The Pocket-Monkey Service ("Service"), owned and operated by T.J. Crowder and Jock Murphy ("PM"), is provided to you ("Player") under the terms and conditions of this Pocket-Monkey Terms of Service (PMTS) and any operating rules or policies that may be published by PM. The PMTS comprises the entire agreement between Player and PM and supersedes all prior agreements between the parties regarding the subject matter contained herein.

PM is providing Player with a game service via the World Wide Web and on PM's own system. Player must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone service fees associated with such access.

In consideration for this Service, Player agrees to: (1) provide certain current, complete, and accurate information about Player as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). If any information provided by Player is inaccurate, PM retains the right to terminate Player's membership and rights to use the Service. PM will not disclose Registration Data in accordance with Section 5 "Privacy Policy" of this Agreement.

PM may change the terms and conditions of the PMTS from time to time. Upon any change in the terms and conditions of the PMTS, PM will make a good faith effort to notify Player via email.

Player's continued use of the Service constitutes an affirmative: (1) acknowledgment by Player of the PMTS and its modifications; and (2) agreement by Player to abide and be bound by the PMTS and its modifications.

PM reserves the right to modify or discontinue the Service with or without notice to Player. PM shall not be liable to Player or any third party should PM exercise its right to modify or discontinue the Service.

PM's Privacy Policy is here.

Player acknowledges and agrees that PM neither endorses the contents of any Player communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

Player acknowledges and agrees that, due to circumstances beyond PM's control, it may be impossible to maintain the absolute confidentiality of private messages written via the Service. Player acknowledges and agrees not to discuss sensitive subjects in the private message areas on the Service. PM assumes no liability for loss or damage resulting from a breach of said confidentiality. However, it is the policy of PM not to monitor, edit or disclose the contents of private messages other than (1) what is technically necessary to process those messages, or (2) in accordance with this Section 5.

Player acknowledges and agrees that certain technical processing of messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.

Player agrees to provide PM with a valid email address for an email account from which Player routinely and regularly receives and reads email messages. Player agrees not to prevent email messages originating from PM from being delivered to said account and read, and Player realizes this may require that they explicitly "whitelist" PM with their email filters (depending on the nature of those filters). (Player is reminded that Player may "opt out" of all messages from PM except notifications of changes to policies.) Player agrees to keep the email address on record with PM up-to-date in case of changes. PM reserves the right to terminate Service should Player not be reachable on the email address on their account.

Once you become a member of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time by following instructions.

Player agrees to immediately notify PM of any unauthorized use of Player's account or any other breach of security known to Player.

Player agrees to create only one account per computer on PM unless authorized in writing by an PM staff member to do otherwise.

PM will only discuss this account with the email address registered on the account. Requests for information or action from other email accounts will be declined.

Player is solely responsible for the contents of his or her transmissions through the Service. Player's use of the Service is subject to all applicable local, state, national and international laws and regulations.

Player agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.

The Service makes use of the Internet to send and receive certain messages; therefore, Player's conduct is subject to Internet regulations, policies and procedures. Player will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.

Player agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Player further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.

Player agrees to create only one account per person on PM unless authorized in writing by an PM staff member to do otherwise.

Player agrees not to interfere with another Player's use and enjoyment of the Service or another entity's use and enjoyment of similar services.

Player agrees to obey the House Rules.

We request that players not use the site to solicit chats of a sexual nature, and we reserve the right to block such players.

PM may, at its sole discretion, immediately terminate Service should Player's conduct fail to conform with these terms and conditions of the PMTS.

Player agrees not to cheat, or attempt to cheat, in games played on the site, including but not limited to exploiting (or attempting to exploit) flaws in the site. Should a player be caught cheating, PM may at its sole discretion immediately end a game or games(s) in favor of another player (or no player) and/or terminate Service. PM is the sole and final arbiter of the definition of "cheat" and "cheating" for the purposes of the PMTS.

PM reserves the right (but not the responsibility) to modify or delete any message or other communication on the site. Although mostly concerned with public communication, this can apply to private communication on the site as well.

MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

PM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

PM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

PM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

NO DEVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM PM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

PM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF PM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Player's right to use the Service is personal to Player. Player may only be an individual: Player may not be a corporation or other business entity. Player agrees not to resell or make any commercial use of the Service, without the express consent of PM.

PM assumes no responsibility for the deletion of or failure to store games or messages.

Player agrees to indemnify and hold PM, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Player's use of the Service, the violation of this PMTS by Player, or the infringement by Player, or other user of the Service using Player's computer, of any intellectual property or other right of any person or entity.

Either Player or PM may terminate the Player's Account at any time and for any reason. Once a Player's Account is terminated, that Player may not access Service in any manner or for any reason without the express written consent of PM, and Player cannot assist in enabling a terminated Player to access Servie using or via Player's account.

Player acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Player by the Service ("Content") by PM or PM's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Player is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Player may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.

This Agreement shall be governed by and construed in accordance with the laws of the state of Oregon, and Player agrees to submit to the personal jurisdiction of the state of Oregon for any cause or action arising out of this Agreement. In the even that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.