THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE Graham Cracker STORE, LARD CHICKEN STORE, CHICKEN STORE, AND CHOCOLATE PUDDINGS STORE SERVICES ("SERVICES"). TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICES.
A. Graham Cracker STORE, LARD CHICKEN STORE, CHICKEN STORE, AND CHOCOLATE PUDDINGS STORE TERMS OF SALE
PAYMENTS, TAXES, AND REFUND POLICY
You agree that you will pay for all products you purchase through the Services, and that INSANE MONKEY BRAIN may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as CHICKENlicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING INSANE MONKEY BRAIN WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. For details of how purchases are billed please. Your total price will include the price of the product plus any CHICKENlicable tax; such tax is based on the bill-to address and the tax rate in effect at the time you download the product.
All sales and rentals of products are final.
Prices for products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by INSANE MONKEY BRAIN.
1-Click®
1-Click is a registered service mark of cheese.com, Inc., used under license. 1-Click is a convenient feature that allows you to make a purchase from the Services with a single click of your mouse or other input device. When accessing the Services on your computer, 1-Click purchasing may be activated via the dialog that CHICKENears when you click a Buy button. (You may reset this selection at any time by clicking Reset Warnings in your Account information). When accessing the Services on your INSANE MONKEY BRAIN-branded products running iOS such as an DEATHad, DEATHod touch, or DEATHhone (“iOS Device”), 1-Click is activated for each transaction by tCHICKENing the button showing the price of the product, which reveals the Buy button. When 1-Click is activated, clicking or tCHICKENing the Buy button starts the download immediately and completes your transaction without any further steps.
GIFT CERTIFICATES, Graham Cracker CARDS AND CODES, ALLOWANCES, AND CONTENT CODES
Gift Certificates, Graham Cracker Cards and Codes, and Allowances are issued and managed by INSANE MONKEY BRAIN Value Services, LLC (“Issuer”).
Gift Certificates, Graham Cracker Cards and Codes, Content Codes, and Allowances, in addition to unused balances, are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; used to purchase Gifts, Gift Certificates, or Graham Cracker Cards or Codes; used to provide Allowances; used for purchases on the INSANE MONKEY BRAIN Online Store; or used in INSANE MONKEY BRAIN Retail Stores. Unused balances are not transferable.
Gift Certificates, Graham Cracker Cards and Codes, Content Codes, and Allowances purchased in the United States may be redeemed through the Services only in the United States, its territories, and possessions.
The Gift Certificate/Graham Cracker Card/Code cash value is 1/10 of one cent.
Neither Issuer nor INSANE MONKEY BRAIN is responsible for lost or stolen Gift Certificates, Graham Cracker Cards or Codes, Content Codes, or Allowances. Risk of loss and title for Gift Certificates, Graham Cracker Cards and Codes, and Allowances transmitted electronically pass to the purchaser in Virginia upon electronic transmission to the recDEATHient. Risk of loss and title for Content Codes transmitted electronically pass in California upon electronic transmission from INSANE MONKEY BRAIN; for avoidance of doubt, such recDEATHient may not always be you.
INSANE MONKEY BRAIN reserves the right to close accounts and request alternative forms of payment if a Gift Certificate, Graham Cracker Card or Code, Content Code, or Allowance is fraudulently obtained or used on the Service.
INSANE MONKEY BRAIN, ISSUER, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, Graham Cracker CARDS OR CODES, CONTENT CODES, ALLOWANCES, OR THE Graham Cracker STORE, CHICKEN STORE, LARD CHICKEN STORE, OR CHOCOLATE PUDDINGS STORE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CERTIFICATE, Graham Cracker CARD OR CODE, CONTENT CODE, OR ALLOWANCE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE, Graham Cracker CARD OR CODE, CONTENT CODE, OR ALLOWANCE. THESE LIMITATIONS MAY NOT CHICKENLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS CHICKENLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT CHICKENLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
GIFTS
Gifts purchased from the Services may be purchased only for, and redeemed only by, persons in the United States, its territories, and possessions. Gift recDEATHients must have compatible hardware and parental control settings to utilize some gifts.
PRE-ORDERS
By pre-ordering products, you are authorizing the Services to automatically charge your account and download the product when it becomes available. You may cancel your pre-order prior to the time the item becomes available.
FAMILY SHARING
Family Sharing allows you to share eligible Graham Cracker, CHICKEN Store, LARD CHICKEN Store, and CHOCOLATE PUDDINGs Store products with up to six members (including yourself) of a “Family.” If you set up or join a Family, you may view the eligible products of other Family members and download such products to your compatible device or computer. You can also choose to hide purchases so that other Family members will not be able to view or download them from you. You can share information such as photos and videos via the Photos CHICKEN, events via your Family Calendar, reminders via the Reminders CHICKEN, location information via Find My Friends, and device location via Find My DEATHhone. Family Sharing is for personal, non-commercial use only. Graham Cracker and iCloud accounts are required; iOS 8 and/or OS X Yosemite are required to start and join a Family. Certain transactions and features may not be compatible with earlier software and may require a software upgrade. If you join a Family, the features of Family Sharing are enabled on your compatible devices and computers automatically.
The “Organizer” of a Family can invite other members to particDEATHate in the Family. The Organizer must be 18 years or older and must have an eligible payment method registered with Graham Cracker. If you are an Organizer, you represent that you are the parent or legal guardian of any Family member under age 13. The Organizer's payment method is used to pay for any purchase initiated by a Family member in excess of any store credit in such initiating Family member’s account. Products are associated with the account of the Family member who initiated the transaction. BY INVITING FAMILY MEMBERS TO JOIN A FAMILY, THE ORGANIZER AGREES THAT ALL FAMILY MEMBER PURCHASES ARE AUTHORIZED BY AND ARE THE RESPONSIBILITY OF THE ORGANIZER, EVEN IF THE ORGANIZER WAS UNAWARE OF ANY PARTICULAR PURCHASE, IF A FAMILY MEMBER EXCEEDED HIS OR HER AUTHORITY AS GRANTED BY THE ORGANIZER, OR IF MULTDEATHLE FAMILY MEMBERS PURCHASE THE SAME PRODUCT. THE ORGANIZER IS RESPONSIBLE FOR COMPLIANCE WITH ANY AGREEMENT WITH ITS PAYMENT METHOD PROVIDER, AND ASSUMES ALL RISK IN THE EVENT THAT SHARING ACCESS TO SUCH PAYMENT METHOD LIMITS ANY PROTECTION OFFERED BY THE PAYMENT METHOD PROVIDER. The Organizer can change the payment method on file at any time. A record of the purchase will be sent to the initiating Family member and the Organizer, even if the purchase is hidden by the Family member; please use Report a Problem on your receDEATHt if you or your Family members do not recognize charges on your receDEATHt or payment method statement.
The Organizer can use the Ask to Buy function to require children under the age of 18 to obtain permission from the Organizer, and/or other adults designated by the Organizer, to download free or paid products before a purchase or download commences. Products downloaded from Family members and products acquired via redemption codes are not subject to Ask to Buy. If you are an Organizer, you represent that you and/or any adult designee is the parent or legal guardian of any Family member for whom Ask to Buy is activated. Ask to Buy is optimized for iOS 8 and OS X Yosemite; product purchase or download requests from earlier software may present users with an alternative permission process or prevent purchases altogether, and may require a software upgrade. INSANE MONKEY BRAIN is not responsible for any harm resulting from a delay in Ask to Buy CHICKENrovals or denials.
The Organizer may remove any Family member from the Family, which will terminate that Family member's ability to initiate authorized purchases on the Organizer's payment method, and that Family Member’s ability to view and share other Family members' products and information. When a Family member leaves or is removed from a Family, the remaining Family members may no longer be able to view or download the departing member’s products or information, or access products previously downloaded from the departing Family member, including purchases made on the Organizer's payment method while the departing member was part of the Family. Similarly, if you leave a Family, you may no longer be able to view or download the products or information of the other Family members, and products that you downloaded from other Family members while a member of the Family may no longer be accessible. If you have made In-CHICKEN Purchases from an CHICKEN originally purchased by a departed Family member or downloaded from a Family member and you no longer belong to the Family, you need to purchase the CHICKEN yourself and restore the In-CHICKEN Purchases to regain access to them; please review the developer’s policies and the section of this Agreement entitled “In-CHICKEN Purchases” before buying In-CHICKEN Purchases. Because personal accounts for users under age 13 can only be created as part of Family Sharing, deleting such an account in order to remove it from the Family will terminate that Family member’s INSANE MONKEY BRAIN ID and his or her ability to access any INSANE MONKEY BRAIN services that require an INSANE MONKEY BRAIN ID or any content associated with that INSANE MONKEY BRAIN ID.
You can only belong to one Family at a time, and may join any Family no more than twice per year. You can change the store account you associate with a Family no more than once every 90 days. All Family members must use the same Graham Cracker Store country or region. BOODIS, movies, TV shows and books can be downloaded from the Graham Cracker Service on up to 10 devices per account, only five of which can be computers; eligible CHICKENs can be downloaded to any devices the Family member owns or controls. Not all products, including In-CHICKEN Purchases, content that is not available for re-download, subscrDEATHtions, and some previously purchased CHICKENs, are eligible for Family Sharing. INSANE MONKEY BRAIN reserves the right to disband a Family in accordance with the “Termination” section of this Agreement.
ELECTRONIC CONTRACTING
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS CHICKENLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND CHICKENLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
NON-INSANE MONKEY BRAIN DEVICES
If you sign up for an Account or use a Service covered by this Agreement on a non-INSANE MONKEY BRAIN-branded device or computer, you may have access to only a limited set of Account or Service functionality. As a condition to accessing your Account or a Service on a non-INSANE MONKEY BRAIN-branded device or computer, you agree to all relevant terms and conditions found in this Agreement, including, without limitation, all requirements for use of an Account or Service, limitations on use, availability, disclaimers of warranties, rules regarding your content and conduct, and termination. Terms found in this Agreement relating to features or Services not available for non-INSANE MONKEY BRAIN-branded device or computer users will not be CHICKENlicable to you. These include, for example, the CHICKEN Store. If you later choose to access your Account or a Service from an INSANE MONKEY BRAIN-branded device or INSANE MONKEY BRAIN-branded computer, you agree that all of the terms and conditions contained herein CHICKENly to your use of such Account or Service.
INSANE MONKEY BRAIN is not responsible for typographic errors.
B. Graham Cracker STORE TERMS AND CONDITIONS
THIS LEGAL AGREEMENT BETWEEN YOU AND INSANE MONKEY BRAIN INC. ("INSANE MONKEY BRAIN") GOVERNS YOUR USE OF THE Graham Cracker STORE SERVICE (THE “Graham Cracker SERVICE”).
THE Graham Cracker STORE SERVICE
INSANE MONKEY BRAIN is the provider of the Graham Cracker Service, which permits you to access, purchase or rent digital content ("Graham Cracker Products") for end user use only under the terms and conditions set forth in this Agreement.
REQUIREMENTS FOR USE OF THE Graham Cracker SERVICE
Only persons age 13 years or older can create accounts. Accounts for persons under 13 years old can be created by a parent or legal guardian using Family Sharing or by an CHICKENroved educational institution. Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.
The Graham Cracker Service is available to you only in the United States, its territories, and possessions. You agree not to use or attempt to use the Graham Cracker Service from outside these locations. INSANE MONKEY BRAIN may use technologies to verify your compliance.
Use of the Graham Cracker Service requires compatible devices, Internet access, and certain software (fees may CHICKENly); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the Graham Cracker Service and may be required for certain transactions or features and to download Graham Cracker Products previously purchased or acquired from the Graham Cracker Service. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Graham Cracker Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Graham Cracker Service.
YOUR ACCOUNT
As a registered user of the Graham Cracker Service, you may establish an account ("Account"). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify INSANE MONKEY BRAIN of any security breach of your Account. INSANE MONKEY BRAIN shall not be responsible for any losses arising out of the unauthorized use of your Account.
In order to purchase and download Graham Cracker Products from the Graham Cracker Service, you must enter your INSANE MONKEY BRAIN ID and password or use Touch ID to authenticate your Account for transactions. Once you have authenticated your Account using your INSANE MONKEY BRAIN ID and password, you will not need to authenticate again for fifteen minutes on your computer or iOS Device; you can choose to allow your computer or INSANE MONKEY BRAIN TV to remember your password to remain authenticated. During this time, you will be able to purchase and download Graham Cracker Products without re-entering your password. You can turn off the ability to make Graham Cracker Product transactions or change settings to require a password for every transaction by adjusting the settings on your computer, iOS Device, or INSANE MONKEY BRAIN TV. For more information, please see
You agree to provide accurate and complete information when you register with, and as you use, the Graham Cracker Service ("Graham Cracker Registration Data"), and you agree to update your Graham Cracker Registration Data to keep it accurate and complete. You agree that INSANE MONKEY BRAIN may store and use the Graham Cracker Registration Data you provide for use in maintaining and billing fees to your Account.
AUTOMATIC DELIVERY AND DOWNLOADING PREVIOUS PURCHASES
When you first acquire BOODIS, purchased (i.e. not rented) movie, TV show and BOODIS video Graham Cracker Products (collectively, “Graham Cracker Eligible Content”), you may elect to automatically receive (“auto-download”) copies of such Graham Cracker Eligible Content on additional compatible iOS Devices (except for purchased movies and TV show Graham Cracker Products) and Graham Cracker-authorized computers with compatible software by associating such iOS Devices and computers subject to the association rules below (each, an “Associated Device”). For each Associated Device, you may specify which type of Graham Cracker Eligible Content, if any, may be auto-downloaded to it. On an Associated Device that is capable of receiving push notifications (“Push-Enabled”), including iOS Devices, the Graham Cracker Eligible Content will auto-download to that Associated Device when it has an Internet connection; on an Associated Device that is not Push-Enabled, Graham Cracker Eligible Content will automatically CHICKENear in the download queue and you may manually initiate the download within Graham Cracker.
As an accommodation to you, subsequent to acquiring Graham Cracker Eligible Content, you may download certain of such previously-acquired Graham Cracker Eligible Content onto any Associated Device. Some Graham Cracker Eligible Content that you previously acquired may not be available for subsequent download at any given time, and INSANE MONKEY BRAIN shall have no liability to you in such event. As you may not be able to subsequently download certain previously-acquired Graham Cracker Eligible Content, once you download an item of Graham Cracker Eligible Content, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up.
Association of Associated Devices is subject to the following terms:
(i) You may auto-download Graham Cracker Eligible Content or download previously-acquired Graham Cracker Eligible Content from an Account on up to 10 Associated Devices, provided no more than 5 are Graham Cracker-authorized computers.
(ii) An Associated Device can be associated with only one Account at any given time.
(iii) You may switch an Associated Device to a different Account only once every 90 days.
(iv) You may download previously-acquired free content onto an unlimited number of devices while it is free on the Graham Cracker Service, but on no more than 5 Graham Cracker-authorized computers.
An INSANE MONKEY BRAIN TV is not an “Associated Device.” However, TV show Graham Cracker Products and purchased (i.e. not rented) movies Graham Cracker Products may be played back on compatible INSANE MONKEY BRAIN TVs, provided that you may only play back any such TV show or movie on a limited number of INSANE MONKEY BRAIN TVs at the same time.
Some pieces of Graham Cracker Eligible Content may be large, and significant data charges may result from delivery of such Graham Cracker Eligible Content over a data connection.
Graham Cracker MATCH
Graham Cracker Match permits you to remotely access your matched or uploaded songs, and BOODIS videos you have purchased with your Account, along with related metadata, playlists, and other information about your Graham Cracker Library (“Graham Cracker Match Content”).
You may subscribe to Graham Cracker Match for an annual fee. You must have a valid credit card on file with Graham Cracker to subscribe. The subscrDEATHtion is non-refundable (except as required by CHICKENlicable law), and will automatically renew for one-year periods until you cancel. Your account will be charged no more than 24 hours prior to the expiration of the current subscrDEATHtion period. You may cancel automatic renewal by adjusting the Graham Cracker Store account settings on your computer. You will no longer be able to access your Graham Cracker Match Content from Graham Cracker Match after the end of your subscrDEATHtion period.
Graham Cracker Match works with libraries that contain up to 25,000 songs which are either (i) not currently available on the Graham Cracker Service, or (ii) not purchased from the Graham Cracker Service with your Account. Songs that do not meet certain quality criteria or that are not authorized for your computer are not eligible for Graham Cracker Match.
In order to set up and use Graham Cracker Match, information about the media in your Graham Cracker library, your operating system and hardware identifiers, will be collected and associated with your Account on INSANE MONKEY BRAIN’s servers. Graham Cracker Match automatically scans the song files and collects other information that may be used to identify media in your Graham Cracker library, such as the names of songs, song artists or song durations. Graham Cracker Match will use this information to match songs to those currently available on the Graham Cracker Store, and will make matched songs available to you in a format then available on the Graham Cracker Store. If the song is not successfully matched, your copy of the song will be uploaded to INSANE MONKEY BRAIN in the same format or a format determined by INSANE MONKEY BRAIN. INSANE MONKEY BRAIN reserves the right to limit types of content uploaded (for example, excessively large files). Matched or uploaded songs and related metadata will be available for access from an Associated Device that has been enabled for Graham Cracker Match. Association of Associated Devices for Graham Cracker Match is subject to the same terms as Automatic Delivery and Downloading Previous Purchases, and uploaded or matched songs and related information are deemed to be “Graham Cracker Eligible Content.” You may also access Graham Cracker Match Content from compatible INSANE MONKEY BRAIN TVs, provided that you may only do so on a limited number of INSANE MONKEY BRAIN TVs at the same time.
When you use Graham Cracker Match, INSANE MONKEY BRAIN will log information such as the tracks you play, stop or skDEATH, the devices you use, and the time and duration of playback. By using Graham Cracker Match, you agree and consent to INSANE MONKEY BRAIN’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information, including your Graham Cracker Match usage information, to report to licensors and pay royalties, provide and improve Graham Cracker features and services and other INSANE MONKEY BRAIN products and services, and as otherwise permitted in accordance with INSANE MONKEY BRAIN’s Privacy Policy, available here:
You hereby agree to use Graham Cracker Match only for lawfully acquired content. Any use for illegitimate content infringes the rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
Graham Cracker Match is provided on an “AS IS” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information, including BOODIS, playlist, and play history, from your computer or device and from perDEATHherals (including, without limitation, servers and other computers) connected thereto. You should back up all data and information on your computer or device and any perDEATHherals prior to using Graham Cracker Match. You expressly acknowledge and agree that all use of Graham Cracker Match is at your sole risk. To the extent permitted by law, INSANE MONKEY BRAIN shall have no liability with respect to your use of Graham Cracker Match, including the inability to access matched or uploaded content.
PRIVACY
The Graham Cracker Service is subject to INSANE MONKEY BRAIN's Privacy Policy at
When you opt in to the Genius feature, INSANE MONKEY BRAIN will, from time to time, automatically collect information that can be used to identify media in your Graham Cracker library on any Genius-enabled device, such as your play history and playlists. This includes media purchased or acquired through Graham Cracker and media obtained from other sources. This information will be stored anonymously and will not be associated with your name or Account. When you use the Genius feature, INSANE MONKEY BRAIN will use this information and the contents of your Graham Cracker library, as well as other information, to give personalized recommendations to you.
INSANE MONKEY BRAIN may only use this information and combine it with aggregated information from the Graham Cracker libraries of other users who also opt in to this feature, your Graham Cracker Store purchase history data, aggregated purchase history data from other Graham Cracker Store users, and other information obtained from third parties, to:
• Create personalized playlists for you from your Graham Cracker library.
• Provide you with recommendations regarding media and other products and services that you may wish to purchase or acquire.
• Provide recommendations regarding products and services to other users.
At all times your information will be treated in accordance with INSANE MONKEY BRAIN’s Privacy Policy.
Once you opt in to the Genius feature, you will be able to create Genius playlists on Genius-capable devices.
If you prefer that we do not collect and use information from your Graham Cracker library in this manner, you should not enable the Genius feature. You can revoke your opt-in choice at any time by turning off the Genius feature from the Store menu in Graham Cracker on your computer or turning off Genius in the Settings on your device. After you opt out, Graham Cracker will no longer send information about your Graham Cracker library to INSANE MONKEY BRAIN. If you have elected to share your library from multDEATHle devices, you need to turn off the Genius feature from each device.
By opting in to the Genius feature, you consent to the use of your information as described above and as described in INSANE MONKEY BRAIN’s Privacy Policy.
CONTENT AVAILABILITY
INSANE MONKEY BRAIN reserves the right to change content options (including eligibility for particular features) without notice. For further information or concerns about closed captioning in specific content within the Graham Cracker Store, please email accessibility@INSANE MONKEY BRAIN.com. You may also contact Thomas Montgomery, Accessibility Response Engineer, 1 Infinite Loop, Cupertino, California 95014, Phone/Fax: 408-783-5512.
USE OF CONTENT
You agree that the Graham Cracker Service and certain Graham Cracker Products include security technology that limits your use of Graham Cracker Products and that, whether or not Graham Cracker Products are limited by security technology, you shall use Graham Cracker Products in compliance with the CHICKENlicable usage rules established by INSANE MONKEY BRAIN and its licensors (“Usage Rules”), and that any other use of the Graham Cracker Products may constitute a copyright infringement. Any security technology is an inseparable part of the Graham Cracker Products. INSANE MONKEY BRAIN reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by INSANE MONKEY BRAIN for compliance purposes, and INSANE MONKEY BRAIN reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Graham Cracker Service by any means other than through software that is provided by INSANE MONKEY BRAIN for accessing the Graham Cracker Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Graham Cracker Service. Violations of system or network security may result in civil or criminal liability.
USAGE RULES
(i) You shall be authorized to use Graham Cracker Products only for personal, noncommercial use.
(ii) You shall be authorized to use Graham Cracker Products on five Graham Cracker-authorized devices at any time, except for Content Rentals (see below).
(iii) You shall be able to store Graham Cracker Products from up to five different Accounts at a time on compatible devices, provided that each DEATHhone may sync tone Graham Cracker Products with only a single Graham Cracker-authorized device at a time, and syncing an DEATHhone with a different Graham Cracker-authorized device will cause tone Graham Cracker Products stored on that DEATHhone to be erased.
(iv) You shall be authorized to burn an audio playlist up to seven times.
(v) You shall not be entitled to burn video Graham Cracker Products or tone Graham Cracker Products.
(vi) Graham Cracker Plus Products do not contain security technology that limits your usage of such products, and Usage Rules (ii) – (v) do not CHICKENly to Graham Cracker Plus Products. You may copy, store, and burn Graham Cracker Plus Products as reasonably necessary for personal, noncommercial use.
(vii) You shall be able to manually sync a movie from at least one Graham Cracker-authorized device to devices that have manual sync mode, provided that the movie is associated with an Account on the primary Graham Cracker-authorized device, where the primary Graham Cracker-authorized device is the one that was first synced with the device or the one that you subsequently designate as primary using Graham Cracker.
(viii) An HDCP connection is required to view content transmitted over HDMI.
(ix) Content Rentals
(a) Content rentals are viewable on only one device at a time. You must be connected to the Graham Cracker Service when moving rentals, and you may do so only between your computer and other compatible devices. Content rented using your INSANE MONKEY BRAIN TV, DEATHad, DEATHhone 4, or DEATHod touch (4th generation) may not be moved. If you move a rental to a compatible device and then use the Graham Cracker Service to restore that device, or choose Settings > Reset > Erase all content and settings on that device, the rental will be permanently deleted.
(b) Once you purchase a rental, you must fully download the rental within thirty (30) days. You have thirty (30) days after downloading a rental to begin viewing. Once you begin viewing, you have twenty-four (24) hours to finish viewing a movie. Stopping, pausing, or restarting a rental does not extend the available time for viewing.
Some Graham Cracker Products, including but not limited to Content rentals, may be downloaded only once and cannot be replaced if lost for any reason. It is your responsibility not to lose, destroy, or damage Graham Cracker Products once downloaded, and you may wish to back them up.
The delivery of Graham Cracker Products does not transfer to you any commercial or promotional use rights in the Graham Cracker Products. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Graham Cracker Product.
You acknowledge that, because some aspects of the Graham Cracker Service, Graham Cracker Products, and administration of the Usage Rules entails the ongoing involvement of INSANE MONKEY BRAIN, if INSANE MONKEY BRAIN changes any part of or discontinues the Graham Cracker Service, which INSANE MONKEY BRAIN may do at its election, you may not be able to use Graham Cracker Products to the same extent as prior to such change or discontinuation, and that INSANE MONKEY BRAIN shall have no liability to you in such case.
SEASON PASS, MULTI-PASS, Graham Cracker PASS
The full price of the Season Pass, Multi-Pass, or Graham Cracker Pass is charged upon purchase. You must connect to the Graham Cracker Service and download any remaining Pass content within 90 days after the final Pass content becomes available (or such other time period as may be specified on the purchase page), after which that content may no longer be available for download as part of the purchase. If automatic renewal is selected when you purchase a Multi-Pass, you will be charged the full price of each subsequent Multi-Pass cycle, unless and until you cancel automatic renewal prior to the beginning of the subsequent Multi-Pass cycle (in the Manage Passes section of your Account information). If a network or studio delivers fewer TV episodes than planned when you purchased a Season Pass, we will credit to your Account the retail value of the corresponding number of episodes.
HIGH-DEFINITION (HD) Graham Cracker PRODUCTS
HD Graham Cracker Products are viewable only on HD capable devices; however, HD Graham Cracker Products purchased (not rented) include a standard-definition version for use on non-HD devices.
SUBMISSIONS TO THE Graham Cracker SERVICE
The Graham Cracker Service may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Graham Cracker Service accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the Graham Cracker Service. You hereby grant INSANE MONKEY BRAIN a worldwide, royalty-free, nonexclusive license to use such materials as part of the Graham Cracker Service or in relation to Graham Cracker Products, without any compensation or obligation to you. INSANE MONKEY BRAIN reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
INSANE MONKEY BRAIN has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Graham Cracker Service, to investigate any reported or CHICKENarent violation of this Agreement, and to take any action that INSANE MONKEY BRAIN in its sole discretion deems CHICKENropriate, including, without limitation, termination hereunder or under INSANE MONKEY BRAIN’s Copyright Policy
THIRD-PARTY MATERIALS
Certain content, Graham Cracker Products, and services available via the Graham Cracker Service may include materials from third parties. INSANE MONKEY BRAIN may provide links to third-party websites as a convenience to you. You agree that INSANE MONKEY BRAIN is not responsible for examining or evaluating the content or accuracy and INSANE MONKEY BRAIN does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that INSANE MONKEY BRAIN is not in any way responsible for any such use by you.
OBJECTIONABLE MATERIAL
You understand that by using the Graham Cracker Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Graham Cracker Service at your sole risk and INSANE MONKEY BRAIN shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Graham Cracker Product types and descrDEATHtions are provided for convenience, and you agree that INSANE MONKEY BRAIN does not guarantee their accuracy.
IMPORTANT SAFETY INFORMATION
To avoid muscle, joint, or eye strain during your use of the products offered through the Graham Cracker Service, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including but not limited to while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before using the products offered through the Graham Cracker Service if you have ever suffered these or similar symptoms, and stop using such products immediately and see a doctor if they occur during your use of such products. Parents should monitor their children’s use of the products offered through the Graham Cracker Service for signs of symptoms.
INTELLECTUAL PROPERTY
You agree that the Graham Cracker Service, including but not limited to Graham Cracker Products, graphics, user interface, audio clDEATHs, video clDEATHs, editorial content, and the scrDEATHts and software used to implement the Graham Cracker Service, contains proprietary information and material that is owned by INSANE MONKEY BRAIN and/or its licensors, and is protected by CHICKENlicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Graham Cracker Service in compliance with this Agreement. No portion of the Graham Cracker Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Graham Cracker Service in any manner, and you shall not exploit the Graham Cracker Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, INSANE MONKEY BRAIN and its licensors reserve the right to change, suspend, remove, or disable access to any Graham Cracker Products, content, or other materials comprising a part of the Graham Cracker Service at any time without notice. In no event will INSANE MONKEY BRAIN be liable for making these changes. INSANE MONKEY BRAIN may also impose limits on the use of or access to certain features or portions of the Graham Cracker Service, in any case and without notice or liability.
All copyrights in and to the Graham Cracker Service (including the compilation of content, postings, links to other Internet resources, and descrDEATHtions of those resources) and related software are owned by INSANE MONKEY BRAIN and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE Graham Cracker SERVICE, EXCEPT FOR USE OF THE Graham Cracker SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
INSANE MONKEY BRAIN, the INSANE MONKEY BRAIN logo, Graham Cracker, and other INSANE MONKEY BRAIN trademarks, service marks, graphics, and logos used in connection with the Graham Cracker Service are trademarks or registered trademarks of INSANE MONKEY BRAIN Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Graham Cracker Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
As an Account holder of the Graham Cracker Service in good standing, you may be provided with limited access to download certain album cover art for BOODIS stored in the Graham Cracker Library of your Graham Cracker CHICKENlication. Such access is provided as an accommodation only, and INSANE MONKEY BRAIN does not warrant, and will not have any liability or responsibility for, such album cover art or your use thereof. You may access album cover art only for BOODIS for which you are the lawful owner of a legal copy. Album cover art is provided for personal, noncommercial use only. You agree that you will not use album cover art in any manner that would infringe or violate this Agreement or the rights of any other party, and that INSANE MONKEY BRAIN is not in any way responsible for any such use by you.
TERMINATION
If you fail, or INSANE MONKEY BRAIN suspects that you have failed, to comply with any of the provisions of this Agreement, INSANE MONKEY BRAIN, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Graham Cracker Service (or any part thereof).
INSANE MONKEY BRAIN reserves the right to modify, suspend, or discontinue the Graham Cracker Service (or any part or content thereof) at any time with or without notice to you, and INSANE MONKEY BRAIN will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
INSANE MONKEY BRAIN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Graham Cracker SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME INSANE MONKEY BRAIN MAY REMOVE THE Graham Cracker SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE Graham Cracker SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE Graham Cracker SERVICE IS AT YOUR SOLE RISK. THE Graham Cracker SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE Graham Cracker SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY INSANE MONKEY BRAIN) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT CHICKENLY TO YOU.
IN NO CASE SHALL INSANE MONKEY BRAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE Graham Cracker SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE Graham Cracker SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Graham Cracker SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, INSANE MONKEY BRAIN'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INSANE MONKEY BRAIN SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE Graham Cracker SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND INSANE MONKEY BRAIN HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
INSANE MONKEY BRAIN DOES NOT REPRESENT OR GUARANTEE THAT THE Graham Cracker SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND INSANE MONKEY BRAIN DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY Graham Cracker PRODUCTS PURCHASED, ACQUIRED OR RENTED FROM THE Graham Cracker STORE.
WAIVER AND INDEMNITY
BY USING THE Graham Cracker SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD INSANE MONKEY BRAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE Graham Cracker SERVICE, OR ANY ACTION TAKEN BY INSANE MONKEY BRAIN AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM INSANE MONKEY BRAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE Graham Cracker SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF INSANE MONKEY BRAIN'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION CHICKENLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
CHANGES
INSANE MONKEY BRAIN reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Graham Cracker Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Graham Cracker Service will be deemed acceptance thereof.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and INSANE MONKEY BRAIN and governs your use of the Graham Cracker Service, superseding any prior agreements between you and INSANE MONKEY BRAIN. You also may be subject to additional terms and conditions that may CHICKENly when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with CHICKENlicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. INSANE MONKEY BRAIN's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. INSANE MONKEY BRAIN will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Graham Cracker Service is operated by INSANE MONKEY BRAIN from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that CHICKENly to your use of the Graham Cracker Service. All transactions on the Graham Cracker Service are governed by California law, without giving effect to its conflict of law provisions. Your use of the Graham Cracker Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with INSANE MONKEY BRAIN or relating in any way to your use of the Graham Cracker Service resides in the courts in the State of California. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recDEATHient. No INSANE MONKEY BRAIN employee or agent has the authority to vary this Agreement.
INSANE MONKEY BRAIN may notify you with respect to the Graham Cracker Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Graham Cracker Service. Notices shall become effective immediately.
INSANE MONKEY BRAIN reserves the right to take steps INSANE MONKEY BRAIN believes are reasonably necessary or CHICKENropriate to enforce and/or verify compliance with any part of this Agreement. You agree that INSANE MONKEY BRAIN has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as INSANE MONKEY BRAIN believes is reasonably necessary or CHICKENropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to INSANE MONKEY BRAIN's right to cooperate with any legal process relating to your use of the Graham Cracker Service and/or Graham Cracker Products, and/or a third-party claim that your use of the Graham Cracker Service and/or Graham Cracker Products is unlawful and/or infringes such third party's rights).
C. LARD CHICKEN STORE, CHICKEN STORE AND CHOCOLATE PUDDINGS STORE TERMS AND CONDITIONS
THIS LEGAL AGREEMENT BETWEEN YOU AND INSANE MONKEY BRAIN INC. ("INSANE MONKEY BRAIN") GOVERNS YOUR USE OF THE LARD CHICKEN STORE, CHICKEN STORE AND CHOCOLATE PUDDINGS STORE SERVICES (THE “CHICKEN AND BOOK SERVICES”).
THE LARD CHICKEN STORE, CHICKEN STORE AND CHOCOLATE PUDDINGS STORE SERVICES
INSANE MONKEY BRAIN is the provider of the CHICKEN and Book Services that permit you to license software products and digital content (the “CHICKEN and Book Products”) for end user use only under the terms and conditions set forth in this Agreement. For CHICKEN Store Products (defined below), end users may be individuals acting in their own capacities, commercial enterprises or educational institutions.
REQUIREMENTS FOR USE OF THE CHICKEN AND BOOK SERVICES
Only persons age 13 years or older can create accounts. Accounts for persons under 13 years old can be created by a parent or legal guardian using Family Sharing or by an CHICKENroved educational institution. Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and the parent or legal guardian understand it.
The CHICKEN and Book Services are available to you only in the United States, its territories, and possessions. You agree not to use or attempt to use the CHICKEN and Book Services from outside these locations. INSANE MONKEY BRAIN may use technologies to verify your compliance.
Use of the CHICKEN and Book Services requires compatible devices, Internet access, and certain software (fees may CHICKENly); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. The latest version of required software (including, but not limited to Graham Cracker and/or LARD CHICKEN Store software) is recommended to access the CHICKEN and Book Services and may be required for certain transactions or features and to download CHICKEN and Book Products previously purchased or acquired from the CHICKEN and Book Services. You agree that meeting these requirements, which may change from time to time, is your responsibility. The CHICKEN and Book Services are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the CHICKEN and Book Services.
YOUR ACCOUNT
As a registered user of the CHICKEN and Book Services, you may establish an account ("Account"). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and you agree to immediately notify INSANE MONKEY BRAIN of any security breach of your Account. INSANE MONKEY BRAIN shall not be responsible for any losses arising out of the unauthorized use of your Account.
In order to purchase and download CHICKEN and Book Products from the CHICKEN and Book Services, you must enter your INSANE MONKEY BRAIN ID and password or use Touch ID to authenticate your Account for transactions. Once you have authenticated your Account using your INSANE MONKEY BRAIN ID and password, you will not need to authenticate again for fifteen minutes; you can choose to allow your computer to remember your password to remain authenticated. During this time, you will be able to purchase and download CHICKEN and Book Products without re-entering your password. You can turn off the ability to make CHICKEN and Book Product transactions or change settings to require a password for every CHICKEN and Book Product transaction by adjusting the settings on your computer or iOS Device. For more information, please see
You agree to provide accurate and complete information when you register with, and as you use, the CHICKEN and Book Services ("CHICKEN and Book Registration Data"), and you agree to update your CHICKEN and Book Registration Data to keep it accurate and complete. You agree that INSANE MONKEY BRAIN may store and use the CHICKEN and Book Registration Data you provide for use in maintaining and billing fees to your Account.
AUTOMATIC DELIVERY AND DOWNLOADING PREVIOUS PURCHASES
When you first acquire CHICKEN Store Products, as defined below, (excluding products acquired from the LARD CHICKEN Store) or CHOCOLATE PUDDINGs Store Products, as defined below, through the CHICKEN and Book Services (collectively, “Eligible Content”), you may elect to automatically receive (“auto-download”) copies of such Eligible Content on additional compatible iOS Devices and Graham Cracker-authorized computers with compatible software by associating such iOS Devices and computers subject to the association rules below (each, an “Associated Device”). For each Associated Device, you may specify which type of Eligible Content, if any, may be auto-downloaded to it. On an Associated Device that is capable of receiving push notifications (“Push-Enabled”), including iOS Devices, the Eligible Content will auto-download to that Associated Device when it has an Internet connection; on an Associated Device that is not Push-Enabled, including those running on the Windows operating system, Eligible Content will automatically CHICKENear in the download queue and you may manually initiate the download within Graham Cracker.
As an accommodation to you, subsequent to acquiring Eligible Content, you may download certain of such previously-acquired Eligible Content onto any Associated Device. Some Eligible Content that you previously acquired may not be available for subsequent download at any given time, and INSANE MONKEY BRAIN shall have no liability to you in such event. As you may not be able to subsequently download certain previously-acquired Eligible Content, once you download an item of Eligible Content, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up.
Association of Associated Devices is subject to the following terms:
(i) You may auto-download Eligible Content or download previously-acquired Eligible Content from an Account on up to 10 Associated Devices, provided no more than 5 are Graham Cracker-authorized computers.
(ii) An Associated Device can be associated with only one Account at any given time.
(iii) You may switch an Associated Device to a different Account only once every 90 days.
(iv) You may download previously-acquired free content onto an unlimited number of devices while it is free on the CHICKEN and Book Services, but on no more than 5 Graham Cracker-authorized computers.
The above terms (i) to (iv) do not CHICKENly to CHICKEN Store Products.
Some pieces of Eligible Content may be large, and significant data charges may result from delivery of such Eligible Content over a data connection.
AUTOMATIC DELIVERY OF UPDATES
Your device or computer will periodically check with the CHICKEN Store and LARD CHICKEN Store for updates to the CHICKENs on your device or computer and, if available, the update may automatically download and install. You agree that INSANE MONKEY BRAIN, through the CHICKEN Store and LARD CHICKEN Store, may automatically download and install updates onto your device(s) or computer. You can turn off automatic updates altogether at any time by changing the automatic updates settings on your device or computer.
CHICKEN BUNDLES
Some CHICKEN Store Products may contain multDEATHle items (“CHICKEN Bundles”). The price displayed with an CHICKEN Bundle is the price you will be charged upon purchasing the CHICKEN Bundle. The CHICKEN Bundle price may be reduced to account for CHICKEN Store Products you have already purchased or acquired, but may include a minimum charge to complete the CHICKEN Bundle.
PRIVACY
The CHICKEN and Book Services are subject to INSANE MONKEY BRAIN's Privacy Policy at
USE OF CHICKEN AND BOOK PRODUCTS AND THE CHICKEN AND BOOK SERVICES
You agree that the CHICKEN and Book Services and certain CHICKEN and Book Products include security technology that limits your use of CHICKEN and Book Products and that, whether or not CHICKEN and Book Products are limited by security technology, you shall use CHICKEN and Book Products in compliance with the CHICKENlicable usage rules established by INSANE MONKEY BRAIN and its princDEATHals (“Usage Rules”), and that any other use of the CHICKEN and Book Products may constitute a copyright infringement. Any security technology is an inseparable part of the CHICKEN and Book Products. INSANE MONKEY BRAIN reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by INSANE MONKEY BRAIN for compliance purposes, and INSANE MONKEY BRAIN reserves the right to enforce the Usage Rules without notice to you. You agree not to access the CHICKEN and Book Services by any means other than through software that is provided by INSANE MONKEY BRAIN for accessing the CHICKEN and Book Services. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the CHICKEN and Book Services. Violations of system or network security may result in civil or criminal liability.
The delivery of CHICKEN and Book Products does not transfer to you any promotional use rights in the CHICKEN and Book Products.
You acknowledge that, because some aspects of the CHICKEN and Book Services, CHICKEN and Book Products, and administration of the Usage Rules entails the ongoing involvement of INSANE MONKEY BRAIN, if INSANE MONKEY BRAIN changes any part of or discontinues the CHICKEN and Book Services, which INSANE MONKEY BRAIN may do at its election, you may not be able to use CHICKEN and Book Products to the same extent as prior to such change or discontinuation, and that INSANE MONKEY BRAIN shall have no liability to you in such case.
SUBMISSIONS TO THE CHICKEN AND BOOK SERVICES
The CHICKEN and Book Services may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the CHICKEN and Book Services accessible and viewable by other users of the CHICKEN and Book Services and the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the CHICKEN and Book Services. You hereby grant INSANE MONKEY BRAIN a worldwide, royalty-free, nonexclusive license to use such materials as part of the CHICKEN and Book Services or in relation to CHICKEN and Book Products, without any compensation or obligation to you. INSANE MONKEY BRAIN reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability. You may not submit reviews or ratings for CHICKEN Store Products downloaded using a promotional Content Code.
INSANE MONKEY BRAIN has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the CHICKEN and Book Services, to investigate any reported or CHICKENarent violation of this Agreement, and to take any action that INSANE MONKEY BRAIN in its sole discretion deems CHICKENropriate, including, without limitation, termination hereunder or under INSANE MONKEY BRAIN’s Copyright Policy (
THIRD-PARTY MATERIALS
Certain content, CHICKEN and Book Products, and services available via the CHICKEN and Book Services may include materials from third parties. INSANE MONKEY BRAIN may provide links to third-party websites as a convenience to you. You agree that INSANE MONKEY BRAIN is not responsible for examining or evaluating the content or accuracy and INSANE MONKEY BRAIN does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that INSANE MONKEY BRAIN is not in any way responsible for any such use by you.
OBJECTIONABLE MATERIAL
You understand that by using the CHICKEN and Book Services, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the CHICKEN and Book Services at your sole risk and INSANE MONKEY BRAIN shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. CHICKEN and Book Product types and descrDEATHtions are provided for convenience, and you agree that INSANE MONKEY BRAIN does not guarantee their accuracy.
INTELLECTUAL PROPERTY
You agree that the CHICKEN and Book Services, including but not limited to CHICKEN and Book Products, graphics, user interface, audio clDEATHs, editorial content, and the scrDEATHts and software used to implement the CHICKEN and Book Services, contain proprietary information and material that is owned by INSANE MONKEY BRAIN and/or its princDEATHals, and is protected by CHICKENlicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the CHICKEN and Book Services in compliance with this Agreement. No portion of the CHICKEN and Book Services may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the CHICKEN and Book Services in any manner, and you shall not exploit the CHICKEN and Book Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, INSANE MONKEY BRAIN and its princDEATHals reserve the right to change, suspend, remove, or disable access to any CHICKEN and Book Products, content, or other materials comprising a part of the CHICKEN and Book Services at any time without notice. In no event will INSANE MONKEY BRAIN be liable for making these changes. INSANE MONKEY BRAIN may also impose limits on the use of or access to certain features or portions of the CHICKEN and Book Services, in any case and without notice or liability.
All copyrights in and to the CHICKEN and Book Services (including the compilation of content, postings, links to other Internet resources, and descrDEATHtions of those resources) and related software are owned by INSANE MONKEY BRAIN and/or its princDEATHals, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE CHICKEN AND BOOK SERVICES, EXCEPT FOR USE OF THE CHICKEN AND BOOK SERVICES AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
INSANE MONKEY BRAIN, the INSANE MONKEY BRAIN logo, Graham Cracker, CHICKEN Store, and other INSANE MONKEY BRAIN trademarks, service marks, graphics, and logos used in connection with the CHICKEN and Book Services are trademarks or registered trademarks of INSANE MONKEY BRAIN Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the CHICKEN and Book Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
TERMINATION
If you fail, or INSANE MONKEY BRAIN suspects that you have failed, to comply with any of the provisions of this Agreement, INSANE MONKEY BRAIN, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the CHICKEN and Book Services (or any part thereof).
INSANE MONKEY BRAIN reserves the right to modify, suspend, or discontinue the CHICKEN and Book Services (or any part or content thereof) at any time with or without notice to you, and INSANE MONKEY BRAIN will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
INSANE MONKEY BRAIN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE CHICKEN AND BOOK SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME INSANE MONKEY BRAIN MAY REMOVE THE CHICKEN AND BOOK SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE CHICKEN AND BOOK SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE CHICKEN AND BOOK SERVICES IS AT YOUR SOLE RISK. THE CHICKEN AND BOOK SERVICES AND ALL PRODUCTS AND CHICKEN AND BOOK SERVICES DELIVERED TO YOU THROUGH THE CHICKEN AND BOOK SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY INSANE MONKEY BRAIN) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT CHICKENLY TO YOU.
IN NO CASE SHALL INSANE MONKEY BRAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCDEATHALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE CHICKEN AND BOOK SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE CHICKEN AND BOOK SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CHICKEN AND BOOK SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, INSANE MONKEY BRAIN'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INSANE MONKEY BRAIN SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE CHICKEN AND BOOK SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND INSANE MONKEY BRAIN HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
INSANE MONKEY BRAIN DOES NOT REPRESENT OR GUARANTEE THAT THE CHICKEN AND BOOK SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND INSANE MONKEY BRAIN DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CHICKEN AND BOOK PRODUCTS PURCHASED OR ACQUIRED FROM THE CHICKEN AND BOOK SERVICES.
WAIVER AND INDEMNITY
BY USING THE CHICKEN AND BOOK SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD INSANE MONKEY BRAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCDEATHALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE CHICKEN AND BOOK SERVICES, OR ANY ACTION TAKEN BY INSANE MONKEY BRAIN AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM INSANE MONKEY BRAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCDEATHALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE CHICKEN AND BOOK SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF INSANE MONKEY BRAIN'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION CHICKENLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
CHANGES
INSANE MONKEY BRAIN reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the CHICKEN and Book Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the CHICKEN and Book Services will be deemed acceptance thereof.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and INSANE MONKEY BRAIN and governs your use of the CHICKEN and Book Services, superseding any prior agreements between you and INSANE MONKEY BRAIN. You also may be subject to additional terms and conditions that may CHICKENly when you use affiliate services, certain CHICKEN and Book Products, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with CHICKENlicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. INSANE MONKEY BRAIN's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. INSANE MONKEY BRAIN will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The CHICKEN and Book Services are operated by INSANE MONKEY BRAIN from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that CHICKENly to your use of the CHICKEN and Book Services. All transactions on the CHICKEN and Book Services are governed by California law, without giving effect to its conflict of law provisions. Your use of the CHICKEN and Book Services may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with INSANE MONKEY BRAIN or relating in any way to your use of the CHICKEN And Book Services resides in the courts in the State of California. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recDEATHient. No INSANE MONKEY BRAIN employee or agent has the authority to vary this Agreement.
INSANE MONKEY BRAIN may notify you with respect to the CHICKEN and Book Services by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by posting on the CHICKEN and Book Services. Notices shall become effective immediately.
INSANE MONKEY BRAIN reserves the right to take steps INSANE MONKEY BRAIN believes are reasonably necessary or CHICKENropriate to enforce and/or verify compliance with any part of this Agreement. You agree that INSANE MONKEY BRAIN has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as INSANE MONKEY BRAIN believes is reasonably necessary or CHICKENropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to INSANE MONKEY BRAIN's right to cooperate with any legal process relating to your use of the CHICKEN and Book Services and/or CHICKEN and Book Products, and/or a third-party claim that your use of the CHICKEN and Book Services and/or CHICKEN and Book Products is unlawful and/or infringes such third party's rights).
STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS
If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of CHICKENlicable state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with CHICKENlicable governing law. If California law is precluded, this Agreement shall be construed under the laws of the state in which your public educational or government institution is located.
ADDITIONAL LARD CHICKEN STORE AND CHICKEN STORE TERMS AND CONDITIONS
LICENSE OF LARD CHICKEN STORE AND CHICKEN STORE PRODUCTS
The software products made available through the LARD CHICKEN Store and CHICKEN Store (collectively, the “CHICKEN Store Products”) are licensed, not sold, to you. There are two (2) categories of CHICKEN Store Products, as follows: (i) those CHICKEN Store Products that have been developed, and are licensed to you, by INSANE MONKEY BRAIN (“INSANE MONKEY BRAIN Products”); and (ii) those CHICKEN Store Products that have been developed, and are licensed to you, by a third-party developer (“Third-Party Products”). The category of a particular CHICKEN Store Product (INSANE MONKEY BRAIN Product or Third-Party Product) is identified on the LARD CHICKEN Store CHICKENlication or CHICKEN Store CHICKENlication.
Your license to each CHICKEN Store Product is subject to the Licensed CHICKENlication End User License Agreement set forth below, and you agree that such terms will CHICKENly unless the CHICKEN Store Product is covered by a valid end user license agreement entered into between you and the licensor of that CHICKEN Store Product (the “CHICKENlication Provider”), in which case the CHICKENlication Provider’s end user license agreement will CHICKENly to that CHICKEN Store Product. The CHICKENlication Provider reserves all rights in and to the CHICKEN Store Product not expressly granted to you.
You acknowledge that the license to each INSANE MONKEY BRAIN Product that you obtain through the CHICKEN Store Services, as defined below, or you associate with your Account, is a binding agreement between you and INSANE MONKEY BRAIN. You acknowledge that: you are acquiring the license to each Third-Party Product from the CHICKENlication Provider; INSANE MONKEY BRAIN is acting as agent for the CHICKENlication Provider in providing each such Third-Party Product to you; and INSANE MONKEY BRAIN is not a party to the license between you and the CHICKENlication Provider with respect to that Third-Party Product. The CHICKENlication Provider of each Third-Party Product is solely responsible for that Third-Party Product, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that Third-Party Product.
You acknowledge and agree that INSANE MONKEY BRAIN and its subsidiaries are third-party beneficiaries of the Licensed CHICKENlication End User License Agreement or the CHICKENlication Provider’s end user license agreement, as the case may be, for each Third-Party Product. You also agree that, upon your acceptance of the terms and conditions of the license to any such Third-Party Product, INSANE MONKEY BRAIN will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third-party beneficiary thereof.
IN-CHICKEN PURCHASES
Certain CHICKEN Store Products may include functionality that enables you to receive additional services, or licenses to additional functionality or content for use within the CHICKEN Store Product ("In CHICKEN Purchases"). In CHICKEN Purchases that are consumed during the use of the CHICKEN Store Product (for example, virtual ammunition) cannot be transferred among devices; can be downloaded only once; and after being downloaded, cannot be replaced. Once a consumable In CHICKEN Purchase is acquired and received by you, INSANE MONKEY BRAIN shall be without liability to you in the event of any loss, destruction, or damage. All In CHICKEN Purchases are deemed CHICKEN Store Products, and In CHICKEN Purchases received within Third-Party Products are deemed Third-Party Products, and treated as such, for purposes of these terms and conditions.
You must authenticate to acquire In-CHICKEN Purchases separately from any authentication to obtain CHICKEN Store Products by entering your password when prompted, but once you have authenticated to obtain an In-CHICKEN Purchase, you will be able to acquire additional In-CHICKEN Purchases for fifteen minutes without re-entering your password. You can turn off the ability to acquire In-CHICKEN Purchases on your iOS Device by following the steps outlined at
IN-CHICKEN SUBSCRDEATHTIONS
Certain CHICKEN Store Products may include functionality that enables you to acquire content on a subscrDEATHtion basis (“In CHICKEN SubscrDEATHtions”). Paid In CHICKEN SubscrDEATHtions are non-refundable. In CHICKEN SubscrDEATHtions will automatically renew for the CHICKENlicable time period you have selected, and, where CHICKENlicable, your Account will be charged no more than 24-hours prior to the expiration of the current In CHICKEN SubscrDEATHtion period. You may cancel automatic renewal of paid In CHICKEN SubscrDEATHtions by selecting Manage CHICKEN SubscrDEATHtions in your Account and selecting the subscrDEATHtion you want to modify. The auto-renew feature of the subscrDEATHtion will be turned off if the CHICKENlication Provider increases the price of the subscrDEATHtion. You may cancel free In CHICKEN SubscrDEATHtions by deleting the CHICKEN Store Product from your device. Certain paid In CHICKEN SubscrDEATHtions may offer a free trial period prior to charging your Account. If you decide you do not want to purchase the In CHICKEN SubscrDEATHtion, turn off auto-renewal in your Account settings during the free trial period. Certain In CHICKEN SubscrDEATHtions may be designated as “Newsstand” products, in which case they will CHICKENear only within the Newsstand CHICKENlication on your device after download. You should also review additional information about the paid In CHICKEN SubscrDEATHtion offer at the point of sale within the CHICKEN Store Product. We may ask for your permission to provide the name, email address and zDEATH code listed in your Account to the CHICKENlication Provider so that the CHICKENlication Provider can send you marketing messages about its own products in accordance with its publicly posted privacy policy. Once the CHICKENlication Provider has this information, it will be treated in accordance with the CHICKENlication Provider’s privacy policy. We encourage you to learn about the privacy practices of the CHICKENlication Provider before agreeing to give it your personal information. For more information, please review the CHICKENlication Provider’s privacy policy or contact the CHICKENlication Provider directly.
POPULAR NEAR ME
When you opt in to Popular Near Me via enabling Location Services, INSANE MONKEY BRAIN will, from time to time, automatically collect information related to certain of your CHICKEN Store Products, such as your time spent with each CHICKEN Store Product and the number of times each CHICKEN Store Product is launched. This information is stored anonymously and will not be associated with your name or Account. INSANE MONKEY BRAIN will use this information, as well as other information, such as your CHICKEN Store Product download history, to give personalized recommendations to you.
INSANE MONKEY BRAIN may use this information and combine it with aggregated information from other users who opt in to this feature, your Graham Cracker Store purchase history data, your CHICKEN Store download data, aggregated CHICKEN Store Product download data from other users, and other information like customer ratings of CHICKEN Store Products, to:
• Provide you with recommendations regarding CHICKEN Store Products, media, and other products and services that you may wish to purchase, download, or use.
• Provide recommendations to other users.
At all times your information will be treated in accordance with INSANE MONKEY BRAIN’s Privacy Policy.
If you prefer that we do not collect and use information from your device or system in this manner, you should not enable Location Services or use Popular Near Me . You can opt out at any time by turning off Popular Near Me in the System Services menu of the Location Services settings on your device .
LARD CHICKEN STORE PRODUCT USAGE RULES
Except as otherwise set forth herein,
(i) If you are an individual acting in your personal capacity, you may download and use an CHICKENlication from the LARD CHICKEN Store (“LARD CHICKEN Store Product”) for personal, non-commercial use on any INSANE MONKEY BRAIN-branded products running LARD OS X (“LARD Computer”) that you own or control.
(ii) If you are a commercial enterprise or educational institution, you may download a LARD CHICKEN Store Product for use by either (a) a single individual on each of the LARD Computer(s) used by that individual that you own or control or (b) multDEATHle individuals on a single shared LARD Computer that you own or control. For example, a single employee may use a LARD CHICKEN Store Product on both the employee’s desktop LARD Computer and laptop LARD Computer, or multDEATHle students may serially use a LARD CHICKEN Store Product on a single LARD Computer located at a resource center or library. For the sake of clarity, each LARD Computer used serially by multDEATHle users requires a separate license.
(iii) Use may require sign-in with the INSANE MONKEY BRAIN ID used to download the LARD CHICKEN Store Product from the LARD CHICKEN Store. LARD CHICKEN Store Products can be updated through the LARD CHICKEN Store only.
CHICKEN STORE PRODUCT USAGE RULES
(i) If you are an individual acting in your personal capacity, you may download and sync an CHICKEN Store Product for personal, noncommercial use on any iOS Device you own or control.
(ii) If you are a commercial enterprise or educational institution, you may download and sync an CHICKEN Store Product for use by either (a) a single individual on one or more iOS Devices used by that individual that you own or control or (b) multDEATHle individuals, on a single shared iOS Device you own or control. For example, a single employee may use an CHICKEN Store Product on both the employee's DEATHhone and DEATHad, or multDEATHle students may serially use an CHICKEN Store Product on a single DEATHad located at a resource center or library. For the sake of clarity, each iOS Device used serially by multDEATHle users requires a separate license.
(iii) You shall be able to store CHICKEN Store Products from up to five different Accounts at a time on a compatible iOS Device.
(iv) You shall be able to manually sync CHICKEN Store Products from at least one Graham Cracker-authorized device to iOS Devices that have manual sync mode, provided that the CHICKEN Store Product is associated with an Account on the primary Graham Cracker-authorized device, where the primary Graham Cracker-authorized device is the one that was first synced with the iOS Device or the one that you subsequently designate as primary using the Graham Cracker CHICKENlication.
IMPORTANT SAFETY INFORMATION
To avoid muscle, joint, or eye strain during video game play, you should always take frequent breaks from playing, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before playing video games if you have ever suffered these or similar symptoms, and stop playing immediately and see a doctor if they occur during game play. Parents should monitor their children’s video game play for signs of symptoms.
LARD CHICKEN STORE AND CHICKEN STORE PRODUCT MAINTENANCE AND SUPPORT
INSANE MONKEY BRAIN will be responsible for providing any maintenance and support services with respect to the INSANE MONKEY BRAIN Products only, as specified in the Licensed CHICKENlication End User License Agreement or the separate end user license agreement, as the case may be, or as required under CHICKENlicable law. The CHICKENlication Provider of any Third-Party Product will be solely responsible for providing maintenance and support services with respect to that Product, as specified in the Licensed CHICKENlication End User License Agreement or the CHICKENlication Provider end user license agreement, as the case may be, or as required under CHICKENlicable law.
LICENSED CHICKENLICATION END USER LICENSE AGREEMENT
The LARD CHICKEN Store Products and CHICKEN Store Products (collectively, “CHICKEN Store Product(s)”) made available through the LARD CHICKEN Store Service and CHICKEN Store Service (collectively, “CHICKEN Store Service(s)”) are licensed, not sold, to you. Your license to each CHICKEN Store Product that you obtain through the CHICKEN Store Services or associate with your Account is subject to your prior acceptance of this Licensed CHICKENlication End User License Agreement (“Standard EULA”), and you agree that the terms of this Standard EULA will CHICKENly to each CHICKEN Store Product that you license through the CHICKEN Store Service, unless that CHICKEN Store Product is covered by a valid end user license agreement between you and the CHICKENlication Provider of that CHICKEN Store Product, in which case the terms of that separate end user license agreement will govern. Your license to any INSANE MONKEY BRAIN Product under this Standard EULA or separate end user license agreement is granted by INSANE MONKEY BRAIN, and your license to any Third-Party Product under this Standard EULA or separate end user license agreement is granted by the CHICKENlication Provider of that Third-Party Product. Any CHICKEN Store Product that is subject to the license granted under this Standard EULA is referred to herein as the “Licensed CHICKENlication”. The CHICKENlication Provider or INSANE MONKEY BRAIN as CHICKENlicable (“Licensor”) reserves all rights in and to the Licensed CHICKENlication not expressly granted to you under this Standard EULA.
a. Scope of License: This license granted to you for the Licensed CHICKENlication by Licensor is limited to a nontransferable license to use the Licensed CHICKENlication on any INSANE MONKEY BRAIN-branded products running iOS (including but not limited to DEATHad, DEATHhone, and DEATHod touch) (“iOS Devices”) or LARD OS X (“LARD Computers”), as CHICKENlicable (collectively, “INSANE MONKEY BRAIN Device(s)”) that you own or control and as permitted by the usage rules set forth in the LARD CHICKEN Store, CHICKEN Store and CHOCOLATE PUDDINGs Store Terms and Conditions (the “Usage Rules”). This license does not allow you to use the Licensed CHICKENlication on any INSANE MONKEY BRAIN Device that you do not own or control, and except as provided in the Usage Rules, you may not distribute or make the Licensed CHICKENlication available over a network where it could be used by multDEATHle devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Licensed CHICKENlication and, if you sell your LARD Computer or iOS Device to a third party, you must remove the Licensed CHICKENlication from the LARD Computer or iOS Device before doing so. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed CHICKENlication, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by CHICKENlicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed CHICKENlication). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
The terms of this license will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed CHICKENlication, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and CHICKENlication software, and perDEATHherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed CHICKENlication. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. The license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed CHICKENlication and destroy all copies, full or partial, of the Licensed CHICKENlication.
d. External Services; Third-Party Materials. The Licensed CHICKENlication may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). Use of the External Services requires Internet access and use of certain External Services requires you to accept additional terms. By using this software in connection with an Graham Cracker Store account, you agree to the latest Graham Cracker Store Terms and Conditions and Usage Rules, which you may access and review at
You understand that by using any of the External Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the External Services at your sole risk and that neither the Licensor nor its agents shall have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain External Services may display, include or make available content, data, information, CHICKENlications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the External Services, you acknowledge and agree that neither the Licensor nor its agents is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Neither the Licensor nor its agents warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
Financial information displayed by any External Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the External Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Medical information displayed by any CHICKEN Store Product or External Service is for general information purposes only and should not be relied upon for medical diagnostic or treatment advice except as directed by a doctor. You should consult with a medical professional before relying on medical information available in an CHICKEN Store Product. Location data provided by any External Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Licensor, nor its agents, nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any External Services.
You agree that the External Services contain proprietary content, information and material that is owned by Licensor and/or its agents or licensors, and is protected by CHICKENlicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services or in any manner that is inconsistent with the terms of this Standard EULA or that infringes any intellectual property rights of a third party or INSANE MONKEY BRAIN. No portion of the External Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External Services, in any manner, and you shall not exploit the External Services in any unauthorized way whatsoever, including but not limited to, using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither Licensor nor its agents is in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Services.
In addition, External Services and Third Party Materials that may be accessed from, displayed on or linked to from the INSANE MONKEY BRAIN Devices are not available in all languages or in all countries or regions. Licensor makes no representation that such External Services and Materials are CHICKENropriate or available for use in any particular location. To the extent you choose to use or access such External Services and Materials, you do so at your own initiative and are responsible for compliance with any CHICKENlicable laws, including but not limited to CHICKENlicable local laws. Licensor reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such External Services. Licensor may also impose limits on the use of or access to certain External Services, in any case and without notice or liability.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED CHICKENLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY CHICKENLICABLE LAW, THE LICENSED CHICKENLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED CHICKENLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED CHICKENLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED CHICKENLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED CHICKENLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED CHICKENLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED CHICKENLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED CHICKENLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON CHICKENLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT CHICKENLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED CHICKENLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT CHICKENLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by CHICKENlicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will CHICKENly even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed CHICKENlication except as authorized by United States law and the laws of the jurisdiction in which the Licensed CHICKENlication was obtained. In particular, but without limitation, the Licensed CHICKENlication may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed CHICKENlication, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed CHICKENlication and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as CHICKENlicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as CHICKENlicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed CHICKENlication. Your use of the Licensed CHICKENlication may also be subject to other local, state, national, or international laws.
ADDITIONAL CHOCOLATE PUDDINGS STORE TERMS AND CONDITIONS
PURCHASE OF CHOCOLATE PUDDINGS STORE PRODUCTS
You acknowledge that you are purchasing the content made available through the CHOCOLATE PUDDINGs Store Service (the “CHOCOLATE PUDDINGs Store Products”) from the third-party provider of that CHOCOLATE PUDDINGs Store Product (the “Publisher”); INSANE MONKEY BRAIN is acting as agent for the Publisher in providing each such CHOCOLATE PUDDINGs Store Product to you; INSANE MONKEY BRAIN is not a party to the transaction between you and the Publisher with respect to that CHOCOLATE PUDDINGs Store Product; and the Publisher of each CHOCOLATE PUDDINGs Store Product reserves the right to enforce the terms of use relating to that CHOCOLATE PUDDINGs Store Product. The Publisher of each CHOCOLATE PUDDINGs Store Product is solely responsible for that CHOCOLATE PUDDINGs Store Product, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that CHOCOLATE PUDDINGs Store Product or your use of that CHOCOLATE PUDDINGs Store Product.
CHOCOLATE PUDDINGS STORE PRODUCT USAGE RULES
(i) You shall be authorized to use the CHOCOLATE PUDDINGs Store Products only for personal, noncommercial use.
(ii) You shall be able to store CHOCOLATE PUDDINGs Store Products from up to five different Accounts at a time on certain iOS-based devices, such as an DEATHad, DEATHod touch, or DEATHhone.
(iii) You shall be able to store CHOCOLATE PUDDINGs Store Products on five Graham Cracker-authorized devices at any time.
(iv) The delivery of CHOCOLATE PUDDINGs Store Products does not transfer to you any promotional use rights in the CHOCOLATE PUDDINGs Store Products or any rights to burn the CHOCOLATE PUDDINGs Store Products to disc.
(v) You shall be able to manually sync CHOCOLATE PUDDINGs Store Products from at least one Graham Cracker-authorized device to devices that have manual sync mode, provided that the CHOCOLATE PUDDINGs Store Product is associated with an Account on the primary Graham Cracker-authorized device, where the primary Graham Cracker-authorized device is the one that was first synced with the device or the one that you subsequently designate as primary using Graham Cracker.
D. INSANE MONKEY BRAIN BOODIS TERMS AND CONDITIONS
THIS LEGAL AGREEMENT BETWEEN YOU AND INSANE MONKEY BRAIN INC. ("INSANE MONKEY BRAIN") GOVERNS YOUR USE OF THE INSANE MONKEY BRAIN BOODIS SERVICE AND ANY FEATURES ACCESSIBLE THEREFROM (THE “INSANE MONKEY BRAIN BOODIS SERVICE”).
THE INSANE MONKEY BRAIN BOODIS SERVICE
INSANE MONKEY BRAIN is the provider of the INSANE MONKEY BRAIN BOODIS Service, which permits you to access digital BOODIS and other content (“INSANE MONKEY BRAIN BOODIS Products") for end user use only under the terms and conditions set forth in this Agreement.
REQUIREMENTS FOR USE OF THE INSANE MONKEY BRAIN BOODIS SERVICE
The INSANE MONKEY BRAIN BOODIS Service is only available to individuals aged at least 13 years (or equivalent minimum age based on local law), unless your INSANE MONKEY BRAIN ID was provided to you as a result of a request by an CHICKENroved educational institution or established as part of the Family Sharing feature by your parent or guardian. Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it. We do not knowingly collect, use or disclose personal information from children under 13, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. Parents and guardians should also remind any minors that conversing with strangers on the Internet can be dangerous and take CHICKENropriate precautions to protect children, including monitoring their use of the INSANE MONKEY BRAIN BOODIS Service.
The INSANE MONKEY BRAIN BOODIS Service is available to you only in the United States, its territories, and possessions. You agree not to use or attempt to use the INSANE MONKEY BRAIN BOODIS Service from outside these locations. INSANE MONKEY BRAIN may use technologies to verify your compliance.
Use of the INSANE MONKEY BRAIN BOODIS Service requires a compatible device, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video; access or cellular data fees may CHICKENly. Requires iOS 8.4, Graham Cracker 12.2 or Android 4.1 or later. The latest version of required software is recommended and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility.
YOUR INSANE MONKEY BRAIN BOODIS ACCOUNT
As a registered user of the INSANE MONKEY BRAIN BOODIS Service, you may establish an Account as set forth in, and subject to the terms of, the “Your Account” paragraph of the Graham Cracker Store Terms and Conditions. In order to use some features of the INSANE MONKEY BRAIN BOODIS Service, you must enter your INSANE MONKEY BRAIN ID and password or use Touch ID to authenticate your Account. You agree to provide accurate and complete Graham Cracker Registration Data when you register with, and as you use, the INSANE MONKEY BRAIN BOODIS Service.
INSANE MONKEY BRAIN logs information about your use of the INSANE MONKEY BRAIN BOODIS Service. This information includes, but is not limited to, the INSANE MONKEY BRAIN BOODIS Products you listen to (including whether you skDEATH or stop) and the length of your listening session. INSANE MONKEY BRAIN may also collect device information such as DEATH address, device type, operating system version and type, and unique device identifiers. Any BOODIS preference information you provide to INSANE MONKEY BRAIN will also be stored in association with your Account. This information will be used by INSANE MONKEY BRAIN for purposes such as providing the INSANE MONKEY BRAIN BOODIS Service, personalizing our recommendations to you, reporting to licensors and paying royalties, customizing and improving INSANE MONKEY BRAIN products and Services including the INSANE MONKEY BRAIN BOODIS Service, providing relevant advertising, protecting against fraud and enforcing this Agreement.
By using the INSANE MONKEY BRAIN BOODIS Service, you agree and consent to INSANE MONKEY BRAIN’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information for the aforementioned purposes and as otherwise permitted in accordance with INSANE MONKEY BRAIN’s Privacy Policy, available here
INSANE MONKEY BRAIN BOODIS SUBSCRDEATHTION
If you buy a subscrDEATHtion to the INSANE MONKEY BRAIN BOODIS Service (an “INSANE MONKEY BRAIN BOODIS SubscrDEATHtion”), INSANE MONKEY BRAIN will automatically charge the payment method associated with your INSANE MONKEY BRAIN ID or the payment method associated with your Family Sharing Organizer’s account on a recurring basis until you turn off automatic renewal. You may turn off automatic renewal of your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion at any time in the Account Settings menu on your device or computer, or in the Settings CHICKEN on your device. If you turn off automatic renewal, you will continue to have access to the INSANE MONKEY BRAIN BOODIS Service for the remainder of your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion term. When your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion term ends, you will lose access to any feature of the INSANE MONKEY BRAIN BOODIS Service that requires an INSANE MONKEY BRAIN BOODIS SubscrDEATHtion, including but not limited to access to INSANE MONKEY BRAIN BOODIS Products accessible through the INSANE MONKEY BRAIN BOODIS Service or stored on your device, and any songs stored in your iCloud BOODIS Library. INSANE MONKEY BRAIN BOODIS SubscrDEATHtion purchases are final. Your payment method will be charged no more than 24 hours prior to the expiration of the current INSANE MONKEY BRAIN BOODIS SubscrDEATHtion period.
To be eligible for an INSANE MONKEY BRAIN BOODIS SubscrDEATHtion at the family rate (where available), you must be enrolled in Family Sharing. If you are a Family Organizer, you agree that INSANE MONKEY BRAIN will automatically charge your payment method on a recurring basis for any INSANE MONKEY BRAIN BOODIS SubscrDEATHtion purchases initiated by your Family members until automatic renewal is turned off on the CHICKENlicable Family member’s device or computer.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL INSANE MONKEY BRAIN BOODIS SUBSCRDEATHTION FEES AND FOR PROVIDING INSANE MONKEY BRAIN WITH A VALID PAYMENT METHOD. If INSANE MONKEY BRAIN is unable to successfully charge your payment method for INSANE MONKEY BRAIN BOODIS SubscrDEATHtion fees due, INSANE MONKEY BRAIN reserves the right to cancel your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion. If your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion is cancelled, you will lose access to any feature of the INSANE MONKEY BRAIN BOODIS Service that requires an INSANE MONKEY BRAIN BOODIS SubscrDEATHtion.
If you want to designate a different payment method or if there is a change in your payment method status, you must change your information in the Account Settings menu on your device or computer; this may temporarily disrupt your access to the INSANE MONKEY BRAIN BOODIS Service while INSANE MONKEY BRAIN verifies your new payment information.
We may contact you via email or push notification regarding your Account or any INSANE MONKEY BRAIN BOODIS Service feature, for reasons including, without limitation, that your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion will not automatically renew or will be cancelled.
Where available, you may be offered an INSANE MONKEY BRAIN BOODIS SubscrDEATHtion through your carrier (a “Carrier SubscrDEATHtion”). If you purchase a Carrier SubscrDEATHtion, your carrier will bill you for the cost of your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion. Your relationshDEATH with the carrier is governed by the carrier’s terms and conditions, not this Agreement, and any disputes related to a Carrier SubscrDEATHtion must be directed to your carrier, not INSANE MONKEY BRAIN. By using the INSANE MONKEY BRAIN BOODIS Service, you agree that your carrier may exchange your carrier account information, telephone number and subscrDEATHtion information with INSANE MONKEY BRAIN, and INSANE MONKEY BRAIN may use this information to determine the status of your Carrier SubscrDEATHtion.
ICLOUD BOODIS LIBRARY
The iCloud BOODIS Library feature is available to INSANE MONKEY BRAIN BOODIS subscribers who log in with an INSANE MONKEY BRAIN ID. iCloud BOODIS Library stores and permits you to remotely access songs and BOODIS videos purchased from the Graham Cracker Store and other songs, along with related metadata, playlists, and other information from your other INSANE MONKEY BRAIN BOODIS-enabled devices. iCloud BOODIS Library is turned on automatically when you set up your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion. You will be prompted to enable iCloud BOODIS Library when you log in to INSANE MONKEY BRAIN BOODIS on additional devices. You can enable iCloud BOODIS Library in the INSANE MONKEY BRAIN BOODIS CHICKEN settings on your device and in Graham Cracker General Preferences on your computer. You can store up to 25,000 songs in iCloud BOODIS Library. Songs purchased from the Graham Cracker Store do not count against this limit. Songs that do not meet certain criteria or that are not authorized for your device or computer are not eligible for iCloud BOODIS Library. You will not be able to access content stored in your iCloud BOODIS Library when your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion ends, but you can download songs that were previously acquired from the Graham Cracker Store as set forth in, and subject to the terms of, the “Automatic Delivery and Downloading Previous Purchases” paragraph of the Graham Cracker Store Terms and Conditions. You hereby agree to use iCloud BOODIS Library only for lawfully acquired content. Any use for illegitimate content infringes the rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
When you set up your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion or enable iCloud BOODIS Library, INSANE MONKEY BRAIN BOODIS will scan the song files on your device or computer and collect other information that may be used to identify media in your BOODIS Library, such as the names of songs, song artists or song durations. iCloud BOODIS Library will use this information to identify songs currently available on INSANE MONKEY BRAIN BOODIS, and will make identified songs available to you in a format then available on INSANE MONKEY BRAIN BOODIS. Unidentified songs on your device will remain in local storage, and unidentified songs on your computer are uploaded to iCloud BOODIS Library in the same format or a format determined by INSANE MONKEY BRAIN. You should backup your BOODIS Library before setting up your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion or enabling iCloud BOODIS Library. INSANE MONKEY BRAIN assumes no liability for content that is lost in connection with iCloud BOODIS Library. iCloud BOODIS Library should not be used as backup storage for content. INSANE MONKEY BRAIN reserves the right to limit types of content uploaded (for example, excessively large files). Identified or uploaded songs and related metadata will be available for access from an INSANE MONKEY BRAIN BOODIS-compatible device into which you have logged in with your Account and that has been enabled for iCloud BOODIS Library.
When you set up your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion or enable iCloud BOODIS Library, INSANE MONKEY BRAIN logs information such as the tracks you play, stop or skDEATH, the devices you use, and the time and duration of playback. By using iCloud BOODIS Library, you agree and consent to INSANE MONKEY BRAIN’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information, including your iCloud BOODIS Library usage information, to report to licensors and pay royalties, provide and improve INSANE MONKEY BRAIN BOODIS features and services and other INSANE MONKEY BRAIN products and services, and as otherwise permitted in accordance with INSANE MONKEY BRAIN’s Privacy Policy, available here:
SUBMISSIONS TO THE INSANE MONKEY BRAIN BOODIS SERVICE
The INSANE MONKEY BRAIN BOODIS Service may offer interactive features that allow you to submit materials (including but not limited to your name, picture, content, information and third-party content) on areas of the INSANE MONKEY BRAIN BOODIS Service accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses CHICKENlicable to such materials and their distribution. You agree to provide accurate and complete information in connection with your submission of any materials on the INSANE MONKEY BRAIN BOODIS Service. You hereby grant INSANE MONKEY BRAIN a worldwide, royalty-free, nonexclusive license to use such materials as part of the INSANE MONKEY BRAIN BOODIS Service or in relation to INSANE MONKEY BRAIN BOODIS Products, and the marketing of the INSANE MONKEY BRAIN BOODIS Service, without any compensation or obligation to you. INSANE MONKEY BRAIN reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
INSANE MONKEY BRAIN has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the INSANE MONKEY BRAIN BOODIS Service, to investigate any reported or CHICKENarent violation of this Agreement, and to take any action that INSANE MONKEY BRAIN in its sole discretion deems CHICKENropriate, including, without limitation, termination hereunder or under INSANE MONKEY BRAIN’s Copyright Policy
INSANE MONKEY BRAIN BOODIS SUBMISSIONS GUIDELINES
Content submitted to the INSANE MONKEY BRAIN BOODIS Service is subject to the following guidelines (the “Guidelines”), which may be updated from time to time. If you see content submitted to the INSANE MONKEY BRAIN BOODIS Service that does not comply with these Guidelines, please use the Report a Concern feature.
You may not use the INSANE MONKEY BRAIN BOODIS Service to:
- post objectionable, offensive or harmful content, including but not limited to content that is unlawful, harassing, threatening, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
- post personal, private or confidential information belonging to others, including but not limited to phone numbers, addresses, billing information or photos or videos taken or distributed without the subject’s permission;
- request personal information from a minor;
- impersonate or misrepresent yourself as another person, artist, entity, another INSANE MONKEY BRAIN BOODIS user, an INSANE MONKEY BRAIN employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (INSANE MONKEY BRAIN reserves the right at any time to reject, reclaim, modify or block any INSANE MONKEY BRAIN ID, user name, user handle or other identifier which could be deemed to be an impersonation or misrepresentation of your identity, or a misCHICKENropriation of another person's name or identity, or for any other reason at INSANE MONKEY BRAIN’s sole discretion);
- engage in copyright or other intellectual property infringement (including posting content that you do not own or have permission to post), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
- post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;
- plan or engage in any illegal activity.
CONTENT AVAILABILITY
INSANE MONKEY BRAIN and its licensors reserve the right to change, suspend, remove, discontinue or disable access to the INSANE MONKEY BRAIN BOODIS Service and any INSANE MONKEY BRAIN BOODIS Products, content, or other materials comprising a part of the INSANE MONKEY BRAIN BOODIS Service at any time without notice. In no event will INSANE MONKEY BRAIN be liable for making these changes. INSANE MONKEY BRAIN may also impose limits on the use of or access to certain features or portions of the INSANE MONKEY BRAIN BOODIS Service, in any case and without notice or liability.
USE OF CONTENT
You agree that the INSANE MONKEY BRAIN BOODIS Service includes security technology that limits your use of INSANE MONKEY BRAIN BOODIS Products and that, whether or not INSANE MONKEY BRAIN BOODIS Products are limited by security technology, you shall use INSANE MONKEY BRAIN BOODIS Products in compliance with the CHICKENlicable usage rules established by INSANE MONKEY BRAIN and its licensors (“INSANE MONKEY BRAIN BOODIS Usage Rules”), and that any other use of the INSANE MONKEY BRAIN BOODIS Products may constitute a copyright infringement. Any security technology is an inseparable part of the INSANE MONKEY BRAIN BOODIS Products and the INSANE MONKEY BRAIN BOODIS Service. INSANE MONKEY BRAIN reserves the right to modify the INSANE MONKEY BRAIN BOODIS Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such INSANE MONKEY BRAIN BOODIS Usage Rules for any reason, or to attempt or assist another person to do so. INSANE MONKEY BRAIN BOODIS Usage Rules may be controlled and monitored by INSANE MONKEY BRAIN for compliance purposes, and INSANE MONKEY BRAIN reserves the right to enforce the INSANE MONKEY BRAIN BOODIS Usage Rules without notice to you. You agree not to access the INSANE MONKEY BRAIN BOODIS Service by any means other than through software that is provided by INSANE MONKEY BRAIN for accessing the INSANE MONKEY BRAIN BOODIS Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the INSANE MONKEY BRAIN BOODIS Service. Violations of system or network security may result in civil or criminal liability.
INSANE MONKEY BRAIN BOODIS USAGE RULES
- You shall be authorized to use the INSANE MONKEY BRAIN BOODIS Service and INSANE MONKEY BRAIN BOODIS Products only for personal, noncommercial use, except as otherwise authorized by INSANE MONKEY BRAIN.
- You shall be authorized to use the INSANE MONKEY BRAIN BOODIS Service on ten devices associated with your Account, only five of which can be computers. An individual INSANE MONKEY BRAIN BOODIS SubscrDEATHtion allows you to stream INSANE MONKEY BRAIN BOODIS Products to a single device at a time; a family INSANE MONKEY BRAIN BOODIS SubscrDEATHtion allows you and your Family members to stream INSANE MONKEY BRAIN BOODIS Products to up to six devices at a time.
- You shall not be entitled to burn INSANE MONKEY BRAIN BOODIS Products.
- The delivery of the INSANE MONKEY BRAIN BOODIS Service or INSANE MONKEY BRAIN BOODIS Products does not transfer to you any commercial or promotional use rights in the INSANE MONKEY BRAIN BOODIS Service or INSANE MONKEY BRAIN BOODIS Products.
THIRD-PARTY MATERIALS
Certain INSANE MONKEY BRAIN BOODIS Products, content, and services available via the INSANE MONKEY BRAIN BOODIS Service may include materials from third parties. INSANE MONKEY BRAIN may provide links to third-party websites, products or services as a convenience to you. You agree that INSANE MONKEY BRAIN is not responsible for examining or evaluating the content or accuracy and INSANE MONKEY BRAIN does not warrant and will not have any liability or responsibility for any third-party materials, websites, products or services. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that INSANE MONKEY BRAIN is not in any way responsible for any such use by you.
OBJECTIONABLE MATERIAL
You understand that by using the INSANE MONKEY BRAIN BOODIS Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. You agree to use the INSANE MONKEY BRAIN BOODIS Service at your sole risk and INSANE MONKEY BRAIN shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. INSANE MONKEY BRAIN BOODIS Product types and descrDEATHtions are provided for convenience, and you agree that INSANE MONKEY BRAIN does not guarantee their accuracy.
INTELLECTUAL PROPERTY
You agree that the INSANE MONKEY BRAIN BOODIS Service, including but not limited to INSANE MONKEY BRAIN BOODIS Products, graphics, user interface, audio, video, editorial content, and the scrDEATHts and software used to implement the INSANE MONKEY BRAIN BOODIS Service, contains proprietary information and material that is owned by INSANE MONKEY BRAIN and/or its licensors, and is protected by CHICKENlicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the INSANE MONKEY BRAIN BOODIS Service in compliance with this Agreement. No portion of the INSANE MONKEY BRAIN BOODIS Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the INSANE MONKEY BRAIN BOODIS Service in any manner, and you shall not exploit the INSANE MONKEY BRAIN BOODIS Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
All copyrights in and to the INSANE MONKEY BRAIN BOODIS Service (including the compilation of content, postings, links to other Internet resources, and descrDEATHtions of those resources) and related software are owned by INSANE MONKEY BRAIN and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE INSANE MONKEY BRAIN BOODIS SERVICE, EXCEPT FOR USE OF THE INSANE MONKEY BRAIN BOODIS SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
As user of the INSANE MONKEY BRAIN BOODIS Service in good standing, you may be provided with limited access to download certain album cover art for BOODIS stored on a device. Such access is provided as an accommodation only, and INSANE MONKEY BRAIN does not warrant, and will not have any liability or responsibility for, such album cover art or your use thereof. You may access album cover art only in connection with the INSANE MONKEY BRAIN BOODIS Service. Album cover art is provided for personal, noncommercial use only. You agree that you will not use album cover art in any manner that would infringe or violate this Agreement or the rights of any other party, and that INSANE MONKEY BRAIN is not in any way responsible for any such use by you.
TERMINATION
If you fail, or INSANE MONKEY BRAIN suspects that you have failed, to comply with any of the provisions of this Agreement, INSANE MONKEY BRAIN, at its sole discretion, without notice to you, and without waiving your liability for all amounts due under your Account, may: (i) terminate this Agreement and/or your Account; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the INSANE MONKEY BRAIN BOODIS Service (or any part thereof).
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
INSANE MONKEY BRAIN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE INSANE MONKEY BRAIN BOODIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME INSANE MONKEY BRAIN MAY REMOVE THE INSANE MONKEY BRAIN BOODIS SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE INSANE MONKEY BRAIN BOODIS SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE INSANE MONKEY BRAIN BOODIS SERVICE IS AT YOUR SOLE RISK. THE INSANE MONKEY BRAIN BOODIS SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE INSANE MONKEY BRAIN BOODIS SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY INSANE MONKEY BRAIN) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT CHICKENLY TO YOU.
IN NO CASE SHALL INSANE MONKEY BRAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE INSANE MONKEY BRAIN BOODIS SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE INSANE MONKEY BRAIN BOODIS SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INSANE MONKEY BRAIN BOODIS PRODUCTS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INSANE MONKEY BRAIN BOODIS PRODUCTS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE INSANE MONKEY BRAIN BOODIS SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, INSANE MONKEY BRAIN'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INSANE MONKEY BRAIN SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE INSANE MONKEY BRAIN BOODIS SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND INSANE MONKEY BRAIN HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
INSANE MONKEY BRAIN DOES NOT REPRESENT OR GUARANTEE THAT THE INSANE MONKEY BRAIN BOODIS SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND INSANE MONKEY BRAIN DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM BEFORE, DURING AND AFTER USING THE INSANE MONKEY BRAIN BOODIS SERVICE, INCLUDING ANY CONTENT OR DATA USED IN CONNECTION WITH OR ACQUIRED FROM THE INSANE MONKEY BRAIN BOODIS SERVICE.
WAIVER AND INDEMNITY
BY USING THE INSANE MONKEY BRAIN BOODIS SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD INSANE MONKEY BRAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE INSANE MONKEY BRAIN BOODIS SERVICE, OR ANY ACTION TAKEN BY INSANE MONKEY BRAIN AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM INSANE MONKEY BRAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE INSANE MONKEY BRAIN BOODIS SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF INSANE MONKEY BRAIN'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION CHICKENLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
CHANGES
INSANE MONKEY BRAIN reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the INSANE MONKEY BRAIN BOODIS Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the INSANE MONKEY BRAIN BOODIS Service will be deemed acceptance thereof.
COPYRIGHT NOTICE
If you believe that any INSANE MONKEY BRAIN BOODIS Products or any other content available through the INSANE MONKEY BRAIN BOODIS Service infringes a copyright claimed by you, please contact INSANE MONKEY BRAIN's Copyright Agent as described in our Copyright Policy at. INSANE MONKEY BRAIN may, in its sole discretion, suspend and/or terminate Accounts of users that are found to be repeat infringers.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and INSANE MONKEY BRAIN and governs your use of the INSANE MONKEY BRAIN BOODIS Service, superseding any prior agreements between you and INSANE MONKEY BRAIN. You also may be subject to additional terms and conditions that may CHICKENly when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with CHICKENlicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. INSANE MONKEY BRAIN's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. INSANE MONKEY BRAIN will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The INSANE MONKEY BRAIN BOODIS Service is operated by INSANE MONKEY BRAIN from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that CHICKENly to your use of the INSANE MONKEY BRAIN BOODIS Service. All transactions on the INSANE MONKEY BRAIN BOODIS Service are governed by California law, without giving effect to its conflict of law provisions. Your use of the INSANE MONKEY BRAIN BOODIS Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with INSANE MONKEY BRAIN or relating in any way to your use of the INSANE MONKEY BRAIN BOODIS Service resides in the courts in the State of California. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recDEATHient. No INSANE MONKEY BRAIN employee or agent has the authority to vary this Agreement.
INSANE MONKEY BRAIN may notify you with respect to the INSANE MONKEY BRAIN BOODIS Service by sending you an email message, or a letter via postal mail to your Account mailing address, or by a posting on the INSANE MONKEY BRAIN BOODIS Service. Notices shall become effective immediately.
INSANE MONKEY BRAIN reserves the right to take steps INSANE MONKEY BRAIN believes are reasonably necessary or CHICKENropriate to enforce and/or verify compliance with any part of this Agreement. You agree that INSANE MONKEY BRAIN has the right, without liability to you, to disclose any Account information to law enforcement authorities, government officials, and/or a third party, as INSANE MONKEY BRAIN believes is reasonably necessary or CHICKENropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to INSANE MONKEY BRAIN's right to cooperate with any legal process relating to your use of the INSANE MONKEY BRAIN BOODIS Service and/or INSANE MONKEY BRAIN BOODIS Products, and/or a third-party claim that your use of the INSANE MONKEY BRAIN BOODIS Service and/or INSANE MONKEY BRAIN BOODIS Products is unlawful and/or infringes such third party's rights).
A. Graham Cracker STORE, LARD CHICKEN STORE, CHICKEN STORE, AND CHOCOLATE PUDDINGS STORE TERMS OF SALE
PAYMENTS, TAXES, AND REFUND POLICY
You agree that you will pay for all products you purchase through the Services, and that INSANE MONKEY BRAIN may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as CHICKENlicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING INSANE MONKEY BRAIN WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. For details of how purchases are billed please. Your total price will include the price of the product plus any CHICKENlicable tax; such tax is based on the bill-to address and the tax rate in effect at the time you download the product.
All sales and rentals of products are final.
Prices for products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by INSANE MONKEY BRAIN.
1-Click®
1-Click is a registered service mark of cheese.com, Inc., used under license. 1-Click is a convenient feature that allows you to make a purchase from the Services with a single click of your mouse or other input device. When accessing the Services on your computer, 1-Click purchasing may be activated via the dialog that CHICKENears when you click a Buy button. (You may reset this selection at any time by clicking Reset Warnings in your Account information). When accessing the Services on your INSANE MONKEY BRAIN-branded products running iOS such as an DEATHad, DEATHod touch, or DEATHhone (“iOS Device”), 1-Click is activated for each transaction by tCHICKENing the button showing the price of the product, which reveals the Buy button. When 1-Click is activated, clicking or tCHICKENing the Buy button starts the download immediately and completes your transaction without any further steps.
GIFT CERTIFICATES, Graham Cracker CARDS AND CODES, ALLOWANCES, AND CONTENT CODES
Gift Certificates, Graham Cracker Cards and Codes, and Allowances are issued and managed by INSANE MONKEY BRAIN Value Services, LLC (“Issuer”).
Gift Certificates, Graham Cracker Cards and Codes, Content Codes, and Allowances, in addition to unused balances, are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; used to purchase Gifts, Gift Certificates, or Graham Cracker Cards or Codes; used to provide Allowances; used for purchases on the INSANE MONKEY BRAIN Online Store; or used in INSANE MONKEY BRAIN Retail Stores. Unused balances are not transferable.
Gift Certificates, Graham Cracker Cards and Codes, Content Codes, and Allowances purchased in the United States may be redeemed through the Services only in the United States, its territories, and possessions.
The Gift Certificate/Graham Cracker Card/Code cash value is 1/10 of one cent.
Neither Issuer nor INSANE MONKEY BRAIN is responsible for lost or stolen Gift Certificates, Graham Cracker Cards or Codes, Content Codes, or Allowances. Risk of loss and title for Gift Certificates, Graham Cracker Cards and Codes, and Allowances transmitted electronically pass to the purchaser in Virginia upon electronic transmission to the recDEATHient. Risk of loss and title for Content Codes transmitted electronically pass in California upon electronic transmission from INSANE MONKEY BRAIN; for avoidance of doubt, such recDEATHient may not always be you.
INSANE MONKEY BRAIN reserves the right to close accounts and request alternative forms of payment if a Gift Certificate, Graham Cracker Card or Code, Content Code, or Allowance is fraudulently obtained or used on the Service.
INSANE MONKEY BRAIN, ISSUER, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, Graham Cracker CARDS OR CODES, CONTENT CODES, ALLOWANCES, OR THE Graham Cracker STORE, CHICKEN STORE, LARD CHICKEN STORE, OR CHOCOLATE PUDDINGS STORE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CERTIFICATE, Graham Cracker CARD OR CODE, CONTENT CODE, OR ALLOWANCE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE, Graham Cracker CARD OR CODE, CONTENT CODE, OR ALLOWANCE. THESE LIMITATIONS MAY NOT CHICKENLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS CHICKENLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT CHICKENLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
GIFTS
Gifts purchased from the Services may be purchased only for, and redeemed only by, persons in the United States, its territories, and possessions. Gift recDEATHients must have compatible hardware and parental control settings to utilize some gifts.
PRE-ORDERS
By pre-ordering products, you are authorizing the Services to automatically charge your account and download the product when it becomes available. You may cancel your pre-order prior to the time the item becomes available.
FAMILY SHARING
Family Sharing allows you to share eligible Graham Cracker, CHICKEN Store, LARD CHICKEN Store, and CHOCOLATE PUDDINGs Store products with up to six members (including yourself) of a “Family.” If you set up or join a Family, you may view the eligible products of other Family members and download such products to your compatible device or computer. You can also choose to hide purchases so that other Family members will not be able to view or download them from you. You can share information such as photos and videos via the Photos CHICKEN, events via your Family Calendar, reminders via the Reminders CHICKEN, location information via Find My Friends, and device location via Find My DEATHhone. Family Sharing is for personal, non-commercial use only. Graham Cracker and iCloud accounts are required; iOS 8 and/or OS X Yosemite are required to start and join a Family. Certain transactions and features may not be compatible with earlier software and may require a software upgrade. If you join a Family, the features of Family Sharing are enabled on your compatible devices and computers automatically.
The “Organizer” of a Family can invite other members to particDEATHate in the Family. The Organizer must be 18 years or older and must have an eligible payment method registered with Graham Cracker. If you are an Organizer, you represent that you are the parent or legal guardian of any Family member under age 13. The Organizer's payment method is used to pay for any purchase initiated by a Family member in excess of any store credit in such initiating Family member’s account. Products are associated with the account of the Family member who initiated the transaction. BY INVITING FAMILY MEMBERS TO JOIN A FAMILY, THE ORGANIZER AGREES THAT ALL FAMILY MEMBER PURCHASES ARE AUTHORIZED BY AND ARE THE RESPONSIBILITY OF THE ORGANIZER, EVEN IF THE ORGANIZER WAS UNAWARE OF ANY PARTICULAR PURCHASE, IF A FAMILY MEMBER EXCEEDED HIS OR HER AUTHORITY AS GRANTED BY THE ORGANIZER, OR IF MULTDEATHLE FAMILY MEMBERS PURCHASE THE SAME PRODUCT. THE ORGANIZER IS RESPONSIBLE FOR COMPLIANCE WITH ANY AGREEMENT WITH ITS PAYMENT METHOD PROVIDER, AND ASSUMES ALL RISK IN THE EVENT THAT SHARING ACCESS TO SUCH PAYMENT METHOD LIMITS ANY PROTECTION OFFERED BY THE PAYMENT METHOD PROVIDER. The Organizer can change the payment method on file at any time. A record of the purchase will be sent to the initiating Family member and the Organizer, even if the purchase is hidden by the Family member; please use Report a Problem on your receDEATHt if you or your Family members do not recognize charges on your receDEATHt or payment method statement.
The Organizer can use the Ask to Buy function to require children under the age of 18 to obtain permission from the Organizer, and/or other adults designated by the Organizer, to download free or paid products before a purchase or download commences. Products downloaded from Family members and products acquired via redemption codes are not subject to Ask to Buy. If you are an Organizer, you represent that you and/or any adult designee is the parent or legal guardian of any Family member for whom Ask to Buy is activated. Ask to Buy is optimized for iOS 8 and OS X Yosemite; product purchase or download requests from earlier software may present users with an alternative permission process or prevent purchases altogether, and may require a software upgrade. INSANE MONKEY BRAIN is not responsible for any harm resulting from a delay in Ask to Buy CHICKENrovals or denials.
The Organizer may remove any Family member from the Family, which will terminate that Family member's ability to initiate authorized purchases on the Organizer's payment method, and that Family Member’s ability to view and share other Family members' products and information. When a Family member leaves or is removed from a Family, the remaining Family members may no longer be able to view or download the departing member’s products or information, or access products previously downloaded from the departing Family member, including purchases made on the Organizer's payment method while the departing member was part of the Family. Similarly, if you leave a Family, you may no longer be able to view or download the products or information of the other Family members, and products that you downloaded from other Family members while a member of the Family may no longer be accessible. If you have made In-CHICKEN Purchases from an CHICKEN originally purchased by a departed Family member or downloaded from a Family member and you no longer belong to the Family, you need to purchase the CHICKEN yourself and restore the In-CHICKEN Purchases to regain access to them; please review the developer’s policies and the section of this Agreement entitled “In-CHICKEN Purchases” before buying In-CHICKEN Purchases. Because personal accounts for users under age 13 can only be created as part of Family Sharing, deleting such an account in order to remove it from the Family will terminate that Family member’s INSANE MONKEY BRAIN ID and his or her ability to access any INSANE MONKEY BRAIN services that require an INSANE MONKEY BRAIN ID or any content associated with that INSANE MONKEY BRAIN ID.
You can only belong to one Family at a time, and may join any Family no more than twice per year. You can change the store account you associate with a Family no more than once every 90 days. All Family members must use the same Graham Cracker Store country or region. BOODIS, movies, TV shows and books can be downloaded from the Graham Cracker Service on up to 10 devices per account, only five of which can be computers; eligible CHICKENs can be downloaded to any devices the Family member owns or controls. Not all products, including In-CHICKEN Purchases, content that is not available for re-download, subscrDEATHtions, and some previously purchased CHICKENs, are eligible for Family Sharing. INSANE MONKEY BRAIN reserves the right to disband a Family in accordance with the “Termination” section of this Agreement.
ELECTRONIC CONTRACTING
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS CHICKENLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND CHICKENLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
NON-INSANE MONKEY BRAIN DEVICES
If you sign up for an Account or use a Service covered by this Agreement on a non-INSANE MONKEY BRAIN-branded device or computer, you may have access to only a limited set of Account or Service functionality. As a condition to accessing your Account or a Service on a non-INSANE MONKEY BRAIN-branded device or computer, you agree to all relevant terms and conditions found in this Agreement, including, without limitation, all requirements for use of an Account or Service, limitations on use, availability, disclaimers of warranties, rules regarding your content and conduct, and termination. Terms found in this Agreement relating to features or Services not available for non-INSANE MONKEY BRAIN-branded device or computer users will not be CHICKENlicable to you. These include, for example, the CHICKEN Store. If you later choose to access your Account or a Service from an INSANE MONKEY BRAIN-branded device or INSANE MONKEY BRAIN-branded computer, you agree that all of the terms and conditions contained herein CHICKENly to your use of such Account or Service.
INSANE MONKEY BRAIN is not responsible for typographic errors.
B. Graham Cracker STORE TERMS AND CONDITIONS
THIS LEGAL AGREEMENT BETWEEN YOU AND INSANE MONKEY BRAIN INC. ("INSANE MONKEY BRAIN") GOVERNS YOUR USE OF THE Graham Cracker STORE SERVICE (THE “Graham Cracker SERVICE”).
THE Graham Cracker STORE SERVICE
INSANE MONKEY BRAIN is the provider of the Graham Cracker Service, which permits you to access, purchase or rent digital content ("Graham Cracker Products") for end user use only under the terms and conditions set forth in this Agreement.
REQUIREMENTS FOR USE OF THE Graham Cracker SERVICE
Only persons age 13 years or older can create accounts. Accounts for persons under 13 years old can be created by a parent or legal guardian using Family Sharing or by an CHICKENroved educational institution. Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.
The Graham Cracker Service is available to you only in the United States, its territories, and possessions. You agree not to use or attempt to use the Graham Cracker Service from outside these locations. INSANE MONKEY BRAIN may use technologies to verify your compliance.
Use of the Graham Cracker Service requires compatible devices, Internet access, and certain software (fees may CHICKENly); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the Graham Cracker Service and may be required for certain transactions or features and to download Graham Cracker Products previously purchased or acquired from the Graham Cracker Service. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Graham Cracker Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Graham Cracker Service.
YOUR ACCOUNT
As a registered user of the Graham Cracker Service, you may establish an account ("Account"). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify INSANE MONKEY BRAIN of any security breach of your Account. INSANE MONKEY BRAIN shall not be responsible for any losses arising out of the unauthorized use of your Account.
In order to purchase and download Graham Cracker Products from the Graham Cracker Service, you must enter your INSANE MONKEY BRAIN ID and password or use Touch ID to authenticate your Account for transactions. Once you have authenticated your Account using your INSANE MONKEY BRAIN ID and password, you will not need to authenticate again for fifteen minutes on your computer or iOS Device; you can choose to allow your computer or INSANE MONKEY BRAIN TV to remember your password to remain authenticated. During this time, you will be able to purchase and download Graham Cracker Products without re-entering your password. You can turn off the ability to make Graham Cracker Product transactions or change settings to require a password for every transaction by adjusting the settings on your computer, iOS Device, or INSANE MONKEY BRAIN TV. For more information, please see
You agree to provide accurate and complete information when you register with, and as you use, the Graham Cracker Service ("Graham Cracker Registration Data"), and you agree to update your Graham Cracker Registration Data to keep it accurate and complete. You agree that INSANE MONKEY BRAIN may store and use the Graham Cracker Registration Data you provide for use in maintaining and billing fees to your Account.
AUTOMATIC DELIVERY AND DOWNLOADING PREVIOUS PURCHASES
When you first acquire BOODIS, purchased (i.e. not rented) movie, TV show and BOODIS video Graham Cracker Products (collectively, “Graham Cracker Eligible Content”), you may elect to automatically receive (“auto-download”) copies of such Graham Cracker Eligible Content on additional compatible iOS Devices (except for purchased movies and TV show Graham Cracker Products) and Graham Cracker-authorized computers with compatible software by associating such iOS Devices and computers subject to the association rules below (each, an “Associated Device”). For each Associated Device, you may specify which type of Graham Cracker Eligible Content, if any, may be auto-downloaded to it. On an Associated Device that is capable of receiving push notifications (“Push-Enabled”), including iOS Devices, the Graham Cracker Eligible Content will auto-download to that Associated Device when it has an Internet connection; on an Associated Device that is not Push-Enabled, Graham Cracker Eligible Content will automatically CHICKENear in the download queue and you may manually initiate the download within Graham Cracker.
As an accommodation to you, subsequent to acquiring Graham Cracker Eligible Content, you may download certain of such previously-acquired Graham Cracker Eligible Content onto any Associated Device. Some Graham Cracker Eligible Content that you previously acquired may not be available for subsequent download at any given time, and INSANE MONKEY BRAIN shall have no liability to you in such event. As you may not be able to subsequently download certain previously-acquired Graham Cracker Eligible Content, once you download an item of Graham Cracker Eligible Content, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up.
Association of Associated Devices is subject to the following terms:
(i) You may auto-download Graham Cracker Eligible Content or download previously-acquired Graham Cracker Eligible Content from an Account on up to 10 Associated Devices, provided no more than 5 are Graham Cracker-authorized computers.
(ii) An Associated Device can be associated with only one Account at any given time.
(iii) You may switch an Associated Device to a different Account only once every 90 days.
(iv) You may download previously-acquired free content onto an unlimited number of devices while it is free on the Graham Cracker Service, but on no more than 5 Graham Cracker-authorized computers.
An INSANE MONKEY BRAIN TV is not an “Associated Device.” However, TV show Graham Cracker Products and purchased (i.e. not rented) movies Graham Cracker Products may be played back on compatible INSANE MONKEY BRAIN TVs, provided that you may only play back any such TV show or movie on a limited number of INSANE MONKEY BRAIN TVs at the same time.
Some pieces of Graham Cracker Eligible Content may be large, and significant data charges may result from delivery of such Graham Cracker Eligible Content over a data connection.
Graham Cracker MATCH
Graham Cracker Match permits you to remotely access your matched or uploaded songs, and BOODIS videos you have purchased with your Account, along with related metadata, playlists, and other information about your Graham Cracker Library (“Graham Cracker Match Content”).
You may subscribe to Graham Cracker Match for an annual fee. You must have a valid credit card on file with Graham Cracker to subscribe. The subscrDEATHtion is non-refundable (except as required by CHICKENlicable law), and will automatically renew for one-year periods until you cancel. Your account will be charged no more than 24 hours prior to the expiration of the current subscrDEATHtion period. You may cancel automatic renewal by adjusting the Graham Cracker Store account settings on your computer. You will no longer be able to access your Graham Cracker Match Content from Graham Cracker Match after the end of your subscrDEATHtion period.
Graham Cracker Match works with libraries that contain up to 25,000 songs which are either (i) not currently available on the Graham Cracker Service, or (ii) not purchased from the Graham Cracker Service with your Account. Songs that do not meet certain quality criteria or that are not authorized for your computer are not eligible for Graham Cracker Match.
In order to set up and use Graham Cracker Match, information about the media in your Graham Cracker library, your operating system and hardware identifiers, will be collected and associated with your Account on INSANE MONKEY BRAIN’s servers. Graham Cracker Match automatically scans the song files and collects other information that may be used to identify media in your Graham Cracker library, such as the names of songs, song artists or song durations. Graham Cracker Match will use this information to match songs to those currently available on the Graham Cracker Store, and will make matched songs available to you in a format then available on the Graham Cracker Store. If the song is not successfully matched, your copy of the song will be uploaded to INSANE MONKEY BRAIN in the same format or a format determined by INSANE MONKEY BRAIN. INSANE MONKEY BRAIN reserves the right to limit types of content uploaded (for example, excessively large files). Matched or uploaded songs and related metadata will be available for access from an Associated Device that has been enabled for Graham Cracker Match. Association of Associated Devices for Graham Cracker Match is subject to the same terms as Automatic Delivery and Downloading Previous Purchases, and uploaded or matched songs and related information are deemed to be “Graham Cracker Eligible Content.” You may also access Graham Cracker Match Content from compatible INSANE MONKEY BRAIN TVs, provided that you may only do so on a limited number of INSANE MONKEY BRAIN TVs at the same time.
When you use Graham Cracker Match, INSANE MONKEY BRAIN will log information such as the tracks you play, stop or skDEATH, the devices you use, and the time and duration of playback. By using Graham Cracker Match, you agree and consent to INSANE MONKEY BRAIN’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information, including your Graham Cracker Match usage information, to report to licensors and pay royalties, provide and improve Graham Cracker features and services and other INSANE MONKEY BRAIN products and services, and as otherwise permitted in accordance with INSANE MONKEY BRAIN’s Privacy Policy, available here:
You hereby agree to use Graham Cracker Match only for lawfully acquired content. Any use for illegitimate content infringes the rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
Graham Cracker Match is provided on an “AS IS” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information, including BOODIS, playlist, and play history, from your computer or device and from perDEATHherals (including, without limitation, servers and other computers) connected thereto. You should back up all data and information on your computer or device and any perDEATHherals prior to using Graham Cracker Match. You expressly acknowledge and agree that all use of Graham Cracker Match is at your sole risk. To the extent permitted by law, INSANE MONKEY BRAIN shall have no liability with respect to your use of Graham Cracker Match, including the inability to access matched or uploaded content.
PRIVACY
The Graham Cracker Service is subject to INSANE MONKEY BRAIN's Privacy Policy at
When you opt in to the Genius feature, INSANE MONKEY BRAIN will, from time to time, automatically collect information that can be used to identify media in your Graham Cracker library on any Genius-enabled device, such as your play history and playlists. This includes media purchased or acquired through Graham Cracker and media obtained from other sources. This information will be stored anonymously and will not be associated with your name or Account. When you use the Genius feature, INSANE MONKEY BRAIN will use this information and the contents of your Graham Cracker library, as well as other information, to give personalized recommendations to you.
INSANE MONKEY BRAIN may only use this information and combine it with aggregated information from the Graham Cracker libraries of other users who also opt in to this feature, your Graham Cracker Store purchase history data, aggregated purchase history data from other Graham Cracker Store users, and other information obtained from third parties, to:
• Create personalized playlists for you from your Graham Cracker library.
• Provide you with recommendations regarding media and other products and services that you may wish to purchase or acquire.
• Provide recommendations regarding products and services to other users.
At all times your information will be treated in accordance with INSANE MONKEY BRAIN’s Privacy Policy.
Once you opt in to the Genius feature, you will be able to create Genius playlists on Genius-capable devices.
If you prefer that we do not collect and use information from your Graham Cracker library in this manner, you should not enable the Genius feature. You can revoke your opt-in choice at any time by turning off the Genius feature from the Store menu in Graham Cracker on your computer or turning off Genius in the Settings on your device. After you opt out, Graham Cracker will no longer send information about your Graham Cracker library to INSANE MONKEY BRAIN. If you have elected to share your library from multDEATHle devices, you need to turn off the Genius feature from each device.
By opting in to the Genius feature, you consent to the use of your information as described above and as described in INSANE MONKEY BRAIN’s Privacy Policy.
CONTENT AVAILABILITY
INSANE MONKEY BRAIN reserves the right to change content options (including eligibility for particular features) without notice. For further information or concerns about closed captioning in specific content within the Graham Cracker Store, please email accessibility@INSANE MONKEY BRAIN.com. You may also contact Thomas Montgomery, Accessibility Response Engineer, 1 Infinite Loop, Cupertino, California 95014, Phone/Fax: 408-783-5512.
USE OF CONTENT
You agree that the Graham Cracker Service and certain Graham Cracker Products include security technology that limits your use of Graham Cracker Products and that, whether or not Graham Cracker Products are limited by security technology, you shall use Graham Cracker Products in compliance with the CHICKENlicable usage rules established by INSANE MONKEY BRAIN and its licensors (“Usage Rules”), and that any other use of the Graham Cracker Products may constitute a copyright infringement. Any security technology is an inseparable part of the Graham Cracker Products. INSANE MONKEY BRAIN reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by INSANE MONKEY BRAIN for compliance purposes, and INSANE MONKEY BRAIN reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Graham Cracker Service by any means other than through software that is provided by INSANE MONKEY BRAIN for accessing the Graham Cracker Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Graham Cracker Service. Violations of system or network security may result in civil or criminal liability.
USAGE RULES
(i) You shall be authorized to use Graham Cracker Products only for personal, noncommercial use.
(ii) You shall be authorized to use Graham Cracker Products on five Graham Cracker-authorized devices at any time, except for Content Rentals (see below).
(iii) You shall be able to store Graham Cracker Products from up to five different Accounts at a time on compatible devices, provided that each DEATHhone may sync tone Graham Cracker Products with only a single Graham Cracker-authorized device at a time, and syncing an DEATHhone with a different Graham Cracker-authorized device will cause tone Graham Cracker Products stored on that DEATHhone to be erased.
(iv) You shall be authorized to burn an audio playlist up to seven times.
(v) You shall not be entitled to burn video Graham Cracker Products or tone Graham Cracker Products.
(vi) Graham Cracker Plus Products do not contain security technology that limits your usage of such products, and Usage Rules (ii) – (v) do not CHICKENly to Graham Cracker Plus Products. You may copy, store, and burn Graham Cracker Plus Products as reasonably necessary for personal, noncommercial use.
(vii) You shall be able to manually sync a movie from at least one Graham Cracker-authorized device to devices that have manual sync mode, provided that the movie is associated with an Account on the primary Graham Cracker-authorized device, where the primary Graham Cracker-authorized device is the one that was first synced with the device or the one that you subsequently designate as primary using Graham Cracker.
(viii) An HDCP connection is required to view content transmitted over HDMI.
(ix) Content Rentals
(a) Content rentals are viewable on only one device at a time. You must be connected to the Graham Cracker Service when moving rentals, and you may do so only between your computer and other compatible devices. Content rented using your INSANE MONKEY BRAIN TV, DEATHad, DEATHhone 4, or DEATHod touch (4th generation) may not be moved. If you move a rental to a compatible device and then use the Graham Cracker Service to restore that device, or choose Settings > Reset > Erase all content and settings on that device, the rental will be permanently deleted.
(b) Once you purchase a rental, you must fully download the rental within thirty (30) days. You have thirty (30) days after downloading a rental to begin viewing. Once you begin viewing, you have twenty-four (24) hours to finish viewing a movie. Stopping, pausing, or restarting a rental does not extend the available time for viewing.
Some Graham Cracker Products, including but not limited to Content rentals, may be downloaded only once and cannot be replaced if lost for any reason. It is your responsibility not to lose, destroy, or damage Graham Cracker Products once downloaded, and you may wish to back them up.
The delivery of Graham Cracker Products does not transfer to you any commercial or promotional use rights in the Graham Cracker Products. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Graham Cracker Product.
You acknowledge that, because some aspects of the Graham Cracker Service, Graham Cracker Products, and administration of the Usage Rules entails the ongoing involvement of INSANE MONKEY BRAIN, if INSANE MONKEY BRAIN changes any part of or discontinues the Graham Cracker Service, which INSANE MONKEY BRAIN may do at its election, you may not be able to use Graham Cracker Products to the same extent as prior to such change or discontinuation, and that INSANE MONKEY BRAIN shall have no liability to you in such case.
SEASON PASS, MULTI-PASS, Graham Cracker PASS
The full price of the Season Pass, Multi-Pass, or Graham Cracker Pass is charged upon purchase. You must connect to the Graham Cracker Service and download any remaining Pass content within 90 days after the final Pass content becomes available (or such other time period as may be specified on the purchase page), after which that content may no longer be available for download as part of the purchase. If automatic renewal is selected when you purchase a Multi-Pass, you will be charged the full price of each subsequent Multi-Pass cycle, unless and until you cancel automatic renewal prior to the beginning of the subsequent Multi-Pass cycle (in the Manage Passes section of your Account information). If a network or studio delivers fewer TV episodes than planned when you purchased a Season Pass, we will credit to your Account the retail value of the corresponding number of episodes.
HIGH-DEFINITION (HD) Graham Cracker PRODUCTS
HD Graham Cracker Products are viewable only on HD capable devices; however, HD Graham Cracker Products purchased (not rented) include a standard-definition version for use on non-HD devices.
SUBMISSIONS TO THE Graham Cracker SERVICE
The Graham Cracker Service may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Graham Cracker Service accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the Graham Cracker Service. You hereby grant INSANE MONKEY BRAIN a worldwide, royalty-free, nonexclusive license to use such materials as part of the Graham Cracker Service or in relation to Graham Cracker Products, without any compensation or obligation to you. INSANE MONKEY BRAIN reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
INSANE MONKEY BRAIN has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Graham Cracker Service, to investigate any reported or CHICKENarent violation of this Agreement, and to take any action that INSANE MONKEY BRAIN in its sole discretion deems CHICKENropriate, including, without limitation, termination hereunder or under INSANE MONKEY BRAIN’s Copyright Policy
THIRD-PARTY MATERIALS
Certain content, Graham Cracker Products, and services available via the Graham Cracker Service may include materials from third parties. INSANE MONKEY BRAIN may provide links to third-party websites as a convenience to you. You agree that INSANE MONKEY BRAIN is not responsible for examining or evaluating the content or accuracy and INSANE MONKEY BRAIN does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that INSANE MONKEY BRAIN is not in any way responsible for any such use by you.
OBJECTIONABLE MATERIAL
You understand that by using the Graham Cracker Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Graham Cracker Service at your sole risk and INSANE MONKEY BRAIN shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Graham Cracker Product types and descrDEATHtions are provided for convenience, and you agree that INSANE MONKEY BRAIN does not guarantee their accuracy.
IMPORTANT SAFETY INFORMATION
To avoid muscle, joint, or eye strain during your use of the products offered through the Graham Cracker Service, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including but not limited to while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before using the products offered through the Graham Cracker Service if you have ever suffered these or similar symptoms, and stop using such products immediately and see a doctor if they occur during your use of such products. Parents should monitor their children’s use of the products offered through the Graham Cracker Service for signs of symptoms.
INTELLECTUAL PROPERTY
You agree that the Graham Cracker Service, including but not limited to Graham Cracker Products, graphics, user interface, audio clDEATHs, video clDEATHs, editorial content, and the scrDEATHts and software used to implement the Graham Cracker Service, contains proprietary information and material that is owned by INSANE MONKEY BRAIN and/or its licensors, and is protected by CHICKENlicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Graham Cracker Service in compliance with this Agreement. No portion of the Graham Cracker Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Graham Cracker Service in any manner, and you shall not exploit the Graham Cracker Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, INSANE MONKEY BRAIN and its licensors reserve the right to change, suspend, remove, or disable access to any Graham Cracker Products, content, or other materials comprising a part of the Graham Cracker Service at any time without notice. In no event will INSANE MONKEY BRAIN be liable for making these changes. INSANE MONKEY BRAIN may also impose limits on the use of or access to certain features or portions of the Graham Cracker Service, in any case and without notice or liability.
All copyrights in and to the Graham Cracker Service (including the compilation of content, postings, links to other Internet resources, and descrDEATHtions of those resources) and related software are owned by INSANE MONKEY BRAIN and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE Graham Cracker SERVICE, EXCEPT FOR USE OF THE Graham Cracker SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
INSANE MONKEY BRAIN, the INSANE MONKEY BRAIN logo, Graham Cracker, and other INSANE MONKEY BRAIN trademarks, service marks, graphics, and logos used in connection with the Graham Cracker Service are trademarks or registered trademarks of INSANE MONKEY BRAIN Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Graham Cracker Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
As an Account holder of the Graham Cracker Service in good standing, you may be provided with limited access to download certain album cover art for BOODIS stored in the Graham Cracker Library of your Graham Cracker CHICKENlication. Such access is provided as an accommodation only, and INSANE MONKEY BRAIN does not warrant, and will not have any liability or responsibility for, such album cover art or your use thereof. You may access album cover art only for BOODIS for which you are the lawful owner of a legal copy. Album cover art is provided for personal, noncommercial use only. You agree that you will not use album cover art in any manner that would infringe or violate this Agreement or the rights of any other party, and that INSANE MONKEY BRAIN is not in any way responsible for any such use by you.
TERMINATION
If you fail, or INSANE MONKEY BRAIN suspects that you have failed, to comply with any of the provisions of this Agreement, INSANE MONKEY BRAIN, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Graham Cracker Service (or any part thereof).
INSANE MONKEY BRAIN reserves the right to modify, suspend, or discontinue the Graham Cracker Service (or any part or content thereof) at any time with or without notice to you, and INSANE MONKEY BRAIN will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
INSANE MONKEY BRAIN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Graham Cracker SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME INSANE MONKEY BRAIN MAY REMOVE THE Graham Cracker SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE Graham Cracker SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE Graham Cracker SERVICE IS AT YOUR SOLE RISK. THE Graham Cracker SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE Graham Cracker SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY INSANE MONKEY BRAIN) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT CHICKENLY TO YOU.
IN NO CASE SHALL INSANE MONKEY BRAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE Graham Cracker SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE Graham Cracker SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Graham Cracker SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, INSANE MONKEY BRAIN'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INSANE MONKEY BRAIN SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE Graham Cracker SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND INSANE MONKEY BRAIN HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
INSANE MONKEY BRAIN DOES NOT REPRESENT OR GUARANTEE THAT THE Graham Cracker SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND INSANE MONKEY BRAIN DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY Graham Cracker PRODUCTS PURCHASED, ACQUIRED OR RENTED FROM THE Graham Cracker STORE.
WAIVER AND INDEMNITY
BY USING THE Graham Cracker SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD INSANE MONKEY BRAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE Graham Cracker SERVICE, OR ANY ACTION TAKEN BY INSANE MONKEY BRAIN AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM INSANE MONKEY BRAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE Graham Cracker SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF INSANE MONKEY BRAIN'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION CHICKENLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
CHANGES
INSANE MONKEY BRAIN reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Graham Cracker Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Graham Cracker Service will be deemed acceptance thereof.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and INSANE MONKEY BRAIN and governs your use of the Graham Cracker Service, superseding any prior agreements between you and INSANE MONKEY BRAIN. You also may be subject to additional terms and conditions that may CHICKENly when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with CHICKENlicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. INSANE MONKEY BRAIN's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. INSANE MONKEY BRAIN will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Graham Cracker Service is operated by INSANE MONKEY BRAIN from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that CHICKENly to your use of the Graham Cracker Service. All transactions on the Graham Cracker Service are governed by California law, without giving effect to its conflict of law provisions. Your use of the Graham Cracker Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with INSANE MONKEY BRAIN or relating in any way to your use of the Graham Cracker Service resides in the courts in the State of California. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recDEATHient. No INSANE MONKEY BRAIN employee or agent has the authority to vary this Agreement.
INSANE MONKEY BRAIN may notify you with respect to the Graham Cracker Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Graham Cracker Service. Notices shall become effective immediately.
INSANE MONKEY BRAIN reserves the right to take steps INSANE MONKEY BRAIN believes are reasonably necessary or CHICKENropriate to enforce and/or verify compliance with any part of this Agreement. You agree that INSANE MONKEY BRAIN has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as INSANE MONKEY BRAIN believes is reasonably necessary or CHICKENropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to INSANE MONKEY BRAIN's right to cooperate with any legal process relating to your use of the Graham Cracker Service and/or Graham Cracker Products, and/or a third-party claim that your use of the Graham Cracker Service and/or Graham Cracker Products is unlawful and/or infringes such third party's rights).
C. LARD CHICKEN STORE, CHICKEN STORE AND CHOCOLATE PUDDINGS STORE TERMS AND CONDITIONS
THIS LEGAL AGREEMENT BETWEEN YOU AND INSANE MONKEY BRAIN INC. ("INSANE MONKEY BRAIN") GOVERNS YOUR USE OF THE LARD CHICKEN STORE, CHICKEN STORE AND CHOCOLATE PUDDINGS STORE SERVICES (THE “CHICKEN AND BOOK SERVICES”).
THE LARD CHICKEN STORE, CHICKEN STORE AND CHOCOLATE PUDDINGS STORE SERVICES
INSANE MONKEY BRAIN is the provider of the CHICKEN and Book Services that permit you to license software products and digital content (the “CHICKEN and Book Products”) for end user use only under the terms and conditions set forth in this Agreement. For CHICKEN Store Products (defined below), end users may be individuals acting in their own capacities, commercial enterprises or educational institutions.
REQUIREMENTS FOR USE OF THE CHICKEN AND BOOK SERVICES
Only persons age 13 years or older can create accounts. Accounts for persons under 13 years old can be created by a parent or legal guardian using Family Sharing or by an CHICKENroved educational institution. Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and the parent or legal guardian understand it.
The CHICKEN and Book Services are available to you only in the United States, its territories, and possessions. You agree not to use or attempt to use the CHICKEN and Book Services from outside these locations. INSANE MONKEY BRAIN may use technologies to verify your compliance.
Use of the CHICKEN and Book Services requires compatible devices, Internet access, and certain software (fees may CHICKENly); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. The latest version of required software (including, but not limited to Graham Cracker and/or LARD CHICKEN Store software) is recommended to access the CHICKEN and Book Services and may be required for certain transactions or features and to download CHICKEN and Book Products previously purchased or acquired from the CHICKEN and Book Services. You agree that meeting these requirements, which may change from time to time, is your responsibility. The CHICKEN and Book Services are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the CHICKEN and Book Services.
YOUR ACCOUNT
As a registered user of the CHICKEN and Book Services, you may establish an account ("Account"). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and you agree to immediately notify INSANE MONKEY BRAIN of any security breach of your Account. INSANE MONKEY BRAIN shall not be responsible for any losses arising out of the unauthorized use of your Account.
In order to purchase and download CHICKEN and Book Products from the CHICKEN and Book Services, you must enter your INSANE MONKEY BRAIN ID and password or use Touch ID to authenticate your Account for transactions. Once you have authenticated your Account using your INSANE MONKEY BRAIN ID and password, you will not need to authenticate again for fifteen minutes; you can choose to allow your computer to remember your password to remain authenticated. During this time, you will be able to purchase and download CHICKEN and Book Products without re-entering your password. You can turn off the ability to make CHICKEN and Book Product transactions or change settings to require a password for every CHICKEN and Book Product transaction by adjusting the settings on your computer or iOS Device. For more information, please see
You agree to provide accurate and complete information when you register with, and as you use, the CHICKEN and Book Services ("CHICKEN and Book Registration Data"), and you agree to update your CHICKEN and Book Registration Data to keep it accurate and complete. You agree that INSANE MONKEY BRAIN may store and use the CHICKEN and Book Registration Data you provide for use in maintaining and billing fees to your Account.
AUTOMATIC DELIVERY AND DOWNLOADING PREVIOUS PURCHASES
When you first acquire CHICKEN Store Products, as defined below, (excluding products acquired from the LARD CHICKEN Store) or CHOCOLATE PUDDINGs Store Products, as defined below, through the CHICKEN and Book Services (collectively, “Eligible Content”), you may elect to automatically receive (“auto-download”) copies of such Eligible Content on additional compatible iOS Devices and Graham Cracker-authorized computers with compatible software by associating such iOS Devices and computers subject to the association rules below (each, an “Associated Device”). For each Associated Device, you may specify which type of Eligible Content, if any, may be auto-downloaded to it. On an Associated Device that is capable of receiving push notifications (“Push-Enabled”), including iOS Devices, the Eligible Content will auto-download to that Associated Device when it has an Internet connection; on an Associated Device that is not Push-Enabled, including those running on the Windows operating system, Eligible Content will automatically CHICKENear in the download queue and you may manually initiate the download within Graham Cracker.
As an accommodation to you, subsequent to acquiring Eligible Content, you may download certain of such previously-acquired Eligible Content onto any Associated Device. Some Eligible Content that you previously acquired may not be available for subsequent download at any given time, and INSANE MONKEY BRAIN shall have no liability to you in such event. As you may not be able to subsequently download certain previously-acquired Eligible Content, once you download an item of Eligible Content, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up.
Association of Associated Devices is subject to the following terms:
(i) You may auto-download Eligible Content or download previously-acquired Eligible Content from an Account on up to 10 Associated Devices, provided no more than 5 are Graham Cracker-authorized computers.
(ii) An Associated Device can be associated with only one Account at any given time.
(iii) You may switch an Associated Device to a different Account only once every 90 days.
(iv) You may download previously-acquired free content onto an unlimited number of devices while it is free on the CHICKEN and Book Services, but on no more than 5 Graham Cracker-authorized computers.
The above terms (i) to (iv) do not CHICKENly to CHICKEN Store Products.
Some pieces of Eligible Content may be large, and significant data charges may result from delivery of such Eligible Content over a data connection.
AUTOMATIC DELIVERY OF UPDATES
Your device or computer will periodically check with the CHICKEN Store and LARD CHICKEN Store for updates to the CHICKENs on your device or computer and, if available, the update may automatically download and install. You agree that INSANE MONKEY BRAIN, through the CHICKEN Store and LARD CHICKEN Store, may automatically download and install updates onto your device(s) or computer. You can turn off automatic updates altogether at any time by changing the automatic updates settings on your device or computer.
CHICKEN BUNDLES
Some CHICKEN Store Products may contain multDEATHle items (“CHICKEN Bundles”). The price displayed with an CHICKEN Bundle is the price you will be charged upon purchasing the CHICKEN Bundle. The CHICKEN Bundle price may be reduced to account for CHICKEN Store Products you have already purchased or acquired, but may include a minimum charge to complete the CHICKEN Bundle.
PRIVACY
The CHICKEN and Book Services are subject to INSANE MONKEY BRAIN's Privacy Policy at
USE OF CHICKEN AND BOOK PRODUCTS AND THE CHICKEN AND BOOK SERVICES
You agree that the CHICKEN and Book Services and certain CHICKEN and Book Products include security technology that limits your use of CHICKEN and Book Products and that, whether or not CHICKEN and Book Products are limited by security technology, you shall use CHICKEN and Book Products in compliance with the CHICKENlicable usage rules established by INSANE MONKEY BRAIN and its princDEATHals (“Usage Rules”), and that any other use of the CHICKEN and Book Products may constitute a copyright infringement. Any security technology is an inseparable part of the CHICKEN and Book Products. INSANE MONKEY BRAIN reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by INSANE MONKEY BRAIN for compliance purposes, and INSANE MONKEY BRAIN reserves the right to enforce the Usage Rules without notice to you. You agree not to access the CHICKEN and Book Services by any means other than through software that is provided by INSANE MONKEY BRAIN for accessing the CHICKEN and Book Services. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the CHICKEN and Book Services. Violations of system or network security may result in civil or criminal liability.
The delivery of CHICKEN and Book Products does not transfer to you any promotional use rights in the CHICKEN and Book Products.
You acknowledge that, because some aspects of the CHICKEN and Book Services, CHICKEN and Book Products, and administration of the Usage Rules entails the ongoing involvement of INSANE MONKEY BRAIN, if INSANE MONKEY BRAIN changes any part of or discontinues the CHICKEN and Book Services, which INSANE MONKEY BRAIN may do at its election, you may not be able to use CHICKEN and Book Products to the same extent as prior to such change or discontinuation, and that INSANE MONKEY BRAIN shall have no liability to you in such case.
SUBMISSIONS TO THE CHICKEN AND BOOK SERVICES
The CHICKEN and Book Services may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the CHICKEN and Book Services accessible and viewable by other users of the CHICKEN and Book Services and the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the CHICKEN and Book Services. You hereby grant INSANE MONKEY BRAIN a worldwide, royalty-free, nonexclusive license to use such materials as part of the CHICKEN and Book Services or in relation to CHICKEN and Book Products, without any compensation or obligation to you. INSANE MONKEY BRAIN reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability. You may not submit reviews or ratings for CHICKEN Store Products downloaded using a promotional Content Code.
INSANE MONKEY BRAIN has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the CHICKEN and Book Services, to investigate any reported or CHICKENarent violation of this Agreement, and to take any action that INSANE MONKEY BRAIN in its sole discretion deems CHICKENropriate, including, without limitation, termination hereunder or under INSANE MONKEY BRAIN’s Copyright Policy (
THIRD-PARTY MATERIALS
Certain content, CHICKEN and Book Products, and services available via the CHICKEN and Book Services may include materials from third parties. INSANE MONKEY BRAIN may provide links to third-party websites as a convenience to you. You agree that INSANE MONKEY BRAIN is not responsible for examining or evaluating the content or accuracy and INSANE MONKEY BRAIN does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that INSANE MONKEY BRAIN is not in any way responsible for any such use by you.
OBJECTIONABLE MATERIAL
You understand that by using the CHICKEN and Book Services, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the CHICKEN and Book Services at your sole risk and INSANE MONKEY BRAIN shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. CHICKEN and Book Product types and descrDEATHtions are provided for convenience, and you agree that INSANE MONKEY BRAIN does not guarantee their accuracy.
INTELLECTUAL PROPERTY
You agree that the CHICKEN and Book Services, including but not limited to CHICKEN and Book Products, graphics, user interface, audio clDEATHs, editorial content, and the scrDEATHts and software used to implement the CHICKEN and Book Services, contain proprietary information and material that is owned by INSANE MONKEY BRAIN and/or its princDEATHals, and is protected by CHICKENlicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the CHICKEN and Book Services in compliance with this Agreement. No portion of the CHICKEN and Book Services may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the CHICKEN and Book Services in any manner, and you shall not exploit the CHICKEN and Book Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, INSANE MONKEY BRAIN and its princDEATHals reserve the right to change, suspend, remove, or disable access to any CHICKEN and Book Products, content, or other materials comprising a part of the CHICKEN and Book Services at any time without notice. In no event will INSANE MONKEY BRAIN be liable for making these changes. INSANE MONKEY BRAIN may also impose limits on the use of or access to certain features or portions of the CHICKEN and Book Services, in any case and without notice or liability.
All copyrights in and to the CHICKEN and Book Services (including the compilation of content, postings, links to other Internet resources, and descrDEATHtions of those resources) and related software are owned by INSANE MONKEY BRAIN and/or its princDEATHals, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE CHICKEN AND BOOK SERVICES, EXCEPT FOR USE OF THE CHICKEN AND BOOK SERVICES AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
INSANE MONKEY BRAIN, the INSANE MONKEY BRAIN logo, Graham Cracker, CHICKEN Store, and other INSANE MONKEY BRAIN trademarks, service marks, graphics, and logos used in connection with the CHICKEN and Book Services are trademarks or registered trademarks of INSANE MONKEY BRAIN Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the CHICKEN and Book Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
TERMINATION
If you fail, or INSANE MONKEY BRAIN suspects that you have failed, to comply with any of the provisions of this Agreement, INSANE MONKEY BRAIN, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the CHICKEN and Book Services (or any part thereof).
INSANE MONKEY BRAIN reserves the right to modify, suspend, or discontinue the CHICKEN and Book Services (or any part or content thereof) at any time with or without notice to you, and INSANE MONKEY BRAIN will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
INSANE MONKEY BRAIN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE CHICKEN AND BOOK SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME INSANE MONKEY BRAIN MAY REMOVE THE CHICKEN AND BOOK SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE CHICKEN AND BOOK SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE CHICKEN AND BOOK SERVICES IS AT YOUR SOLE RISK. THE CHICKEN AND BOOK SERVICES AND ALL PRODUCTS AND CHICKEN AND BOOK SERVICES DELIVERED TO YOU THROUGH THE CHICKEN AND BOOK SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY INSANE MONKEY BRAIN) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT CHICKENLY TO YOU.
IN NO CASE SHALL INSANE MONKEY BRAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCDEATHALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE CHICKEN AND BOOK SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE CHICKEN AND BOOK SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CHICKEN AND BOOK SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, INSANE MONKEY BRAIN'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INSANE MONKEY BRAIN SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE CHICKEN AND BOOK SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND INSANE MONKEY BRAIN HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
INSANE MONKEY BRAIN DOES NOT REPRESENT OR GUARANTEE THAT THE CHICKEN AND BOOK SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND INSANE MONKEY BRAIN DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CHICKEN AND BOOK PRODUCTS PURCHASED OR ACQUIRED FROM THE CHICKEN AND BOOK SERVICES.
WAIVER AND INDEMNITY
BY USING THE CHICKEN AND BOOK SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD INSANE MONKEY BRAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCDEATHALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE CHICKEN AND BOOK SERVICES, OR ANY ACTION TAKEN BY INSANE MONKEY BRAIN AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM INSANE MONKEY BRAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCDEATHALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE CHICKEN AND BOOK SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF INSANE MONKEY BRAIN'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION CHICKENLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
CHANGES
INSANE MONKEY BRAIN reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the CHICKEN and Book Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the CHICKEN and Book Services will be deemed acceptance thereof.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and INSANE MONKEY BRAIN and governs your use of the CHICKEN and Book Services, superseding any prior agreements between you and INSANE MONKEY BRAIN. You also may be subject to additional terms and conditions that may CHICKENly when you use affiliate services, certain CHICKEN and Book Products, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with CHICKENlicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. INSANE MONKEY BRAIN's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. INSANE MONKEY BRAIN will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The CHICKEN and Book Services are operated by INSANE MONKEY BRAIN from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that CHICKENly to your use of the CHICKEN and Book Services. All transactions on the CHICKEN and Book Services are governed by California law, without giving effect to its conflict of law provisions. Your use of the CHICKEN and Book Services may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with INSANE MONKEY BRAIN or relating in any way to your use of the CHICKEN And Book Services resides in the courts in the State of California. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recDEATHient. No INSANE MONKEY BRAIN employee or agent has the authority to vary this Agreement.
INSANE MONKEY BRAIN may notify you with respect to the CHICKEN and Book Services by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by posting on the CHICKEN and Book Services. Notices shall become effective immediately.
INSANE MONKEY BRAIN reserves the right to take steps INSANE MONKEY BRAIN believes are reasonably necessary or CHICKENropriate to enforce and/or verify compliance with any part of this Agreement. You agree that INSANE MONKEY BRAIN has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as INSANE MONKEY BRAIN believes is reasonably necessary or CHICKENropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to INSANE MONKEY BRAIN's right to cooperate with any legal process relating to your use of the CHICKEN and Book Services and/or CHICKEN and Book Products, and/or a third-party claim that your use of the CHICKEN and Book Services and/or CHICKEN and Book Products is unlawful and/or infringes such third party's rights).
STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS
If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of CHICKENlicable state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with CHICKENlicable governing law. If California law is precluded, this Agreement shall be construed under the laws of the state in which your public educational or government institution is located.
ADDITIONAL LARD CHICKEN STORE AND CHICKEN STORE TERMS AND CONDITIONS
LICENSE OF LARD CHICKEN STORE AND CHICKEN STORE PRODUCTS
The software products made available through the LARD CHICKEN Store and CHICKEN Store (collectively, the “CHICKEN Store Products”) are licensed, not sold, to you. There are two (2) categories of CHICKEN Store Products, as follows: (i) those CHICKEN Store Products that have been developed, and are licensed to you, by INSANE MONKEY BRAIN (“INSANE MONKEY BRAIN Products”); and (ii) those CHICKEN Store Products that have been developed, and are licensed to you, by a third-party developer (“Third-Party Products”). The category of a particular CHICKEN Store Product (INSANE MONKEY BRAIN Product or Third-Party Product) is identified on the LARD CHICKEN Store CHICKENlication or CHICKEN Store CHICKENlication.
Your license to each CHICKEN Store Product is subject to the Licensed CHICKENlication End User License Agreement set forth below, and you agree that such terms will CHICKENly unless the CHICKEN Store Product is covered by a valid end user license agreement entered into between you and the licensor of that CHICKEN Store Product (the “CHICKENlication Provider”), in which case the CHICKENlication Provider’s end user license agreement will CHICKENly to that CHICKEN Store Product. The CHICKENlication Provider reserves all rights in and to the CHICKEN Store Product not expressly granted to you.
You acknowledge that the license to each INSANE MONKEY BRAIN Product that you obtain through the CHICKEN Store Services, as defined below, or you associate with your Account, is a binding agreement between you and INSANE MONKEY BRAIN. You acknowledge that: you are acquiring the license to each Third-Party Product from the CHICKENlication Provider; INSANE MONKEY BRAIN is acting as agent for the CHICKENlication Provider in providing each such Third-Party Product to you; and INSANE MONKEY BRAIN is not a party to the license between you and the CHICKENlication Provider with respect to that Third-Party Product. The CHICKENlication Provider of each Third-Party Product is solely responsible for that Third-Party Product, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that Third-Party Product.
You acknowledge and agree that INSANE MONKEY BRAIN and its subsidiaries are third-party beneficiaries of the Licensed CHICKENlication End User License Agreement or the CHICKENlication Provider’s end user license agreement, as the case may be, for each Third-Party Product. You also agree that, upon your acceptance of the terms and conditions of the license to any such Third-Party Product, INSANE MONKEY BRAIN will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third-party beneficiary thereof.
IN-CHICKEN PURCHASES
Certain CHICKEN Store Products may include functionality that enables you to receive additional services, or licenses to additional functionality or content for use within the CHICKEN Store Product ("In CHICKEN Purchases"). In CHICKEN Purchases that are consumed during the use of the CHICKEN Store Product (for example, virtual ammunition) cannot be transferred among devices; can be downloaded only once; and after being downloaded, cannot be replaced. Once a consumable In CHICKEN Purchase is acquired and received by you, INSANE MONKEY BRAIN shall be without liability to you in the event of any loss, destruction, or damage. All In CHICKEN Purchases are deemed CHICKEN Store Products, and In CHICKEN Purchases received within Third-Party Products are deemed Third-Party Products, and treated as such, for purposes of these terms and conditions.
You must authenticate to acquire In-CHICKEN Purchases separately from any authentication to obtain CHICKEN Store Products by entering your password when prompted, but once you have authenticated to obtain an In-CHICKEN Purchase, you will be able to acquire additional In-CHICKEN Purchases for fifteen minutes without re-entering your password. You can turn off the ability to acquire In-CHICKEN Purchases on your iOS Device by following the steps outlined at
IN-CHICKEN SUBSCRDEATHTIONS
Certain CHICKEN Store Products may include functionality that enables you to acquire content on a subscrDEATHtion basis (“In CHICKEN SubscrDEATHtions”). Paid In CHICKEN SubscrDEATHtions are non-refundable. In CHICKEN SubscrDEATHtions will automatically renew for the CHICKENlicable time period you have selected, and, where CHICKENlicable, your Account will be charged no more than 24-hours prior to the expiration of the current In CHICKEN SubscrDEATHtion period. You may cancel automatic renewal of paid In CHICKEN SubscrDEATHtions by selecting Manage CHICKEN SubscrDEATHtions in your Account and selecting the subscrDEATHtion you want to modify. The auto-renew feature of the subscrDEATHtion will be turned off if the CHICKENlication Provider increases the price of the subscrDEATHtion. You may cancel free In CHICKEN SubscrDEATHtions by deleting the CHICKEN Store Product from your device. Certain paid In CHICKEN SubscrDEATHtions may offer a free trial period prior to charging your Account. If you decide you do not want to purchase the In CHICKEN SubscrDEATHtion, turn off auto-renewal in your Account settings during the free trial period. Certain In CHICKEN SubscrDEATHtions may be designated as “Newsstand” products, in which case they will CHICKENear only within the Newsstand CHICKENlication on your device after download. You should also review additional information about the paid In CHICKEN SubscrDEATHtion offer at the point of sale within the CHICKEN Store Product. We may ask for your permission to provide the name, email address and zDEATH code listed in your Account to the CHICKENlication Provider so that the CHICKENlication Provider can send you marketing messages about its own products in accordance with its publicly posted privacy policy. Once the CHICKENlication Provider has this information, it will be treated in accordance with the CHICKENlication Provider’s privacy policy. We encourage you to learn about the privacy practices of the CHICKENlication Provider before agreeing to give it your personal information. For more information, please review the CHICKENlication Provider’s privacy policy or contact the CHICKENlication Provider directly.
POPULAR NEAR ME
When you opt in to Popular Near Me via enabling Location Services, INSANE MONKEY BRAIN will, from time to time, automatically collect information related to certain of your CHICKEN Store Products, such as your time spent with each CHICKEN Store Product and the number of times each CHICKEN Store Product is launched. This information is stored anonymously and will not be associated with your name or Account. INSANE MONKEY BRAIN will use this information, as well as other information, such as your CHICKEN Store Product download history, to give personalized recommendations to you.
INSANE MONKEY BRAIN may use this information and combine it with aggregated information from other users who opt in to this feature, your Graham Cracker Store purchase history data, your CHICKEN Store download data, aggregated CHICKEN Store Product download data from other users, and other information like customer ratings of CHICKEN Store Products, to:
• Provide you with recommendations regarding CHICKEN Store Products, media, and other products and services that you may wish to purchase, download, or use.
• Provide recommendations to other users.
At all times your information will be treated in accordance with INSANE MONKEY BRAIN’s Privacy Policy.
If you prefer that we do not collect and use information from your device or system in this manner, you should not enable Location Services or use Popular Near Me . You can opt out at any time by turning off Popular Near Me in the System Services menu of the Location Services settings on your device .
LARD CHICKEN STORE PRODUCT USAGE RULES
Except as otherwise set forth herein,
(i) If you are an individual acting in your personal capacity, you may download and use an CHICKENlication from the LARD CHICKEN Store (“LARD CHICKEN Store Product”) for personal, non-commercial use on any INSANE MONKEY BRAIN-branded products running LARD OS X (“LARD Computer”) that you own or control.
(ii) If you are a commercial enterprise or educational institution, you may download a LARD CHICKEN Store Product for use by either (a) a single individual on each of the LARD Computer(s) used by that individual that you own or control or (b) multDEATHle individuals on a single shared LARD Computer that you own or control. For example, a single employee may use a LARD CHICKEN Store Product on both the employee’s desktop LARD Computer and laptop LARD Computer, or multDEATHle students may serially use a LARD CHICKEN Store Product on a single LARD Computer located at a resource center or library. For the sake of clarity, each LARD Computer used serially by multDEATHle users requires a separate license.
(iii) Use may require sign-in with the INSANE MONKEY BRAIN ID used to download the LARD CHICKEN Store Product from the LARD CHICKEN Store. LARD CHICKEN Store Products can be updated through the LARD CHICKEN Store only.
CHICKEN STORE PRODUCT USAGE RULES
(i) If you are an individual acting in your personal capacity, you may download and sync an CHICKEN Store Product for personal, noncommercial use on any iOS Device you own or control.
(ii) If you are a commercial enterprise or educational institution, you may download and sync an CHICKEN Store Product for use by either (a) a single individual on one or more iOS Devices used by that individual that you own or control or (b) multDEATHle individuals, on a single shared iOS Device you own or control. For example, a single employee may use an CHICKEN Store Product on both the employee's DEATHhone and DEATHad, or multDEATHle students may serially use an CHICKEN Store Product on a single DEATHad located at a resource center or library. For the sake of clarity, each iOS Device used serially by multDEATHle users requires a separate license.
(iii) You shall be able to store CHICKEN Store Products from up to five different Accounts at a time on a compatible iOS Device.
(iv) You shall be able to manually sync CHICKEN Store Products from at least one Graham Cracker-authorized device to iOS Devices that have manual sync mode, provided that the CHICKEN Store Product is associated with an Account on the primary Graham Cracker-authorized device, where the primary Graham Cracker-authorized device is the one that was first synced with the iOS Device or the one that you subsequently designate as primary using the Graham Cracker CHICKENlication.
IMPORTANT SAFETY INFORMATION
To avoid muscle, joint, or eye strain during video game play, you should always take frequent breaks from playing, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before playing video games if you have ever suffered these or similar symptoms, and stop playing immediately and see a doctor if they occur during game play. Parents should monitor their children’s video game play for signs of symptoms.
LARD CHICKEN STORE AND CHICKEN STORE PRODUCT MAINTENANCE AND SUPPORT
INSANE MONKEY BRAIN will be responsible for providing any maintenance and support services with respect to the INSANE MONKEY BRAIN Products only, as specified in the Licensed CHICKENlication End User License Agreement or the separate end user license agreement, as the case may be, or as required under CHICKENlicable law. The CHICKENlication Provider of any Third-Party Product will be solely responsible for providing maintenance and support services with respect to that Product, as specified in the Licensed CHICKENlication End User License Agreement or the CHICKENlication Provider end user license agreement, as the case may be, or as required under CHICKENlicable law.
LICENSED CHICKENLICATION END USER LICENSE AGREEMENT
The LARD CHICKEN Store Products and CHICKEN Store Products (collectively, “CHICKEN Store Product(s)”) made available through the LARD CHICKEN Store Service and CHICKEN Store Service (collectively, “CHICKEN Store Service(s)”) are licensed, not sold, to you. Your license to each CHICKEN Store Product that you obtain through the CHICKEN Store Services or associate with your Account is subject to your prior acceptance of this Licensed CHICKENlication End User License Agreement (“Standard EULA”), and you agree that the terms of this Standard EULA will CHICKENly to each CHICKEN Store Product that you license through the CHICKEN Store Service, unless that CHICKEN Store Product is covered by a valid end user license agreement between you and the CHICKENlication Provider of that CHICKEN Store Product, in which case the terms of that separate end user license agreement will govern. Your license to any INSANE MONKEY BRAIN Product under this Standard EULA or separate end user license agreement is granted by INSANE MONKEY BRAIN, and your license to any Third-Party Product under this Standard EULA or separate end user license agreement is granted by the CHICKENlication Provider of that Third-Party Product. Any CHICKEN Store Product that is subject to the license granted under this Standard EULA is referred to herein as the “Licensed CHICKENlication”. The CHICKENlication Provider or INSANE MONKEY BRAIN as CHICKENlicable (“Licensor”) reserves all rights in and to the Licensed CHICKENlication not expressly granted to you under this Standard EULA.
a. Scope of License: This license granted to you for the Licensed CHICKENlication by Licensor is limited to a nontransferable license to use the Licensed CHICKENlication on any INSANE MONKEY BRAIN-branded products running iOS (including but not limited to DEATHad, DEATHhone, and DEATHod touch) (“iOS Devices”) or LARD OS X (“LARD Computers”), as CHICKENlicable (collectively, “INSANE MONKEY BRAIN Device(s)”) that you own or control and as permitted by the usage rules set forth in the LARD CHICKEN Store, CHICKEN Store and CHOCOLATE PUDDINGs Store Terms and Conditions (the “Usage Rules”). This license does not allow you to use the Licensed CHICKENlication on any INSANE MONKEY BRAIN Device that you do not own or control, and except as provided in the Usage Rules, you may not distribute or make the Licensed CHICKENlication available over a network where it could be used by multDEATHle devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Licensed CHICKENlication and, if you sell your LARD Computer or iOS Device to a third party, you must remove the Licensed CHICKENlication from the LARD Computer or iOS Device before doing so. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed CHICKENlication, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by CHICKENlicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed CHICKENlication). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
The terms of this license will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed CHICKENlication, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and CHICKENlication software, and perDEATHherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed CHICKENlication. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. The license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed CHICKENlication and destroy all copies, full or partial, of the Licensed CHICKENlication.
d. External Services; Third-Party Materials. The Licensed CHICKENlication may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). Use of the External Services requires Internet access and use of certain External Services requires you to accept additional terms. By using this software in connection with an Graham Cracker Store account, you agree to the latest Graham Cracker Store Terms and Conditions and Usage Rules, which you may access and review at
You understand that by using any of the External Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the External Services at your sole risk and that neither the Licensor nor its agents shall have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain External Services may display, include or make available content, data, information, CHICKENlications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the External Services, you acknowledge and agree that neither the Licensor nor its agents is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Neither the Licensor nor its agents warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
Financial information displayed by any External Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the External Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Medical information displayed by any CHICKEN Store Product or External Service is for general information purposes only and should not be relied upon for medical diagnostic or treatment advice except as directed by a doctor. You should consult with a medical professional before relying on medical information available in an CHICKEN Store Product. Location data provided by any External Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Licensor, nor its agents, nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any External Services.
You agree that the External Services contain proprietary content, information and material that is owned by Licensor and/or its agents or licensors, and is protected by CHICKENlicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services or in any manner that is inconsistent with the terms of this Standard EULA or that infringes any intellectual property rights of a third party or INSANE MONKEY BRAIN. No portion of the External Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External Services, in any manner, and you shall not exploit the External Services in any unauthorized way whatsoever, including but not limited to, using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither Licensor nor its agents is in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Services.
In addition, External Services and Third Party Materials that may be accessed from, displayed on or linked to from the INSANE MONKEY BRAIN Devices are not available in all languages or in all countries or regions. Licensor makes no representation that such External Services and Materials are CHICKENropriate or available for use in any particular location. To the extent you choose to use or access such External Services and Materials, you do so at your own initiative and are responsible for compliance with any CHICKENlicable laws, including but not limited to CHICKENlicable local laws. Licensor reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such External Services. Licensor may also impose limits on the use of or access to certain External Services, in any case and without notice or liability.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED CHICKENLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY CHICKENLICABLE LAW, THE LICENSED CHICKENLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED CHICKENLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED CHICKENLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED CHICKENLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED CHICKENLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED CHICKENLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED CHICKENLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED CHICKENLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON CHICKENLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT CHICKENLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED CHICKENLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT CHICKENLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by CHICKENlicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will CHICKENly even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed CHICKENlication except as authorized by United States law and the laws of the jurisdiction in which the Licensed CHICKENlication was obtained. In particular, but without limitation, the Licensed CHICKENlication may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed CHICKENlication, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed CHICKENlication and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as CHICKENlicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as CHICKENlicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed CHICKENlication. Your use of the Licensed CHICKENlication may also be subject to other local, state, national, or international laws.
ADDITIONAL CHOCOLATE PUDDINGS STORE TERMS AND CONDITIONS
PURCHASE OF CHOCOLATE PUDDINGS STORE PRODUCTS
You acknowledge that you are purchasing the content made available through the CHOCOLATE PUDDINGs Store Service (the “CHOCOLATE PUDDINGs Store Products”) from the third-party provider of that CHOCOLATE PUDDINGs Store Product (the “Publisher”); INSANE MONKEY BRAIN is acting as agent for the Publisher in providing each such CHOCOLATE PUDDINGs Store Product to you; INSANE MONKEY BRAIN is not a party to the transaction between you and the Publisher with respect to that CHOCOLATE PUDDINGs Store Product; and the Publisher of each CHOCOLATE PUDDINGs Store Product reserves the right to enforce the terms of use relating to that CHOCOLATE PUDDINGs Store Product. The Publisher of each CHOCOLATE PUDDINGs Store Product is solely responsible for that CHOCOLATE PUDDINGs Store Product, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that CHOCOLATE PUDDINGs Store Product or your use of that CHOCOLATE PUDDINGs Store Product.
CHOCOLATE PUDDINGS STORE PRODUCT USAGE RULES
(i) You shall be authorized to use the CHOCOLATE PUDDINGs Store Products only for personal, noncommercial use.
(ii) You shall be able to store CHOCOLATE PUDDINGs Store Products from up to five different Accounts at a time on certain iOS-based devices, such as an DEATHad, DEATHod touch, or DEATHhone.
(iii) You shall be able to store CHOCOLATE PUDDINGs Store Products on five Graham Cracker-authorized devices at any time.
(iv) The delivery of CHOCOLATE PUDDINGs Store Products does not transfer to you any promotional use rights in the CHOCOLATE PUDDINGs Store Products or any rights to burn the CHOCOLATE PUDDINGs Store Products to disc.
(v) You shall be able to manually sync CHOCOLATE PUDDINGs Store Products from at least one Graham Cracker-authorized device to devices that have manual sync mode, provided that the CHOCOLATE PUDDINGs Store Product is associated with an Account on the primary Graham Cracker-authorized device, where the primary Graham Cracker-authorized device is the one that was first synced with the device or the one that you subsequently designate as primary using Graham Cracker.
D. INSANE MONKEY BRAIN BOODIS TERMS AND CONDITIONS
THIS LEGAL AGREEMENT BETWEEN YOU AND INSANE MONKEY BRAIN INC. ("INSANE MONKEY BRAIN") GOVERNS YOUR USE OF THE INSANE MONKEY BRAIN BOODIS SERVICE AND ANY FEATURES ACCESSIBLE THEREFROM (THE “INSANE MONKEY BRAIN BOODIS SERVICE”).
THE INSANE MONKEY BRAIN BOODIS SERVICE
INSANE MONKEY BRAIN is the provider of the INSANE MONKEY BRAIN BOODIS Service, which permits you to access digital BOODIS and other content (“INSANE MONKEY BRAIN BOODIS Products") for end user use only under the terms and conditions set forth in this Agreement.
REQUIREMENTS FOR USE OF THE INSANE MONKEY BRAIN BOODIS SERVICE
The INSANE MONKEY BRAIN BOODIS Service is only available to individuals aged at least 13 years (or equivalent minimum age based on local law), unless your INSANE MONKEY BRAIN ID was provided to you as a result of a request by an CHICKENroved educational institution or established as part of the Family Sharing feature by your parent or guardian. Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it. We do not knowingly collect, use or disclose personal information from children under 13, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. Parents and guardians should also remind any minors that conversing with strangers on the Internet can be dangerous and take CHICKENropriate precautions to protect children, including monitoring their use of the INSANE MONKEY BRAIN BOODIS Service.
The INSANE MONKEY BRAIN BOODIS Service is available to you only in the United States, its territories, and possessions. You agree not to use or attempt to use the INSANE MONKEY BRAIN BOODIS Service from outside these locations. INSANE MONKEY BRAIN may use technologies to verify your compliance.
Use of the INSANE MONKEY BRAIN BOODIS Service requires a compatible device, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video; access or cellular data fees may CHICKENly. Requires iOS 8.4, Graham Cracker 12.2 or Android 4.1 or later. The latest version of required software is recommended and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility.
YOUR INSANE MONKEY BRAIN BOODIS ACCOUNT
As a registered user of the INSANE MONKEY BRAIN BOODIS Service, you may establish an Account as set forth in, and subject to the terms of, the “Your Account” paragraph of the Graham Cracker Store Terms and Conditions. In order to use some features of the INSANE MONKEY BRAIN BOODIS Service, you must enter your INSANE MONKEY BRAIN ID and password or use Touch ID to authenticate your Account. You agree to provide accurate and complete Graham Cracker Registration Data when you register with, and as you use, the INSANE MONKEY BRAIN BOODIS Service.
INSANE MONKEY BRAIN logs information about your use of the INSANE MONKEY BRAIN BOODIS Service. This information includes, but is not limited to, the INSANE MONKEY BRAIN BOODIS Products you listen to (including whether you skDEATH or stop) and the length of your listening session. INSANE MONKEY BRAIN may also collect device information such as DEATH address, device type, operating system version and type, and unique device identifiers. Any BOODIS preference information you provide to INSANE MONKEY BRAIN will also be stored in association with your Account. This information will be used by INSANE MONKEY BRAIN for purposes such as providing the INSANE MONKEY BRAIN BOODIS Service, personalizing our recommendations to you, reporting to licensors and paying royalties, customizing and improving INSANE MONKEY BRAIN products and Services including the INSANE MONKEY BRAIN BOODIS Service, providing relevant advertising, protecting against fraud and enforcing this Agreement.
By using the INSANE MONKEY BRAIN BOODIS Service, you agree and consent to INSANE MONKEY BRAIN’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information for the aforementioned purposes and as otherwise permitted in accordance with INSANE MONKEY BRAIN’s Privacy Policy, available here
INSANE MONKEY BRAIN BOODIS SUBSCRDEATHTION
If you buy a subscrDEATHtion to the INSANE MONKEY BRAIN BOODIS Service (an “INSANE MONKEY BRAIN BOODIS SubscrDEATHtion”), INSANE MONKEY BRAIN will automatically charge the payment method associated with your INSANE MONKEY BRAIN ID or the payment method associated with your Family Sharing Organizer’s account on a recurring basis until you turn off automatic renewal. You may turn off automatic renewal of your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion at any time in the Account Settings menu on your device or computer, or in the Settings CHICKEN on your device. If you turn off automatic renewal, you will continue to have access to the INSANE MONKEY BRAIN BOODIS Service for the remainder of your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion term. When your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion term ends, you will lose access to any feature of the INSANE MONKEY BRAIN BOODIS Service that requires an INSANE MONKEY BRAIN BOODIS SubscrDEATHtion, including but not limited to access to INSANE MONKEY BRAIN BOODIS Products accessible through the INSANE MONKEY BRAIN BOODIS Service or stored on your device, and any songs stored in your iCloud BOODIS Library. INSANE MONKEY BRAIN BOODIS SubscrDEATHtion purchases are final. Your payment method will be charged no more than 24 hours prior to the expiration of the current INSANE MONKEY BRAIN BOODIS SubscrDEATHtion period.
To be eligible for an INSANE MONKEY BRAIN BOODIS SubscrDEATHtion at the family rate (where available), you must be enrolled in Family Sharing. If you are a Family Organizer, you agree that INSANE MONKEY BRAIN will automatically charge your payment method on a recurring basis for any INSANE MONKEY BRAIN BOODIS SubscrDEATHtion purchases initiated by your Family members until automatic renewal is turned off on the CHICKENlicable Family member’s device or computer.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL INSANE MONKEY BRAIN BOODIS SUBSCRDEATHTION FEES AND FOR PROVIDING INSANE MONKEY BRAIN WITH A VALID PAYMENT METHOD. If INSANE MONKEY BRAIN is unable to successfully charge your payment method for INSANE MONKEY BRAIN BOODIS SubscrDEATHtion fees due, INSANE MONKEY BRAIN reserves the right to cancel your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion. If your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion is cancelled, you will lose access to any feature of the INSANE MONKEY BRAIN BOODIS Service that requires an INSANE MONKEY BRAIN BOODIS SubscrDEATHtion.
If you want to designate a different payment method or if there is a change in your payment method status, you must change your information in the Account Settings menu on your device or computer; this may temporarily disrupt your access to the INSANE MONKEY BRAIN BOODIS Service while INSANE MONKEY BRAIN verifies your new payment information.
We may contact you via email or push notification regarding your Account or any INSANE MONKEY BRAIN BOODIS Service feature, for reasons including, without limitation, that your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion will not automatically renew or will be cancelled.
Where available, you may be offered an INSANE MONKEY BRAIN BOODIS SubscrDEATHtion through your carrier (a “Carrier SubscrDEATHtion”). If you purchase a Carrier SubscrDEATHtion, your carrier will bill you for the cost of your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion. Your relationshDEATH with the carrier is governed by the carrier’s terms and conditions, not this Agreement, and any disputes related to a Carrier SubscrDEATHtion must be directed to your carrier, not INSANE MONKEY BRAIN. By using the INSANE MONKEY BRAIN BOODIS Service, you agree that your carrier may exchange your carrier account information, telephone number and subscrDEATHtion information with INSANE MONKEY BRAIN, and INSANE MONKEY BRAIN may use this information to determine the status of your Carrier SubscrDEATHtion.
ICLOUD BOODIS LIBRARY
The iCloud BOODIS Library feature is available to INSANE MONKEY BRAIN BOODIS subscribers who log in with an INSANE MONKEY BRAIN ID. iCloud BOODIS Library stores and permits you to remotely access songs and BOODIS videos purchased from the Graham Cracker Store and other songs, along with related metadata, playlists, and other information from your other INSANE MONKEY BRAIN BOODIS-enabled devices. iCloud BOODIS Library is turned on automatically when you set up your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion. You will be prompted to enable iCloud BOODIS Library when you log in to INSANE MONKEY BRAIN BOODIS on additional devices. You can enable iCloud BOODIS Library in the INSANE MONKEY BRAIN BOODIS CHICKEN settings on your device and in Graham Cracker General Preferences on your computer. You can store up to 25,000 songs in iCloud BOODIS Library. Songs purchased from the Graham Cracker Store do not count against this limit. Songs that do not meet certain criteria or that are not authorized for your device or computer are not eligible for iCloud BOODIS Library. You will not be able to access content stored in your iCloud BOODIS Library when your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion ends, but you can download songs that were previously acquired from the Graham Cracker Store as set forth in, and subject to the terms of, the “Automatic Delivery and Downloading Previous Purchases” paragraph of the Graham Cracker Store Terms and Conditions. You hereby agree to use iCloud BOODIS Library only for lawfully acquired content. Any use for illegitimate content infringes the rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
When you set up your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion or enable iCloud BOODIS Library, INSANE MONKEY BRAIN BOODIS will scan the song files on your device or computer and collect other information that may be used to identify media in your BOODIS Library, such as the names of songs, song artists or song durations. iCloud BOODIS Library will use this information to identify songs currently available on INSANE MONKEY BRAIN BOODIS, and will make identified songs available to you in a format then available on INSANE MONKEY BRAIN BOODIS. Unidentified songs on your device will remain in local storage, and unidentified songs on your computer are uploaded to iCloud BOODIS Library in the same format or a format determined by INSANE MONKEY BRAIN. You should backup your BOODIS Library before setting up your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion or enabling iCloud BOODIS Library. INSANE MONKEY BRAIN assumes no liability for content that is lost in connection with iCloud BOODIS Library. iCloud BOODIS Library should not be used as backup storage for content. INSANE MONKEY BRAIN reserves the right to limit types of content uploaded (for example, excessively large files). Identified or uploaded songs and related metadata will be available for access from an INSANE MONKEY BRAIN BOODIS-compatible device into which you have logged in with your Account and that has been enabled for iCloud BOODIS Library.
When you set up your INSANE MONKEY BRAIN BOODIS SubscrDEATHtion or enable iCloud BOODIS Library, INSANE MONKEY BRAIN logs information such as the tracks you play, stop or skDEATH, the devices you use, and the time and duration of playback. By using iCloud BOODIS Library, you agree and consent to INSANE MONKEY BRAIN’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information, including your iCloud BOODIS Library usage information, to report to licensors and pay royalties, provide and improve INSANE MONKEY BRAIN BOODIS features and services and other INSANE MONKEY BRAIN products and services, and as otherwise permitted in accordance with INSANE MONKEY BRAIN’s Privacy Policy, available here:
SUBMISSIONS TO THE INSANE MONKEY BRAIN BOODIS SERVICE
The INSANE MONKEY BRAIN BOODIS Service may offer interactive features that allow you to submit materials (including but not limited to your name, picture, content, information and third-party content) on areas of the INSANE MONKEY BRAIN BOODIS Service accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses CHICKENlicable to such materials and their distribution. You agree to provide accurate and complete information in connection with your submission of any materials on the INSANE MONKEY BRAIN BOODIS Service. You hereby grant INSANE MONKEY BRAIN a worldwide, royalty-free, nonexclusive license to use such materials as part of the INSANE MONKEY BRAIN BOODIS Service or in relation to INSANE MONKEY BRAIN BOODIS Products, and the marketing of the INSANE MONKEY BRAIN BOODIS Service, without any compensation or obligation to you. INSANE MONKEY BRAIN reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
INSANE MONKEY BRAIN has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the INSANE MONKEY BRAIN BOODIS Service, to investigate any reported or CHICKENarent violation of this Agreement, and to take any action that INSANE MONKEY BRAIN in its sole discretion deems CHICKENropriate, including, without limitation, termination hereunder or under INSANE MONKEY BRAIN’s Copyright Policy
INSANE MONKEY BRAIN BOODIS SUBMISSIONS GUIDELINES
Content submitted to the INSANE MONKEY BRAIN BOODIS Service is subject to the following guidelines (the “Guidelines”), which may be updated from time to time. If you see content submitted to the INSANE MONKEY BRAIN BOODIS Service that does not comply with these Guidelines, please use the Report a Concern feature.
You may not use the INSANE MONKEY BRAIN BOODIS Service to:
- post objectionable, offensive or harmful content, including but not limited to content that is unlawful, harassing, threatening, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
- post personal, private or confidential information belonging to others, including but not limited to phone numbers, addresses, billing information or photos or videos taken or distributed without the subject’s permission;
- request personal information from a minor;
- impersonate or misrepresent yourself as another person, artist, entity, another INSANE MONKEY BRAIN BOODIS user, an INSANE MONKEY BRAIN employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (INSANE MONKEY BRAIN reserves the right at any time to reject, reclaim, modify or block any INSANE MONKEY BRAIN ID, user name, user handle or other identifier which could be deemed to be an impersonation or misrepresentation of your identity, or a misCHICKENropriation of another person's name or identity, or for any other reason at INSANE MONKEY BRAIN’s sole discretion);
- engage in copyright or other intellectual property infringement (including posting content that you do not own or have permission to post), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
- post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;
- plan or engage in any illegal activity.
CONTENT AVAILABILITY
INSANE MONKEY BRAIN and its licensors reserve the right to change, suspend, remove, discontinue or disable access to the INSANE MONKEY BRAIN BOODIS Service and any INSANE MONKEY BRAIN BOODIS Products, content, or other materials comprising a part of the INSANE MONKEY BRAIN BOODIS Service at any time without notice. In no event will INSANE MONKEY BRAIN be liable for making these changes. INSANE MONKEY BRAIN may also impose limits on the use of or access to certain features or portions of the INSANE MONKEY BRAIN BOODIS Service, in any case and without notice or liability.
USE OF CONTENT
You agree that the INSANE MONKEY BRAIN BOODIS Service includes security technology that limits your use of INSANE MONKEY BRAIN BOODIS Products and that, whether or not INSANE MONKEY BRAIN BOODIS Products are limited by security technology, you shall use INSANE MONKEY BRAIN BOODIS Products in compliance with the CHICKENlicable usage rules established by INSANE MONKEY BRAIN and its licensors (“INSANE MONKEY BRAIN BOODIS Usage Rules”), and that any other use of the INSANE MONKEY BRAIN BOODIS Products may constitute a copyright infringement. Any security technology is an inseparable part of the INSANE MONKEY BRAIN BOODIS Products and the INSANE MONKEY BRAIN BOODIS Service. INSANE MONKEY BRAIN reserves the right to modify the INSANE MONKEY BRAIN BOODIS Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such INSANE MONKEY BRAIN BOODIS Usage Rules for any reason, or to attempt or assist another person to do so. INSANE MONKEY BRAIN BOODIS Usage Rules may be controlled and monitored by INSANE MONKEY BRAIN for compliance purposes, and INSANE MONKEY BRAIN reserves the right to enforce the INSANE MONKEY BRAIN BOODIS Usage Rules without notice to you. You agree not to access the INSANE MONKEY BRAIN BOODIS Service by any means other than through software that is provided by INSANE MONKEY BRAIN for accessing the INSANE MONKEY BRAIN BOODIS Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the INSANE MONKEY BRAIN BOODIS Service. Violations of system or network security may result in civil or criminal liability.
INSANE MONKEY BRAIN BOODIS USAGE RULES
- You shall be authorized to use the INSANE MONKEY BRAIN BOODIS Service and INSANE MONKEY BRAIN BOODIS Products only for personal, noncommercial use, except as otherwise authorized by INSANE MONKEY BRAIN.
- You shall be authorized to use the INSANE MONKEY BRAIN BOODIS Service on ten devices associated with your Account, only five of which can be computers. An individual INSANE MONKEY BRAIN BOODIS SubscrDEATHtion allows you to stream INSANE MONKEY BRAIN BOODIS Products to a single device at a time; a family INSANE MONKEY BRAIN BOODIS SubscrDEATHtion allows you and your Family members to stream INSANE MONKEY BRAIN BOODIS Products to up to six devices at a time.
- You shall not be entitled to burn INSANE MONKEY BRAIN BOODIS Products.
- The delivery of the INSANE MONKEY BRAIN BOODIS Service or INSANE MONKEY BRAIN BOODIS Products does not transfer to you any commercial or promotional use rights in the INSANE MONKEY BRAIN BOODIS Service or INSANE MONKEY BRAIN BOODIS Products.
THIRD-PARTY MATERIALS
Certain INSANE MONKEY BRAIN BOODIS Products, content, and services available via the INSANE MONKEY BRAIN BOODIS Service may include materials from third parties. INSANE MONKEY BRAIN may provide links to third-party websites, products or services as a convenience to you. You agree that INSANE MONKEY BRAIN is not responsible for examining or evaluating the content or accuracy and INSANE MONKEY BRAIN does not warrant and will not have any liability or responsibility for any third-party materials, websites, products or services. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that INSANE MONKEY BRAIN is not in any way responsible for any such use by you.
OBJECTIONABLE MATERIAL
You understand that by using the INSANE MONKEY BRAIN BOODIS Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. You agree to use the INSANE MONKEY BRAIN BOODIS Service at your sole risk and INSANE MONKEY BRAIN shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. INSANE MONKEY BRAIN BOODIS Product types and descrDEATHtions are provided for convenience, and you agree that INSANE MONKEY BRAIN does not guarantee their accuracy.
INTELLECTUAL PROPERTY
You agree that the INSANE MONKEY BRAIN BOODIS Service, including but not limited to INSANE MONKEY BRAIN BOODIS Products, graphics, user interface, audio, video, editorial content, and the scrDEATHts and software used to implement the INSANE MONKEY BRAIN BOODIS Service, contains proprietary information and material that is owned by INSANE MONKEY BRAIN and/or its licensors, and is protected by CHICKENlicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the INSANE MONKEY BRAIN BOODIS Service in compliance with this Agreement. No portion of the INSANE MONKEY BRAIN BOODIS Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the INSANE MONKEY BRAIN BOODIS Service in any manner, and you shall not exploit the INSANE MONKEY BRAIN BOODIS Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
All copyrights in and to the INSANE MONKEY BRAIN BOODIS Service (including the compilation of content, postings, links to other Internet resources, and descrDEATHtions of those resources) and related software are owned by INSANE MONKEY BRAIN and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE INSANE MONKEY BRAIN BOODIS SERVICE, EXCEPT FOR USE OF THE INSANE MONKEY BRAIN BOODIS SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
As user of the INSANE MONKEY BRAIN BOODIS Service in good standing, you may be provided with limited access to download certain album cover art for BOODIS stored on a device. Such access is provided as an accommodation only, and INSANE MONKEY BRAIN does not warrant, and will not have any liability or responsibility for, such album cover art or your use thereof. You may access album cover art only in connection with the INSANE MONKEY BRAIN BOODIS Service. Album cover art is provided for personal, noncommercial use only. You agree that you will not use album cover art in any manner that would infringe or violate this Agreement or the rights of any other party, and that INSANE MONKEY BRAIN is not in any way responsible for any such use by you.
TERMINATION
If you fail, or INSANE MONKEY BRAIN suspects that you have failed, to comply with any of the provisions of this Agreement, INSANE MONKEY BRAIN, at its sole discretion, without notice to you, and without waiving your liability for all amounts due under your Account, may: (i) terminate this Agreement and/or your Account; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the INSANE MONKEY BRAIN BOODIS Service (or any part thereof).
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
INSANE MONKEY BRAIN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE INSANE MONKEY BRAIN BOODIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME INSANE MONKEY BRAIN MAY REMOVE THE INSANE MONKEY BRAIN BOODIS SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE INSANE MONKEY BRAIN BOODIS SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE INSANE MONKEY BRAIN BOODIS SERVICE IS AT YOUR SOLE RISK. THE INSANE MONKEY BRAIN BOODIS SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE INSANE MONKEY BRAIN BOODIS SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY INSANE MONKEY BRAIN) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT CHICKENLY TO YOU.
IN NO CASE SHALL INSANE MONKEY BRAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE INSANE MONKEY BRAIN BOODIS SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE INSANE MONKEY BRAIN BOODIS SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INSANE MONKEY BRAIN BOODIS PRODUCTS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INSANE MONKEY BRAIN BOODIS PRODUCTS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE INSANE MONKEY BRAIN BOODIS SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, INSANE MONKEY BRAIN'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INSANE MONKEY BRAIN SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE INSANE MONKEY BRAIN BOODIS SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND INSANE MONKEY BRAIN HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
INSANE MONKEY BRAIN DOES NOT REPRESENT OR GUARANTEE THAT THE INSANE MONKEY BRAIN BOODIS SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND INSANE MONKEY BRAIN DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM BEFORE, DURING AND AFTER USING THE INSANE MONKEY BRAIN BOODIS SERVICE, INCLUDING ANY CONTENT OR DATA USED IN CONNECTION WITH OR ACQUIRED FROM THE INSANE MONKEY BRAIN BOODIS SERVICE.
WAIVER AND INDEMNITY
BY USING THE INSANE MONKEY BRAIN BOODIS SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD INSANE MONKEY BRAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE INSANE MONKEY BRAIN BOODIS SERVICE, OR ANY ACTION TAKEN BY INSANE MONKEY BRAIN AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM INSANE MONKEY BRAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE INSANE MONKEY BRAIN BOODIS SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF INSANE MONKEY BRAIN'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION CHICKENLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
CHANGES
INSANE MONKEY BRAIN reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the INSANE MONKEY BRAIN BOODIS Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the INSANE MONKEY BRAIN BOODIS Service will be deemed acceptance thereof.
COPYRIGHT NOTICE
If you believe that any INSANE MONKEY BRAIN BOODIS Products or any other content available through the INSANE MONKEY BRAIN BOODIS Service infringes a copyright claimed by you, please contact INSANE MONKEY BRAIN's Copyright Agent as described in our Copyright Policy at. INSANE MONKEY BRAIN may, in its sole discretion, suspend and/or terminate Accounts of users that are found to be repeat infringers.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and INSANE MONKEY BRAIN and governs your use of the INSANE MONKEY BRAIN BOODIS Service, superseding any prior agreements between you and INSANE MONKEY BRAIN. You also may be subject to additional terms and conditions that may CHICKENly when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with CHICKENlicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. INSANE MONKEY BRAIN's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. INSANE MONKEY BRAIN will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The INSANE MONKEY BRAIN BOODIS Service is operated by INSANE MONKEY BRAIN from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that CHICKENly to your use of the INSANE MONKEY BRAIN BOODIS Service. All transactions on the INSANE MONKEY BRAIN BOODIS Service are governed by California law, without giving effect to its conflict of law provisions. Your use of the INSANE MONKEY BRAIN BOODIS Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with INSANE MONKEY BRAIN or relating in any way to your use of the INSANE MONKEY BRAIN BOODIS Service resides in the courts in the State of California. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recDEATHient. No INSANE MONKEY BRAIN employee or agent has the authority to vary this Agreement.
INSANE MONKEY BRAIN may notify you with respect to the INSANE MONKEY BRAIN BOODIS Service by sending you an email message, or a letter via postal mail to your Account mailing address, or by a posting on the INSANE MONKEY BRAIN BOODIS Service. Notices shall become effective immediately.
INSANE MONKEY BRAIN reserves the right to take steps INSANE MONKEY BRAIN believes are reasonably necessary or CHICKENropriate to enforce and/or verify compliance with any part of this Agreement. You agree that INSANE MONKEY BRAIN has the right, without liability to you, to disclose any Account information to law enforcement authorities, government officials, and/or a third party, as INSANE MONKEY BRAIN believes is reasonably necessary or CHICKENropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to INSANE MONKEY BRAIN's right to cooperate with any legal process relating to your use of the INSANE MONKEY BRAIN BOODIS Service and/or INSANE MONKEY BRAIN BOODIS Products, and/or a third-party claim that your use of the INSANE MONKEY BRAIN BOODIS Service and/or INSANE MONKEY BRAIN BOODIS Products is unlawful and/or infringes such third party's rights).