Terms of Service

1.Acceptance of terms

These Terms are a contract between you and Lumvex Labs, Inc (“we”, “us”), the publisher of Mighty Little Monkey: New Journey to the West. They apply when you use this website, the Mighty Little Monkey app, or anything you buy from either.

By using the website or the app you accept these Terms. If you do not accept them, do not use them.

Our Privacy Policy forms part of this agreement.

2.Eligibility

You must be 18, or the age of majority where you live, to agree to these Terms. Mighty Little Monkey is read by language learners of every age, children among them. Where the reader is a child, it is a parent or guardian who enters into this agreement — not the child.

If you let a child use Mighty Little Monkey, you accept these Terms on their behalf, you are responsible for their use of it, and you are responsible for purchases made on your device or with your store account.

Purchases sit behind an adult gate. That gate is there to stop a young child buying something by accident; it is not a substitute for the parental controls your device offers, which we encourage you to turn on.

3.Licence to the app (end-user licence)

The app is licensed to you, not sold. Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use one copy of the Mighty Little Monkeyapp on devices you own or control, and to read the books you have unlocked, for your household’s personal, non-commercial use.

Licence restrictions

• Copying, extracting, recording, screen-capturing or re-uploading the books, illustrations, narration audio or translations, in whole or in part;
• Selling, renting, lending, sublicensing or sharing your access, or distributing the content to anyone outside your household;
• Public performance or display — including reading the books aloud to an audience in a recording, broadcast or paid setting, except as allowed for classrooms and libraries below;
• Using the content to train, fine-tune or evaluate a machine-learning model;
• Reproducing our character designs — the 3D models and the costume, clothing, ornament and colour designs we drew for them — as a physical or digital article of any kind: toys, figurines, plush, models, prints, posters, decorations, stickers, clothing, party goods, 3D-printed or laser-cut objects, or anything comparable, whether or not it is sold, and whether made from our files or modelled, drawn or generated to resemble them. The underlying figures of Journey to the West are public domain and anyone may depict them; what this restricts is copying our version of them;
• Reverse-engineering, decompiling or modifying the app, or defeating any technical measure that controls access to content;
• Scraping, bulk-downloading, or automating access to the app or the website; and
• Removing or altering any copyright notice or copy-protection identifier.

Schools, libraries and language teachers

A teacher or librarian may read our books aloud to the children in their own class or storytime session, from a copy they have unlocked, without a separate licence — including a live or recorded session limited to that class. This does not cover publishing a reading to the open internet, charging admission, or giving several readers their own access.

Beyond that, a personal licence does not cover classroom teaching or library lending — but we want you to have one that does. Tell us what you need and we will licence it properly, at a group discount priced to the number of readers. We would rather say yes than have you guess.

4.Purchases in the app

Book 1 free, in every language — everything beyond that is unlocked by buying a pass.

Passes are one-off purchases. There is no subscription and nothing auto-renews. You are never charged again for content you have already bought.

Types of pass

• Season passes unlock every book in one season. All access unlocks all 50 books, including seasons published later.
• Prices are shown in the app before you buy, in your local currency, and are set in the app store. We may change prices for future purchases; what you have already bought is unaffected.
• Payment is taken by the app store, under its terms, not by us.
• Purchases can be restored on another device signed in to the same app store account, using Restore purchases. Because the app has no accounts, a purchase cannot be carried across to a different store — one storefront cannot see another’s receipts.

Season passes and All access do not combine

The two kinds of pass are separate purchases, and buying one does not discount the other. If you buy one or more season passes and later buy All access, the season passes you already bought are not refunded, credited or deducted from the price of All access — you will have paid for both. Deciding which to buy is your choice to make before you buy: All access costs less than 5season passes bought separately, so if you expect to read more than a season or two, buy it first. Prices for both are shown in the app before you confirm. Once a purchase goes through we cannot convert it, and the app store’s refund policy is what applies.

Refunds

Refunds for in-app purchases are handled by the app store under its own policy, and we cannot issue them directly. If a purchase did not unlock what it should have, write to the contact form .

Codes

Access codes are redeemed through the app store, not inside the app. Follow the redemption link we give you, or enter the code in the store itself — Redeem Gift Card or Code on the App Store — and what it unlocks appears the next time you open Mighty Little Monkey. A code may be redeemed once, is not exchangeable for cash, and stops working if it is reported stolen or was obtained fraudulently.

5.Trophies and other in-app items

Trophies and similar in-app items are part of the game. They have no monetary value, cannot be bought with money, cannot be exchanged for money, and cannot be transferred out of the app. If your access ends or the app is removed from your device, they go with it, and we owe you nothing for them.

6.Acceptable use

Please do not:

• break the licence terms in §3, or help anyone else break them;
• attack, overload, probe or interfere with the website, the app or the systems behind them;
• attempt to gain access to content you have not bought, or to another person’s purchases; or
• use Mighty Little Monkey for anything unlawful.

7.Our intellectual property

Our stories, illustrations, character designs, narration, translations, music, software and site design, and the Mighty Little Monkey and 西游新传 names and marks, are owned by us or our licensors and are protected by copyright and trade mark law. Nothing in these Terms transfers any of it to you beyond the licence in §3.

Mighty Little Monkey: New Journey to the West is an original work inspired by the classical Chinese novel Journey to the West. The novel and its characters are in the public domain, and we claim no rights over them — anyone is free to tell these stories and to draw these figures. What is ours is the particular way we have told and drawn them: our text, our translations, our narration, and our designs for the characters, down to their clothing and ornaments.

8.Changes to the app and its content

We improve the app, add books, fix faults and occasionally change how something works. We may also update or replace a book — correcting a translation, re-recording narration. Free content, features and the free sampler may change or end at any time.

9.Third-party services and links

The app links to services we do not run — the app store, and platforms such as YouTube or other social networks where we may publish videos about the books. Their terms and privacy policies apply to what you do there, and we are not responsible for their content or conduct. Links out of the reading parts of the app sit behind the adult gate.

10.Disclaimers

Mighty Little Monkey is educational entertainment. It is not a substitute for schooling, tutoring, speech or language therapy, or professional advice of any kind, and we do not promise any particular educational outcome.

To the fullest extent the law allows, the website, the app and their content are provided “as is” and “as available”, without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, timely, secure or error-free, or that content will be free of mistakes.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you. Nothing here limits rights you have as a consumer that cannot be limited by agreement.

11.Limitation of liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, or loss of goodwill, arising out of your use of Mighty Little Monkey — even if we were told such damages were possible.

Our total liability for all claims relating to Mighty Little Monkey is limited to the greater of the amount you paid us in the twelve months before the claim arose, or fifty US dollars (US$50).

Nothing in these Terms excludes or limits liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot lawfully be excluded.

12.Indemnification

If someone brings a claim against us because of what you did, you may have to pay to defend us. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Lumvex Labs, Inc and its officers, directors, shareholders, employees and independent contractors from and against any claim asserted against any of them arising out of or relating to: your use or actual or alleged misuse of Mighty Little Monkey or this website; your violation of these Terms, and in particular the licence in §3; use by a child in your care that breaches these Terms; or your negligence or misconduct.

This applies to all liabilities and expenses arising from such claims, including losses, damages, judgments, fines, litigation costs and legal fees. You shall cooperate as fully as reasonably required in the defence of any such claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree not to settle it without our written consent.

Nothing in this section requires you to indemnify us against our own negligence or wrongdoing, or applies where the law of your home says it cannot.

13.Suspension and termination

You may stop using Mighty Little Monkey at any time by deleting the app.

We may suspend or end your access if you materially breach these Terms — in particular §3 or §6. Where the circumstances allow it we will warn you first and give you a chance to put it right, because ending a child’s access to books their family paid for is not a step we want to take lightly.

Sections 3, 5 and 7 to 15 survive the end of this agreement. Content you have unlocked remains subject to the licence in §3.

14.Resolving disputes

Before pursuing a formal proceeding, you agree to contact us at legal@mightylittlemonkey.com to attempt to resolve the dispute informally.

Any dispute arising from these Terms or Mighty Little Monkey that cannot be resolved informally shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Virginia, United States. You waive any right to participate in a class action lawsuit or class-wide arbitration .

Nothing in this section prevents either party from seeking injunctive or other equitable relief in court for matters related to intellectual property or unauthorised access to Mighty Little Monkey.

15.Governing law

These Terms are governed by the laws of the Commonwealth of Virginia, United States, without regard to its conflict-of-laws rules. Where §14 does not apply, the state and federal courts of Virginia have exclusive jurisdiction.

16.Mobile applications

Where you obtained the app from the App Store, the following apply and override anything inconsistent above. These Terms are between you and us alone, not with Apple; Apple is not responsible for the app or its content, and has no obligation to provide maintenance or support. Your licence is limited to Apple-branded devices you own or control, as permitted by the App Store Terms of Service, including their Family Sharing rules.

To the maximum extent permitted by law, Apple has no warranty obligation for the app; its only obligation, if the app fails to conform to an applicable warranty, is to refund the purchase price on request. We, not Apple, are responsible for the app and for handling any claim relating to it — including product liability, a failure to meet a legal requirement, claims under consumer protection or privacy law, and any third-party claim that the app infringes intellectual property rights.

You confirm you are not located in a country subject to a US Government embargo or designated as terrorist-supporting, and are not on any US Government restricted-party list. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Where you obtained the app from Google Play, the Google Play Terms of Service also apply to that download, and Google is not a party to this agreement.

17.General

• Changes. We may update these Terms. If a change is material we will give notice in the app or by email before it takes effect. Continuing to use Mighty Little Monkey afterwards means you accept the change; if you do not, stop using it.
• Whole agreement. These Terms and the Privacy Policy are the entire agreement between us about Mighty Little Monkey.
• Severability. If a provision is unenforceable, the rest stands.
• No waiver. Not enforcing a term once does not waive it.
• Assignment. You may not transfer this agreement. We may transfer it as part of a sale of the business, on notice.
• Language. These Terms are written in English, and the English version governs.

18.Contact us

Support and general enquiries: use the contact form
Lumvex Labs, Inc
Legal notices: legal@mightylittlemonkey.com