Terms of Use

About 3monk3ys and Fountain Dew LLC., is Offering:

  • 3monk3ys (3mok3ys) is owned by Fountain Dew LLC, a web and mobile software development company. 3monk3ys creates mobile games and you may only purchase at the App store of Apple, Inc.
  • 3monk3ys does not charge consumers anything on this website 3monk3ys.com.
  • To download and use 3monk3ys content from the App store, you will need Internet / data connection on your phone, similar to if you want to download something on your computer from the Internet you will need Internet service. Different phone companies have different data plans for mobile Internet connections, including several companies offering unlimited mobile Internet connection. We recommend that you sign up for a data plan with your phone company.
  • When you download our content (including games), you use some airtime (or data), and your phone company may charge you for that, depending on your plan.

END USER LICENSE AGREEMENT FOR 3monk3ys APPLICATIONS

  • This End User License Agreement for the 3monk3ys Applications ("EULA") is a legal agreement between you, either an individual or a single entity ("You"), and 3monk3ys regarding your use of the 3monk3ys Applications offered by 3monk3ys, and any related online or electronic documentation ("Documentation") (the 3monk3ys Applications and the Documentation collectively referred to herein as the "3monk3ys Applications").
  • YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING ANY 3monk3ys APPLICATIONS. BY INSTALLING, COPYING OR OTHERWISE USING THE 3monk3ys APPLICATIONS AND/OR BY CLICKING THE "I ACCEPT" BUTTON (OR LINK) FROM YOUR MOBILE PHONE OR ON THE APP STORE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
  • IF, AT ANYTIME, YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN PLEASE DO NOT DOWNLOAD ANY 3monk3ys APPLICATIONS AND/OR PLEASE TERMINATE THIS AGREEMENT IMMEDIATELY BY REMOVING ALL 3monk3ys APPLICATIONS FROM YOUR MOBILE DEVICE.
  • The services hereunder are offered by Fountain Dew LLC located at: 6631 Fairway Cove Drive, Orlando, FL 32835 and email: info@3monk3ys.com.

1. LICENSE GRANT; TERMINATION; CONSENTS; RESTRICTIONS.

  • License Grant. 3monk3ys hereby grants to you a personal, limited, non-exclusive, non-transferable, revocable license to use a single copy of the object code version of the 3monk3ys Application on a single mobile device primarily used by you.
  • Termination. This EULA is effective until terminated. You may terminate this Agreement at any time by uninstalling all 3monk3ys Applications and destroying all copies of the 3monk3ys Applications in your possession. Upon any termination, you agree to immediately uninstall the 3monk3ys Applications and destroy all copies of all 3monk3ys Applications, any accompanying documentation, and all other associated materials. 3monk3ys reserves the right to terminate this EULA at any time if you are in breach of any of the terms of this EULA or the Terms of Use posted on the 3monk3ys website.
  • Advertisements and Updates. You acknowledge that 3monk3ys may automatically, electronically: (i) deliver advertisements to your mobile device, on a regular basis, within the games that you download from 3monk3ys and (ii) from time to time issue upgraded versions of certain 3monk3ys Applications and, accordingly, may upgrade the version of the 3monk3ys Applications that you are using on your mobile device. You consent to such automatic delivery of advertisements and upgrading on your mobile device, and agree that the terms and conditions of this EULA (as amended from time to time by notices posted on the 3monk3ys website) will apply to all such advertisements or upgraded applications.
  • License Restrictions. By downloading any 3monk3ys Applications you agree not to: (i) modify, disassemble, decompile or reverse engineer the 3monk3ys Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the 3monk3ys Applications to any third party or use the 3monk3ys Applications to provide time sharing or similar services for any third party; (iii) make any copies of the 3monk3ys Applications; (iv) use the 3monk3ys Applications or 3monk3ys to infringe the copyrights or other intellectual property rights of others in any way; (v) use the 3monk3ys Applications or 3monk3ys, or attempt to penetrate, modify or manipulate the 3monk3ys Applications or 3monk3ys or any of the hardware or software thereof, in order to invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of) any 3monk3ys account holder or user, or to modify, erase or damage any information contained on the computer of any user connected to 3monk3ys; (vi) remove, circumvent, disable, damage or otherwise interfere with security-related features of the 3monk3ys Applications, features that prevent or restrict use or copying of any content accessible through the 3monk3ys Applications, or features that enforce limitations on use of the 3monk3ys Applications; or (vii) delete the copyright and other proprietary rights notices on the 3monk3ys Applications.

2. OWNERSHIP OF 3monk3ys APPLICATIONS

  • The 3monk3ys Applications are the copyrighted proprietary material of 3monk3ys and/or its third-party licensors. Your license under this EULA is not a sale of the 3monk3ys Applications or any copy thereof and 3monk3ys or its third-party licensors retain all right, title, and interest in the 3monk3ys Applications (and any copies thereof). 3monk3ys and its third-party licensors reserve all rights not expressly granted under this EULA.

3. USE OF 3monk3ys APPLICATIONS

  • 3monk3ys enables end users to access and use 3monk3ys Applications. You agree that your use of 3monk3ys will be governed by the terms and conditions of the 3monk3ys Terms of Use and Privacy Policy posted on the 3monk3ys website at www.3monk3ys.com (as amended from time to time by notices posted on 3monk3ys' website). You also agree to comply with all other notices, terms and conditions posted on the 3monk3ys website.
    3monk3ys respects the prerogatives of copyright owners to control commercial uses of their material, and expects our users to do the same. You are responsible for complying with all federal and state laws applicable to the content available through the 3monk3ys Applications and/or 3monk3ys, including copyright laws.
    As a condition to the license to use the 3monk3ys Applications and to your use of 3monk3ys, you agree that you will not use the 3monk3ys Applications or 3monk3ys to infringe the copyrights or other intellectual property rights of others in any way. You agree that any such infringement constitutes a material breach of this EULA and would cause irreparable harm to 3monk3ys and entitle 3monk3ys to receive equitable relief. You agree that you will indemnify and defend 3monk3ys against all liabilities, damages, claims, fines and expenses (including reasonable attorney's fees) arising out of any claim that you have infringed the copyrights or intellectual property rights of others.

4. DISCLAIMERS; NO WARRANTIES.

  • 3monk3ys, THE 3monk3ys APPLICATIONS, AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH 3monk3ys OR THE 3monk3ys APPLICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 3monk3ys, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
    3monk3ys, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY 3monk3ys APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE 3monk3ys APPLICATIONS OR 3monk3ys OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    3monk3ys, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE 3monk3ys APPLICATIONS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT 3monk3ys NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE 3monk3ys APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

5. LIMITATIONS OF LIABILITY

  • UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL 3monk3ys OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE 3monk3ys APPLICATIONS, THE MATERIALS ON 3monk3ys, OR ANY OTHER INTERACTIONS WITH 3monk3ys, EVEN IF 3monk3ys OR A 3monk3ys AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, 3monk3ys'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
    IN NO EVENT WILL 3monk3ys OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS EULA OR YOUR USE OF THE 3monk3ys APPLICATIONS OR 3monk3ys, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER 3monk3ys MEMBERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE 3monk3ys APPLICATIONS OR 3monk3ys DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
    THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN 3monk3ys AND RECEIVED THROUGH OR ADVERTISED ON 3monk3ys OR RECEIVED THROUGH ANY LINKS PROVIDED ON 3monk3ys.

6. BASIS OF THE BARGAIN

  • The warranty disclaimer, exclusive remedies, and limitations on damages set forth above are fundamental elements of the basis of the agreement between you and 3monk3ys. 3monk3ys would not be able to provide the 3monk3ys Applications or 3monk3ys to you on an economically reasonable basis without these limitations. The above warranty disclaimer, exclusive remedies, and limitations on damages inure to the benefit of 3monk3ys licensors.

7. INDEMNIFICATION

  • You agree to indemnify, save, and hold 3monk3ys, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your use or misuse of the 3monk3ys Applications, 3monk3ys, violation of this EULA, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. 3monk3ys reserves the right, at its expense, to assume the exclusive defense and control of any matter for which you are required to indemnify 3monk3ys, and you agree to cooperate with 3monk3ys's defense of these claims.

8. GOVERNMENT END USERS

  • If the 3monk3ys Applications are being acquired on behalf of the United States Government, the following applies. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.

9. MISCELLANEOUS.

  • Waiver. The failure of 3monk3ys to exercise or enforce any right or provision of this EULA will not constitute a waiver of such right or provision. Any waiver of any provision of this EULA will be effective only if in writing and signed by 3monk3ys.
  • Governing Law. This EULA will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
  • Jurisdiction. You agree that any action at law or in equity arising out of or relating to this EULA or 3monk3ys will be filed only in the state or federal courts in and for New York, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
  • Severability. If any provision of this EULA shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this EULA and will not affect the validity and enforceability of any remaining provisions.
  • Assignment. This EULA, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 3monk3ys without restriction.
  • Headings. The heading references herein are for convenience purposes only, do not constitute a part of this EULA, and will not be deemed to limit or affect any of the provisions hereof.
  • Entire Agreement. This is the entire agreement between you and 3monk3ys relating to the subject matter herein and will not be modified except in a writing, signed by both parties, or by a change to this EULA by 3monk3ys.
  • Claims. YOU AND 3monk3ys AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE 3monk3ys APPLICATIONS OR 3monk3ys MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  • Disclosures. The services hereunder are offered by Fountain Dew LLC located at 6631 Fairwary Cove Drive, Orlando, FL 32835 and email: info@3monk3ys.com.

10. OWNERSHIP OF 3monk3ys APPLICATIONS

  • The 3monk3ys Applications are the copyrighted proprietary material of 3monk3ys and/or its third-party licensors. Your license under this EULA is not a sale of the 3monk3ys Applications or any copy thereof and 3monk3ys or its third-party licensors retain all right, title, and interest in the 3monk3ys Applications (and any copies thereof). 3monk3ys and its third-party licensors reserve all rights not expressly granted under this EULA.