Some features of MONJO may be subject to additional terms and conditions, which you should read before making use of those features, and they add up to these Terms. You understand that, just like a regular mobile phone service, anyone with knowledge of your phone number may call you or send you messages through MONJO and anyone you send a message to, can use the content of your message as they desire.
1. Legal Capacity; Children and Minors. If you are under the age of consent in your country to form a binding agreement, you should only use MONJO if you have the legal consent of your parent or guardian for your use of MONJO. You should use MONJO only if you are fully able to understand and enter into and comply with these Terms. MONJO is not intended for people under 16.
2. Updates to Terms. We are always working on adding new and/or additional features to MONJO, and because of that and also since applicable laws may change, we may revise and reissue these Terms occasionally, by posting updated Terms. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Services. You should visit the MONJO website regularly to review the current Terms. If you do not agree to updated Terms, you should close your account and stop using MONJO. Your continued use of MONJO and/or any of it’s features, will be deemed as your acceptance of any revisions on the Terms and Policies.
4. Trademarks and Copyrights. MONJO, the associated services and materials incorporated by Mynapse Sdn. Bhd. are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images incorporated in MONJO are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by Mynapse Sdn. Bhd. or others (“Trademarks”). Mynapse Sdn. Bhd. or its licensors own the title, copyright, and other intellectual property rights in the Material and Service, and by using MONJO, you do not acquire any ownership rights in MONJO, associated services or materials contained therein. Mynapse Sdn. Bhd. respects the intellectual property rights of others and asks users of MONJO to do the same.
5. Publish content. By signing up for MONJO, you agree NOT to: • Use MONJO to send spam or scam users, • Use MONJO to promote violence and/or racism in groups and channels, • Use MONJO to distribute illegal pornographic, or in other ways illegal and/or fraudulent content, • Use MONJO for hate speech or cyberbullying • Publish copyrighted or patented content, on which the user does not own the copyrights or patents 6. Use of Stickers. Our digital stickers are protected by copyright and are intended for Users’ individual use only.
7. User Content. Because we want to protect you and other users, and make sure your experience is positive, we reserve the ultimate right at all times to remove or refuse to distribute any user content in MONJO, to suspend or terminate user accounts, and to block users from MONJO without liability to us, including where such user content, in our sole discretion, violates our Terms and/or other Policies.
8. Our Use of Your User Content. Mynapse Sdn. Bhd. will consider any feedback, ideas or suggestions and/or contribution, which you provide to us, as available for our use, free of any obligations.
9. Claims of Infringement. If you believe that any materials accessible in MONJO infringe your copyrights, you may request the removal of those materials (or access thereto) by contacting us via www.monjo.com
10. Responsibility for Your Use. You may only use MONJO and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through MONJO, otherwise you may be exposed to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to MONJO is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through MONJO are the sole responsibility of the sender, not of Mynapse Sdn. Bhd., and that you are responsible for all material you upload, send, publicly post or otherwise transmit to or through MONJO.
11. System Abuse; Bulk Messaging. Without limitation, you agree not to use MONJO’s features and services in such a way and with the malicious intent to disrupt the MONJO system, or engage in “spamming” (i.e., sending unsolicited messages for business or other purposes). In addition, you agree not to send “bulk messaging” (i.e. sending messages for business or other commercial purposes) without written permission by Mynapse Sdn. Bhd., or undertake any other activity which may adversely affect the operation or enjoyment of MONJO by any other person, including placing malware in MONJO. You may not reproduce, modify, sell, resell, or otherwise exploit any resource, or access to any resource, contained in MONJO, or MONJO application software itself. 12. Security of User Accounts. If you create a User Account you are required to provide your real mobile phone number. You are responsible for all activities that occur under your User Account. You agree to notify Mynapse Sdn. Bhd. immediately of any unauthorized use of your User Account or any breach of security with respect to your User Account. Mynapse Sdn. Bhd. will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your User Account. Mynapse Sdn. Bhd. shall be entitled to monitor your User Account, at its discretion. At all times the user must keep his telephone number up to date. If a new user registers an ‘expired’ telephone number, the previous owner of the number will receive a message that he must update his telephone number. Failing to do so, at the discretion of Mynapse Sdn. Bhd., the User Account may be blocked.
13. Violation of Security Systems. You are prohibited from using any services or facilities provided in connection with MONJO to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. account guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Mynapse Sdn. Bhd. reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
14. Disclaimer of Warranties. Although we make great efforts to make MONJO error and interruption free, we cannot promise that such efforts will result with such desired performance. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. MONJO, THE ASSOCIATED SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE 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, MYNAPSE SDN BHD, ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF MYNAPSE SDN BHD DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MYNAPSE SDN BHD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH MONJO WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MONJO OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYNAPSE SDN BHD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN MONJO OR ANY WEBSITES LINKED TO MONJO IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. MYNAPSE SDN BHD MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND MYNAPSE SDN BHD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE ACCESSING A UNITED KINGDOM OR LUXEMBOURG VERSION OF THE SERVICE, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS, OR EMPLOYEES. 15. Limitation of Liability. MYNAPSE SDN BHD DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICE OR ANY OTHER SITE, APP OR SERVICE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICE OR ANY OTHER SITE, APP OR SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF MONJO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW
16. Indemnity. You agree to indemnify and hold harmless Mynapse Sdn. Bhd. from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or transmission of any content onto MONJO’s servers and/or from any and all use of your User Account.
17. Release. If you have a dispute with one or more users (including game developers and/or merchants), you release Mynapse Sdn. Bhd. from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
18. Investigations. Mynapse Sdn. Bhd. may seek to gather information from a user who is suspected of violating these Terms and from any other user. Mynapse Sdn. Bhd. may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Mynapse Sdn. Bhd. believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or other content, remove the material permanently, cancel postings, warn users, suspend users, terminate accounts, or take other corrective action it deems appropriate. Mynapse Sdn. Bhd. may fully cooperate with any law enforcement authorities or court order requesting or directing Mynapse Sdn. Bhd. to disclose personal identifiable data of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF MYNAPSE SDN BHD FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF MYNAPSE SDN BHD DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE MYNAPSE SDN BHD OR LAW ENFORCEMENT AUTHORITIES.
19. Reservation of Rights. Mynapse Sdn. Bhd. reserves the right to modify or discontinue, temporarily or permanently, all or any part of MONJO and/or any software, facilities, and associated services, with or without notice and/or to establish general guidelines and limitations on their use.
20. Local Regulations. We make no representation that MONJO is available for use or permitted by law in any particular location. To the extent you choose to access MONJO, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported the country you reside in.
22. Mynapse Sdn. Bhd. cannot ensure that you will be satisfied with any products or services that you purchase from any third-party and/or third-party feature that links to or from MONJO since the third-parties are owned and operated by independent retailers. Mynapse Sdn. Bhd. does not endorse any of the merchandise, nor has Mynapse Sdn. Bhd. taken any steps to confirm the accuracy or reliability of any of the information contained by such third-party. Mynapse Sdn. Bhd. does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third-parties.
23. Jurisdictional Issues. The Materials and all other content MONJO are presented for the purpose of providing information regarding MONJO available in Europe and elsewhere.
24. Choice of Law. To the extent permitted by law these Terms shall be governed by, construed and enforced in accordance with the laws of the Netherlands in Europe, and with the laws of Malaysia for the rest of the world.
25. Binding Arbitration of All Disputes; No Class Relief. This section sets forth the exclusive way you can resolve any dispute you may have with us. If you ever wish to seek any relief from us, you agree to do it only through arbitration, and you waive the ability to pursue class action. Non-U.S. Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to MONJO or the Terms, then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section. Your notice to us must be sent to us at firstname.lastname@example.org. For a period of sixty (60) days from the date of receipt of notice from the other party, Mynapse Sdn. Bhd. and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or Mynapse Sdn. Bhd. to resolve the dispute on terms which either you or Mynapse Sdn. Bhd., in each of our sole discretion, are uncomfortable with.
26. How to Contact Us. Please forward any questions regarding privacy and other legal matters via www.monjo.com
27. General. If any provision of these Terms is adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Mynapse Sdn. Bhd. relating to the matters contained here and MONJO. In the event you read these terms in any language other than English, you agree that in the event of any discrepancies, the English version shall prevail.