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Terms and Conditions

Our Terms and Conditions were last updated on January 5th, 2023.

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

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

Definitions

For the purposes of these Terms and Conditions:

  • 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.
  • Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Monkeyslunch.
  • Country” refers to Canada.
  • Device” means any device that can access the Service such as but not limited to a computer, a cell phone, or a digital tablet.
  • Feedback” means feedback, innovations, or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Service” refers to the Website, Products currently or formerly offered on the Website, and Content distributed by the Website or its social media accounts.
  • Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Website” refers to Monkeyslunch, accessible from monkeyslunch.com or Bug & Claw, accessible from bugandclaw.com, and their payment partners.
  • You” 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

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

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

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

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 also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality, are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country 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 the Company.

DUNGEONS & DRAGONS, D&D, Wizards of the Coast, Forgotten Realms, Ravenloft, Eberron, the dragon ampersand, Ravnica and all other Wizards of the Coast product names, and their respective logos are trademarks of Wizards of the Coast in the USA and other countries.

The Website may contain material that is copyright Wizards of the Coast and/or other authors. Such material is used with permission under the Community Content Agreement for Dungeon Masters Guild. All other original material in this work is copyright 2021 by the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Third-Party Products, Services, Downloads, And Links to Other Websites

Our Service may feature products and services, contain links, or otherwise direct 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 products, 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 websites or services that You visit.

Affiliate links are subject to the following disclaimer:

Please keep in mind that we may receive a commission when you click on our links and make a purchase. This, however, has no bearing on our reviews and comparisons. We do our best to keep things fair and balanced in order to assist you in making the best decision for you.

Code of Conduct

You agree not to use the Service to:

  • Harass, threaten, or intimidate members of the Service;
  • Impersonate another entity or person;
  • Post, upload, transmit, share, or store content which is unlawful, defamatory, infringing, obscene, sexually explicit (excepting images under specific circumstances), or invasive of another's right to privacy or publicity;
  • Post, upload, transmit, share, or store unsolicited or unauthorized advertising, solicitations, "spam", or any other type of unauthorized solicitation;
  • Solicit personal information from any user under the age of 18;
  • Access or attempt to access any information on the Service through an interface other than the Service or otherwise approved by the Operators;
  • Solicit passwords or other information for unlawful purposes;
  • Use the Service in any unlawful manner or in any other manner which could damage, impair, or overburden the site.

You further agree to:

  • Only use the services in a manner consistent with these Terms of Use and in compliance with applicable laws and regulations;
  • Maintain the confidentiality of any password(s) associated with your use of the Service;
  • Notify the Operators immediately in case of any unauthorized use of your account;
  • Not to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of, or enable unauthorized access to any computer software or hardware or telecommunications equipment;
  • Not to upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Not to forge headers, or manipulate source identifiers or otherwise attempt to disguise the origin of any content made available via the Service;
  • Use data provided by the Service only as allowed by the Service's Privacy Policy.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Termination may also include muting or blocking your social media accounts from accessing the Company's social media accounts.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 $CAD if You haven't purchased anything through the Service.

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.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"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 the 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 providers 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 Country, excluding its conflicts of law rules, shall govern this Terms 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.

Canada Legal Compliance

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

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 effect 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.

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 sending us a tweet: @bugandclaw (you may be asked to move the conversation to private message)