the communication to Jungle Trouble the User shall always indicate which specific Services the correspondence pertains to.

12. DISCLAIMER AND LIMITATION OF LIABILITY

12.1 The User agrees that he/she is free to choose whether or not to use the Services and does so at his/her sole option, discretion and risk.

12.2 Jungle Trouble shall not be liable to the User or any third party in contract, tort, negligence, or otherwise, for any damage or loss whatsoever arising from or in any way connected with the User’s, or any third party’s, use of the Software or the Services, whether direct or indirect, including but not limited to damage for loss of business, loss of profits, loss of data on the User’s computer, business interruption, or any other pecuniary or consequential loss, including but not limited to damage or loss caused by viruses or spyware.

12.3 Jungle Trouble does not warrant that the Software or the Site will be non-infringing or that the operation of the Software or the Site will be error free or uninterrupted or that any defects in the Software will be corrected, or that the Software or the servers are virus-free. Jungle Trouble shall not be liable to the User or any third party for any costs, expenses, losses or claims arising or resulting from errors in the Software or the Site. In the event of such errors Jungle Trouble reserves the right to remove the Game or certain Game components from the Software and the Site and take any other action to correct such errors.

12.4 Jungle Trouble neither provides nor installs any part of the Software of other software required by the User on his/her computer. It is the User’s sole responsibility to maintain the computer in a state which enables the use of the Software. Jungle Trouble does not provide any kind of technical support for the use of the Software nor for the installation of locally-required software.

12.5 Jungle Trouble grants the User access to the Software and its Services in its current version only. The User has no right to claim the maintenance or restoring of a particular version or range of functions of the Software and/or the Services.

12.6 The User confirms that Jungle Trouble shall not be liable to him/her for any modifications to, suspension of or discontinuance of the Software or any of the Services.

12.7 Jungle Trouble explicitly distances itself from and is not responsible for the contents of any web sites linking directly or indirectly to the Site and shall not be liable in contract, tort, negligence, or otherwise for any loss or damage whatsoever arising from or in any way connected with the User’s use of any linked web site.

12.8 Jungle Trouble explicitly distances itself from and is not responsible for the contents of any web sites to which there are direct or indirect links from the Site and shall not be liable in contract, tort, negligence, or otherwise for any loss or damage whatsoever arising from or in any way connected with the User’s use of any linked web site.

13. GOVERNING LAW AND JURISDICTION

13.1 This Agreement shall be governed by and construed in accordance with the laws of United Kingdom.

13.2 Any dispute in connection with or resulting from this Agreement shall be exclusively submitted to the competent court in United Kingdom.

14. MISCELLANEOUS

14.1 This Agreement and the documents referred to herein represent the complete and final agreement between the User and Jungle Trouble and supersedes any and all prior agreements between the User and Jungle Trouble.

14.2 The User will not be entitled to transfer or assign or encumber any of his/her right under this Agreement without the prior written consent of Jungle Trouble.

14.3 In the event that a provision of this Agreement is invalid, illegal, not binding, or unenforceable (either in whole or in part), the remainder of this Agreement shall continue to be effective to the extent that, in view of the Agreement's substance and purpose, such remainder is not inextricably related to and therefore inseverable from the invalid, illegal, not binding or unenforceable provision.

14.4 Jungle Trouble may at any time set off its obligations towards the User under this Agreement, in whatever currency and whether or not due and payable, against any claims which it may have against the User, in whatever currency and whether or not due and payable, under this Agreement or on any other ground. The User may not set off his/her obligations towards Jungle Trouble under this Agreement against any claims which he/she may have against Jungle Trouble under this Agreement or on any other ground.

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