A Thinking Ape, Inc. (A Thinking Ape) owns and operates the online game SMASH Monsters.
A Thinking Ape Services is available for individuals aged 13 years or older. If you are under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
You may post and share comments and content with other users through SMASH Monsters's communication mechanism. By using SMASH Monsters, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:
Failure to adhere to these rules may result in removal of speaker items or account suspension. All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you upload, post, cause a display or performance of, email, transmit or otherwise make available via SMASH Monsters. A Thinking Ape reserves the right to, but has no obligation to, monitor or screen the content posted and/or displayed or performed in SMASH Monsters and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST, CAUSE TO BE DISPLAYED OR PERFORMED IN ANY AREAS OF SMASH Monsters AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE SMASH Monsters AND THE SERVICES PROVIDED THEREBY.
You may not use SMASH Monsters to do any of the following list of activities. Failure to adhere to these rules may result in removal of speaker items or account suspension.
You can only have one Account per iPhone, iPod Touch, iPad, or Android device.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF A THINKING APE. A Thinking Ape does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of your Account.
You understand that SMASH Monsters acts only as a forum and technical interface between users and that A Thinking Ape does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to A Thinking Ape. A Thinking Ape cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user. You understand that you may be exposed to content that you find offensive to you, and that you use SMASH Monsters at your own risk.
SMASH Monsters may contain links to third-party sites that are not under the control of A Thinking Ape, and A Thinking Ape is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that A Thinking Ape endorses or accepts any responsibility for the content on such third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found on or through SMASH Monsters, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. A Thinking Ape is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on SMASH Monsters. In addition, links to advertising that has not been approved by A Thinking Ape may be embedded in third party content displayed on SMASH Monsters. A Thinking Ape is not responsible for any content, cookies, or other technology used in connection with such advertising.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION AND SERVICES OFFERED ON SMASH Monsters IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND AND A THINKING APE HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, A THINKING APE DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. In no event shall A Thinking Ape be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other torturous action, arising out of or in connection with the use of SMASH Monsters or information available from SMASH Monsters.
Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within SMASH Monsters. SMASH Monsters may contain technical inaccuracies or typographical errors. A Thinking Ape assumes no responsibility for and disclaims all liability for and disclaims all liability for any such inaccuracies, errors, or omissions on SMASH Monsters.
A Thinking Ape may terminate or make changes to all or any portion of SMASH Monsters, product offerings, and any other information and materials on SMASH Monsters and may delete any content that has been submitted to SMASH Monsters at any time and without notice or liability.