BUY A MONKEY Terms and Conditions - Mooning Monkey NFT

Effective Date: 10 March 2022

Welcome to the website https://mooningmonkey.com/ (“Website”)! This Website and the Services are operated by Mooning Monkey (“Mooning Monkey”). These Terms and Conditions is the binding legal agreement between you, the user of our Services (as defined below) and Mooning Monkey.

By visiting and browsing our Website and/or using any of our Services (as defined below), you constitute an agreement to these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you shall not access this Website or use our Services. Please read these Terms and Conditions before you use this Website and Services.

Mooning Monkey reserves the right to change these Terms and Conditions. These changes are effective immediately upon posting, unless otherwise stated. When changes come into effect, the revised Terms and Conditions shall supersede the previous version of the Terms and Conditions. You are responsible for regularly reviewing these Terms and Conditions.

  1. Definitions
    1. “Mooning Monkey” means the operator of the Services.
    2. “Services” means Mooning Monkey’s services on maintaining and hosting the Website and all services available on it.
    3. “Terms” means these Terms and Conditions as amended from time to time.
    4. “User” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
  2. Definitions
    1. Our Services should not be considered as a recommendation or advice to participate in any game of chance. You should carefully consider all possible risks and you shall be free to make a decision regarding whether or not to use the Services and how to avoid possible risks.
    2. Disruption to the equipment or communication lines of our systems contractors or telecommunications providers may affect the availability of the Services. You acknowledge to understand that there is a risk of incurring losses and damages. Mooning Monkey will not accept liability for any loss or damage, including, without limitation, any loss of profit, which may arise directly or indirectly from use of our Services. The management team of Mooning Monkey is not liable for any damages or compensation towards investors or players of this Service.
    3. The content of our Services, the Website, including blog, social media (Twitter, Facebook, etc.) and any press release or article regarding Mooning Monkey or public statements, are nonbinding and are subject to change by Mooning Monkey at its sole discretion.
    4. For the avoidance of doubt, the Website does not constitute the provision of any financial or investment advice in connection with the Services contemplated by these Terms. The information and materials contained on the Website is given for information purpose only and is not to be construed as a solicitation to enter into any transaction. You should consult a financial or investment professional regarding any possible transaction if you have any doubts.
  3. Eligibility
    1. By using the Services, you represent and warrant that you are at least 18 years old and have not previously been suspended or removed from the Website. You also represent and warrant that you are not a resident of a Restricted Country (see below).
  4. Restricted Countries
    1. Any user holding citizenship, permanent residency, or who has been a tax resident in the USA, and any sanctioned countries (“Restricted Countries”) is prohibited from using any of the Services provided by Mooning Monkey. Mooning Monkey shall not be held liable for any use of our Services by individuals or legal entities that are restricted or limited to use our Services in the Restricted Countries. Users who violate their applicable laws and regulations shall be solely liable for such violation.
    2. You should be aware that our Website may be restricted and/or unavailable for users in other jurisdictions as governed by applicable laws. Mooning Monkey shall not be responsible for any unavailability of our Website and/or Services in any Restricted Country.
    3. You should personally ensure that online games of chance, betting, gambling are allowed in your country of citizenship or residence. Mooning Monkey shall not be responsible for any violation of laws pertaining to online games of chance, betting, and gambling.
  5. Use of the Services
    1. Certain Services and access to the Website may only be accessible subject to the following conditions:
      1. You must be 18 years or older to use our Services and you warrant that you are not from the Restricted Country.
      2. When using our Services, you agree to provide your valid and accurate information reasonably requested in order to complete the transaction on behalf of you.
      3. You are solely responsible for any activity that occurs under your email and monitor your email for identifying access by unauthorized third parties.
      4. You must comply with these Terms as well as any applicable laws.
  6. Use of the Website
    1. You agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You must not, without limitation:
      1. use our Services to perform criminal activity of any kind, including but not limited to, money laundering, illegal gambling, terrorist financing or malicious hacking;
      2. damage, disable, overburden or impair the Website or Services, or interfere with any other party’s use and enjoyment of the Website or Services;
      3. attempt to gain unauthorised access to the Services, computer systems or networks connected to the Services by any means;
      4. reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Mooning Monkey;
      5. upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages;
      6. make available any materials containing viruses, bots or other code, files or programs designed to interfere, hinder or impair the operation of any computer, telecommunication equipment or software;
      7. violate third party rights, including, without limitation, Mooning Monkey’s agents, partners, on the Website and/or cause harm in any way;
      8. collect and store personal information of other users without their proper authorization.
  7. Access Restrictions
    1. If we have reasons to believe that your use of this Website and Services is fraudulent and/or illegal, we are entitled in our sole discretion to block, suspend or terminate your access to the Website or deny the use of any Services. If you have conducted any fraudulent and/or illegal activity, Mooning Monkey reserves the right to take any necessary legal action and you may be liable for monetary losses to Mooning Monkey.
  8. No Multiple Accounts
    1. Use of the Services is personal to you, and you can only create one account. You cannot create more than one account. If you create more than one account or your original account is suspended or blocked, we are entitled to block you permanently.
    2. You should take all necessary measures to secure your ID and password as well as your private key and other details.
    3. User accounts should not be transferred or sold to any third party.
  9. Responsible Gaming Policy
    1. You should read and fully accept our Responsible Gaming Policy attached as Exhibit A below.
  10. Intellectual Property Rights
    1. The intellectual property contained in the Website and Services (and any derivative works based on them) is confidential and/or proprietary information of Mooning Monkey, our affiliates or its licensors and is protected by copyright and other intellectual property rights. All title, ownership and intellectual property rights on the Website and Services shall remain with Mooning Monkey, our affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms or by Mooning Monkey are hereby reserved.
    2. You further acknowledge and agree that the Website and Services are protected by copyrights, trademarks (whether registered or being under registration), service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Mooning Monkey or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services or the Website, in whole or in part. Without limiting the foregoing, any reproduction, redistribution, reverse engineering or decompilation of the Services or the Website is expressly prohibited by law, and may result in severe civil and criminal penalties.
  11. Linked Sites
    1. This Website may contain links to third party web sites (“linked sites”). The linked sites are not under the control of Mooning Monkey and we are not responsible for the content of any linked site. Mooning Monkey makes no representations regarding the content or appropriateness of content on such sites. When you access a linked site from this Website, you leave this Website and you do so at your own risk. You are responsible for viewing and complying with the terms and conditions posted on the linked site.
  12. No Warranties; Limitation of Liability
    1. You acknowledge and agree that all access and use of the Website is at your own risk. Without prejudice to the generality of the foregoing, we will not be liable to you if the Website or Services are inaccessible or unavailable in whole or in part due to periods of downtime, or for any reason beyond our reasonable control, or because we are carrying out maintenance, upgrades, developments or the like.
    2. All Services, including software, products, information, text and related graphics contained within or available through the Website are provided “as is” and “as available”. Under no circumstances shall we be liable for any errors or omissions in the Services on the Website. Mooning Monkey makes no representations or warranties of any kind, either express or implied, as to the operation of this Website or the Services, data or materials included on this Website. Mooning Monkey does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within the Services. We cannot ensure that the Services and other information provided on the Website are accurate, correct, reliable, exhaustive or complete on every subject.
    3. Under no circumstances shall Mooning Monkey, including its subsidiaries, affiliates, officers, agents, licensors, employees, partners, licensors or others involved in creating, sponsoring, promoting or otherwise making available the Website and its content, be liable to any person or entity whatsoever for any direct, indirect, incidental, consequential or punitive damages or any damages or losses whatsoever.
  13. Indemnification
    1. You agree to indemnify and hold Mooning Monkey and its subsidiaries, affiliates, officers, agents, licensors, employees, partners, licensors or others involved in creating, sponsoring, promoting or otherwise making available the Website, Services and data, harmless from any and all claims, damages, losses or liabilities, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of any action, inaction or omission by you.
  14. Force Majeure
    1. Mooning Monkey shall not be deemed to be in default of any provision hereof or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, civil or military authority, civil disturbance, war, terrorism, strikes, fires, other catastrophes, power or telecommunications failure or any other cause beyond its reasonable control.
  15. Duration and Termination
    1. These Terms will remain in full force and effect while you use the Website or Services.
    2. We reserve the right to restrict your access, temporarily or indefinitely suspend Services if:
      1. you breach these Terms or other policies;
      2. we believe that your actions may cause any loss or liability to our Users or to us;
      3. we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, us, or our affiliates; may be contrary to the interests of the Website or the user community; or may involve illicit activity.
    3. Any terms and conditions of these Terms that may survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
  16. Complaints
    1. In the event of the User’s complaint with the outcome of a specific game of chance, the User shall notify Mooning Monkey at [email protected] of such event within seven (7) calendar days after a relevant session date,
    2. The User shall notify Mooning Monkey at [email protected] within one (1) calendar month after a relevant session date, that the User disagrees with any other matters, not directly related to the outcome of a specific game of chance, however in relation to the user’s account, such as however not limited to matters of payout, Suspension and the calculation of bonuses (if applicable).
    3. The User shall initiate the procedure of binding Arbitration within three hundred and sixty five (365) days after the relevant session date. Failure to do so shall result in any potential claims, rights or entitlements to compensation, damages, expenses becoming unenforceable.
  17. Miscellaneous
    1. We reserve the right to modify, suspend or terminate any Services or products available through the Website, at any time for any reason with or without notice to you.
    2. No joint venture, partnership, employment, or agency relationship exists between you and Mooning Monkey as a result of these Terms.
    3. No waiver by either party of any default by the other in the performance of any provisions of these Terms shall operate as a waiver of any continuing or future default, whether of a like or different character.
    4. Mooning Monkey reserves the right to assign its obligations and duties in these Terms to any person or entity.
    5. These Terms, our Privacy Policy and other policies, for our user’s convenience, can be translated in several languages. In the event of any differences between the English version of the Website and any other language, the English version shall prevail.
    6. Any notice or other communication to be given to us under these Terms shall be in writing in the English language unless otherwise agreed between Mooning Monkey and the user. Any notice or other communication from users shall take effect only when received by us unless such notice or another communication is contrary to these Terms.
    7. These Terms constitute the entire agreement between you and Mooning Monkey with respect to your use of the Website.
  18. Contact Us
    1.  If you have questions in relation to these Terms, please contact us at [email protected].
  19. Eligibility
    1. By using the Services, you represent and warrant that you are at least 18 years old and have not previously been suspended or removed from the Website. You also represent and warrant that you are not a resident of a Restricted Country (see below).

Exhibit A

Responsible Gambling and Self-Exclusion Policy

The concept of Responsible Gambling ensures that any negative effects associated with gambling are minimised. It sets the responsibility of individual users along with the responsibility on the part of Mooning Monkey.

At Mooning Monkey we take this responsibility seriously, and we introduce this Policy designed to prevent any side effects of excessive gambling which we and our users are adhered to.

While you enjoy playing online games, you should be aware of the potential impact associated with gambling.

  1. Contact us at any time
    1. We care about our users and are encouraged to contact us with any concerns. Please email us at: [email protected]
  2. Self-testing on gambling addiction
    1. Our users are encouraged to consult with a specialist if they experience any negative effects. You can also take a self-test to quickly examine your situation. However, the self-test will not fully replace a consultation with a professional.
    2. For a self-test, please use this link: https://www.begambleaware.org/gambling-problems/do-i-have-a-gambling-problem/
  3. Basic principles on the responsible gambling
    1. These are the minimum principles you should follow in order to fully enjoy gambling while having a self-control:
      1. Limit your deposit which you will not excess under any circumstances
        Every financial situation is unique and if you want to play for entertainment you will need to set the limit that will not harm your financial situation.
      2. Use only your personal finances
        Under no circumstances you should take a credit or sell any asset or property for gambling! If you lose, do not take any credit or sell any asset or property to try to win it back.
      3. Understand the rules
        Before you start using the website, you should carefully study all rules and policies. If you educate yourself with the rules and policies, you will understand the level of risk you can take.
      4. Set yourself a time limit and take breaks
        Time you spend on gambling should allow you to perform your daily responsibilities whether associated with your work or family. Taking a break is a vital.
      5. Avoid excessive risks
        You should be aware of your personal situation and understand the level of risk you can take.
      6. Avoid playing if you are stressed or depressed
        Do not replace professional treatment with gambling if you are stressed or depressed. If you take any medicines, you should be very careful with playing.
      7. Create only one account
        Having one account is important as you will be able to control your time, finances and risks. Do not create multiple accounts.
      8. Last, but not least — have fun!
  4. Minors
    1. Mooning Monkey accepts only those individuals who are at least 18 years or older, and does not accept minors. Minors, especially children, are the most vulnerable age group.
    2. We recommend parents to set access restrictions to any content that is not healthy for minors, such as online gambling.
    3. Please contact us at [email protected] if you become aware that our Services are used by a minor.
  5. Self-Exclusion
    1. If you are diagnosed with a gambling addiction or avoid gambling for any reason, you should take steps to distance yourself from anything connected to gambling. In order to do it, you should consider software that blocks your access to any gambling website, such as the Website, for a period between 6 months and 5 years. In addition, you should contact our customer care, so we will assist you with the exclusion.
    2. Please contact us at [email protected] and we will guide you on further steps.
    3. During the self-exclusion period we will not revert your account back. Do not create any new account as it would be a violation of our Terms and Conditions. We will be entitled to block your original account permanently.
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