These terms and conditions (the “Terms and Conditions”) govern the use of website
jokesonus.lol and services pertaining to the game “JOKE's ON US” accessible on various
platforms such as game consoles, personal computers, mobile devices, television sets (“Services”).
The Services are provided by Gmonks Entertainment Private Limited (“Gmonks”) having its office at
T- 6 -3403, Ebony Runwal Green, M.G Link Road Bhandup West, Mumbai City, Mumbai,
Maharashtra, India, 400078 and email id contact@gmonks.com
By using the Services, you indicate that you have read the Terms and Conditions and agree to abide by them at all times.
Please note that these Terms and Conditions contain a dispute resolution clause that impacts your rights about any potential dispute resolution. Please read these Terms and Conditions carefully.
1.1 Age
- You must be 13 years of age or older to create an account and avail the Services.
- Users between 13-18 years old require parental consent.
- We comply with the Children's Online Privacy Protection Act (COPPA) to protect minor users' privacy.
- You are solely responsible for your account and the security and privacy of your account, including your passwords or sensitive information attached to that account.
- You are responsible for maintaining the confidentiality of their account credentials.
- You agree to provide accurate registration information.
- Gmonks reserves the right to suspend or terminate accounts that violate these terms.
2. Intellectual Property
All content provided through our Services, including but not limited to images, text, logos, and downloadable files, is the intellectual property of Gmonks Entertainment Private Limited.
You are granted a limited, non-exclusive, revocable license to access and use the Services for personal, non-commercial purposes. You may not copy, reproduce, or distribute any content from our Services without our prior written consent.
You may create content within our Services subject to the following conditions:
- Content must not include offensive, discriminatory, or inappropriate material.
- By sharing content, users grant Gmonks a worldwide, royalty-free license to use, modify, and distribute the content within the Services.
- Gmonks reserves the right to remove any user-generated content that violates these terms.
As a user of our Services you agree to use our Services legally and not to not use our Services for illegal purposes, and not to:
- Harass or mistreat other users of our Services;
- Violate the rights of other users of our Services;
- Violate the intellectual property rights of the owners of the Services or any third party using the Services;
- Hack into the account of another user of the Services;
- Act in any way that could be considered fraudulent; or
- Post any material that may be deemed inappropriate or offensive.
4. Game Availability
- Gmonks aims to provide continuous game access but does not guarantee uninterrupted service.
- Maintenance, updates, or technical issues may temporarily interrupt game access.
5. Game Changes
- Gmonks reserves the right to modify, update, or discontinue the Game or its features.
- Users will be notified of significant changes via email or in-game notifications.
6. Sale of Goods and Services
All descriptions, images, and information provided for goods and services during our Services are as
accurate as possible. However, slight variations may occur, and the accuracy of such descriptions is
not guaranteed. Goods and services are provided "as is," unless otherwise required by law.
In the event of any discrepancies, please contact our support team for resolution contact@gmonks.com
These Terms and Conditions apply to all the goods and services that are displayed on our Services at
the time you access it. All information, descriptions or images that we provide about our goods and
services are as accurate as possible. However, we are not legally bound by such information,
descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide.
You agree to purchase goods and services from our Services at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we
cancel your order and have already processed your payment, we will give you a refund equal to the
amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify
receipt of any refund.
7.Third Party goods and services.
Our Services may include content or links to third-party platforms. While we strive to work with
reputable providers, we cannot guarantee the quality or accuracy of goods and services provided by
third parties.
Additionally, your use of third-party services may involve the sharing of certain data. We recommend
reviewing the privacy policies and terms of service of any third-party platforms you interact with
through our Services. We are not responsible for any data shared directly with such platforms.
8. Subscription
Your subscription will automatically renew unless cancelled prior to the renewal date. We will notify
you of the subscription renewal terms, including the amount to be charged and the renewal date, at
least 30 days before your subscription renews.
To cancel your subscription, you can log into your account and select the "Cancel Subscription"
option. Cancellation requests must be received before the renewal date to avoid being charged for the
next billing cycle. Upon cancellation, your access will continue until the end of the current billing
period.
9. Payments
We accept the following payments methods on our Services:
Credit Card
Paypal and
Debit Card.
When you provide us with your payment information, you authorise our use of and access to the
payment instrument you have chosen to use. By providing us with your payment information, you
authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
10. Privacy and Data Protection
- We collect and process user data in accordance with our Privacy Policy.
- We comply with the California Consumer Privacy Act (CCPA) and other applicable data protection laws.
- By using the Services, you consent to our data collection and processing practices which can be accessed in detail in our Privacy Policy.
- Users can request data deletion or opt-out of certain data processing.
11. Refunds
All services provided by us are non-refundable. However, in the case of a technical error during payment processing, Gmonks will refund the incorrectly processed amount, provided the customer notifies Gmonks at contacts@gmonks.com within 72 (seventy-two) hours of the payment processing. The refund will be processed within 5-10 business days, depending upon the bank.
12. Privacy and Data Protection
- We collect and process user data in accordance with our Privacy Policy.
- We comply with the California Consumer Privacy Act (CCPA) and other applicable data protection laws.
13. Consumer Protection Law
Where any federal or state consumer protection legislation in your jurisdiction applies and cannot be
excluded, these Terms and Conditions will not limit your legal rights and remedies under that
legislation. Specifically, these Terms and Conditions comply with the Federal Trade Commission Act,
as well as applicable state consumer protection laws. If there is a conflict between these Terms and
Conditions and such legislation, the mandatory provisions of the legislation will apply.
Refunds for digital purchases will be governed in accordance with the applicable laws of your state.
Please note that refunds may not be provided for services once accessed, except where required by
law.
Our Services may be availed via Third Party platforms that we do not own or control. We are not
responsible for the content, policies or practices of any third-party website or services linked to our
Services. It is your responsibility to read the terms and conditions and privacy policies of these third
party websites before using these Services.
We are committed to ensuring our Services are accessible to all users, including those with disabilities. If you experience any accessibility challenges, please contact us at contact@gmonks.com for assistance. We aim to comply with the Americans with Disabilities Act (ADA) and other relevant accessibility standards
15. Disclaimer
The Services are provided "as is" without warranties of any kind.
- Gmonks is not liable for:
- Any damages arising from game usage.
- Loss of game progress.
- Interruption of game services.
16. Limitation of Liability
To the fullest extent permitted by law, Gmonks Entertainment Private Limited and its directors,
officers, employees, agents, subsidiaries, and affiliates will not be liable for any damages, losses, or
expenses, including legal fees, arising out of your use of our Services. This includes, but is not limited
to, incidental, consequential, or punitive damages, except where such liability arises from gross
negligence, willful misconduct, or a violation of statutory rights.
17. Indemnity
Except where prohibited by law, by using these Services you indemnify and hold us harmless and our
directors, officers, agents, employees, subsidiaries and affiliates from any actions, claims, losses,damages, liabilities and expenses including legal fees arising out of your use of our Services or your
violation of these Terms and Conditions.
18. Applicable Law
These Terms and Conditions are governed by the laws of the United States of America.
19. Dispute Resolution
Before initiating any formal legal proceeding, the parties agree to:
- Attempt to resolve disputes through good-faith negotiation
- Provide written notice of any dispute, describing its nature and requested relief
- Engage in a 30-day informal resolution period
Subject to the exceptions outlined below, any dispute arising from or relating to the Terms and Conditions or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
19.3. Arbitration Terms:
- Arbitration will be conducted by a single neutral arbitrator
- The arbitration will be held in the federal judicial district where the user resides
- The arbitrator shall have the authority to grant any remedy available under applicable law
- The arbitration process shall be confidential
Notwithstanding the arbitration provision, either party may seek relief in small claims court or pursue injunctive relief in court for:
- Intellectual property protection
- Urgent equitable relief necessary to prevent irreparable harm
- Claims that do not exceed the jurisdictional limit of small claims court
Users may opt-out of this arbitration agreement by:
- Sending a written opt-out notice to Gmonks within 30 days of first using the Game
- Providing a clear statement of intent to opt-out
- Sending the notice to the official contact address specified in these Terms and Conditions
To the fullest extent permitted by law:
- Any proceedings shall be conducted on an individual basis only;
- Class action, collective action, and consolidated proceedings are expressly waived;
- If a court determines that this waiver is unenforceable, the entire arbitration provision may be deemed invalid.
If any portion of this dispute resolution section is found to be unenforceable:
- That specific provision will be modified to the minimum extent necessary to make it enforceable
- All other provisions remain in full force and effect
This dispute resolution provision shall be governed by the Federal Arbitration Act and applicable federal law.
20. Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be
inconsistent or invalid under applicable laws, those provisions will be deemed void and will be
removed from these Terms and Conditions. All other provisions will not be affected by the removal
and the rest of these Terms and Conditions will still be considered valid.
21. Changes
We reserve the right to amend these Terms and Conditions at any time to comply with changes in the
law or operational requirements. You will receive notification of any material changes at least 30 days
before the updated terms take effect, either via email or by a notice on our Services. Gmonks may
update these Terms and Conditions. Material changes will be communicated 30 days prior to
implementation.
By continuing to use the Services after the updated terms take effect, you agree to be bound by the
revised Terms and Conditions.
22. Contact Information
For questions or concerns regarding these Terms and Conditions, please contact us at:
T-6-3403, Ebony Runwal Green,
M.G. Link Road, Bhandup West,
Mumbai City, Mumbai, Maharashtra, India, 400078