⚖️Legal Disclaimer
$MOON Legal T&Cs
Welcome to MoonfloW
PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR USE OF THE $MOON
Token These $MOON Token Terms of Use is entered into between you (hereinafter referred to as “you” or “your”), as a Token Holder and, on the other side, MoonfloW (hereinafter referred to as “us” or “we”).
By using (in any possible way) our Services, you fully agree that you have read, understood, and accepted all the terms and conditions stipulated in these Terms of Use (hereinafter referred to as ‘’Terms’’).
When you decide to access, test or use specific features described or pre-available on the Platform, you may be subject to specific additional terms and conditions that will be available in the corresponding section (if applicable).
Accessing and using in any way our Services available on the Platform you fully acknowledge to be bounded by these Terms and shall form a legal agreement and create a binding contract between you and MoonfloW.
Who we are and how to contact us
MoonfloW aim is to offer a user-friendly NFT trading platform, providing enthusiasts with simplicity and rewards. The platform aims to enhance $MOON Token utility through a GameFi experience, fostering growth and fostering competition among NFT projects for rewards. MoonfloW stands as a dynamic hub, encouraging active participation and contributing to the vibrant NFT Ecosystem.
Definitions (a-z)
"applicable law" - means any law, statute, regulation, code, ordinance, norm, court decision, order, decree of Romania or any other normative or administrative act in Romania or any other decision enacted by or requirement or recommendation issued by a public authority or any interpretation or application of the above by a public authority, provided that any of the above has a binding effect by itself.
"authority" - means any statutory governmental, judicial, or other authority or any of them or any of their authorized representative;
"blockchain" - is a system of recording information, in a way that makes it difficult or impossible to change, hack, or cheat the registered data and the system, in general using cryptography and being duplicated and distributed across the entire network of computer connected on the blockchain;
"cases of force majeure" - represents extraordinary events or circumstances which neither Party could have foreseen or prevented by reasonable means, including but not limited to natural disasters, war, revolution, uprising civil insurrection, acts of terrorism, expropriation, nationalization, nuclear explosion, radioactive or chemical contamination or ionizing radiation, except lack of funds, which will not be a Force Majeure Case;
"cryptocurrencies" - means a digital currency in which transactions are verified and records maintained by a decentralized system using cryptography named blockchain, rather than by a centralized authority, including but not limited to the Token;
"ecosystem" - refers to the broader environment and set of interactions surrounding MoonfloW. This encompasses components and dynamics involved in the Platform, project's deployment, operation, usage on the Blockchain, $MOON Token, etc.
"electronic wallet" - means the technical solution that allows a user to store, send or receive Cryptocurrencies or other digital assets by using Blockchain infrastructure. Each Wallet has a Public Address to which is assigned a unique Private Key.
"game" - refers to a real-time strategy video game where players command armies in distinct battles to conquer parcels of land. The game operates on a resource-based system, with players utilizing resources to enhance the battle power of their armies through upgrades using the $MOON Token.
"gas fee" - refers to the fees charged by the Blockchain infrastructure for performing and validating a transaction; generally, fees are charged in the Cryptocurrency used by each Blockchain for performing transactions;
"nft" - means a unique and indivisible digital asset, typically representing ownership or proof of authenticity of a specific item, piece of content, or intellectual property. NFTs are secured by Blockchain technology, ensuring their scarcity, uniqueness, and traceability.
"platform" - means the NFT marketplace operated by MoonfloW available at https://next.moonflow.club/ and its subdomains.
"private key" - refers to a confidential alphanumeric cryptographic code, uniquely associated with an Electronic Wallet, enabling its holder to access and control the associated digital assets or perform secure transactions on a Blockchain or other digital platforms.
"public address" - means the sequence of characters (letters and numbers) that identifies an Electronic Wallet;
"recovery phrase" - means the specific sequence of words generated by the Blockchain infrastructure, when initiating an Electronic Wallet allowing the user the possibility to re-access / re- configure their Electronic Wallet, with the observance of the conditions imposed by the Electronic Wallet service provider.
"moonflow" - it is a reference to MOONFLOW CLUB S.R.L., a limited liability company incorporated under the laws of Romania, headquartered in Bucharest, 60 Panduri Road, C Building, 3 rd Entrance, Ap. no 50, 2 nd Room, 5 th District.
"$MOON token" or "Token" - means the Cryptocurrency type ERC - 20 issued by MoonfloW using the Polygon Blockchain infrastructure which shall be able to be transferred on Blockchain and used in the manner and according with the functionalities provided or which may be available through/on the Platform or any other technical infrastructure which will implement it;
"services" - any utilities or functionalities of the $MOON Token assigned by its issuer within the Ecosystem; this shall not include other utilities, functionalities, attributes, etc, assigned by any Token Holder or other third – party entities.
"token holder" - means any person who owns or otherwise uses the $MOON Token;
General Provisions
WE DO NOT OFFER ANY INVESTMENT OR FINANCIAL ADVICE. ANY REFERENCE TO INVESTMENTS DISPLAYED ON THE PLATFORM, WHITEPAPER, OR LITEPAPER ARE MENTIONED ONLY FOR INFORMATIVE PURPOSES.
We do not provide investment or consulting advice of any kind and is not responsible for the use or interpretation of information available on the Platform (regardless the uploader) or provided throughout other relevant means of communication.
All Services are available only to persons who are at least 18 years of age or are otherwise considered as having full civil capacity of their rights according to the applicable national regulations.
It is incumbent upon all Token Holders to understand and assume the risks associated with the use of Cryptocurrencies and any Non-Fungible Tokens (NFTs). It is further recommended to exercise a high degree of caution and assume responsibility for any decisions made in relation to any Cryptocurrencies – including the $MOON Token, bearing in mind that any actions taken shall be at your own risk.
Please take into consideration that the value of the $MOON Token, as any other Cryptocurrency on the open market, may change by +/- 100% every second by reference to the acquisition price or by reference to any previous value.
Any prospective utilization of $MOON Token concerning the provision or receipt of Services on the Platform shall be exclusively governed by other relevant terms and policies collectively known as the Service Terms and Policies. MoonfloW retains the right to introduce new terms or policies to the Service Terms and Policies at its sole and absolute discretion. Furthermore, MoonfloW reserves the authority to periodically update each of the Service Terms and Policies in accordance with the modification procedures stipulated therein.
The $MOON Token is expressly excluded by MoonfloW from any sale processes or team allocations. The entire Token supply shall be exclusively distributed free of charge through in- game rewards and airdrop campaigns. This strategic decision ensures a fair and decentralized distribution, aligning with MoonfloW's commitment to transparency and equitable access to the $MOON Token. Participants engaging with the Platform and the Game can anticipate acquiring $MOON Tokens solely through their active involvement in in-game activities or designated airdrop initiatives, fostering an inclusive and community-driven ecosystem.
$MOON Token. Special Provisions.
Each user understands and fully assumes that (i) any third - party, may try to establish partnerships with different technical infrastructures for implementing use cases for the Token, such as accessing or acquiring services and features, thus other terms & conditions may be applicable in such cases and (ii) we and/or our affiliates do not guarantee or provide any kind of assurances with regard to the value/specific functionality/utility of the Token.
Under no circumstances, acquiring or owning any Tokens does not involve or implies the transfer of ownership over shares, securities exchangeable into shares or any equivalent in any existing or future public or private company, corporation, or other entity in any jurisdiction.
Likewise, as a Token Holder you shall not be entitled to receive, exercise and/or issue any requests in connection with or from any company/activity/revenues/profits or any other similar rights.
As conceived by MoonfloW and to the best of our knowledge, the $MOON Token is not intended to serve as, or be used as, a financial instrument (as defined under the international and national legislations), and as a result, it has not received approval from any international or national authority.
Whenever during the use of the Services, any applicable legal provisions, whether national or international, that may either modify, extend, suspend or cease any the legal regime with regard to the Cryptocurrency and Blockchain industry that will enter into force, as to the relevant jurisdiction for the scope of these Terms, the Token Holder acknowledges that we will be required to observe and confer full effects to such new legal requirements and, if necessary, we will have to amend certain aspects of the Services in order to abide by such provisions. Nevertheless, should any future provisions of law will determine us to stop providing any good or service contemplated herein, or to modify the performance of any obligation thus incurred, we shall be hold entirely harmless towards the Token Holder/s under all theories of liability for any material damages that the latter may or would intend to claim in this connection.
The Token Holder acknowledges that MoonfloW reserves the right to periodically update the documentation (e.g. whitepaper, litepaper) pertaining to the $MOON Token, which may include modifications to token metrics, issuance/supply plans, or other aspects as deemed necessary for business requirements. Upon publication of such updates on the Platform, the Token Holder shall be considered to have reviewed and accepted the contents of the revised documentation.
Services
MoonfloW envisions the main utility of the $MOON Token being the core of the Game, holding distinct utilities within the game environment, whether utilized for unlocking special features (such as upgrading the battle powers of the armies) or trading within the in – game economy. Apart from the in – Game features, MoonfloW may decide to permit the Users to establish and pay the price of the NFTs traded on the Platform using the $MOON Token, under separate Service Terms and Policies.
Prohibition of Use and Commitments
Depending on your country of residence, incorporation, or registered office, you may not be able to access or use any of the Services. It is your responsibility to follow the rules and laws in your country of residence and/or country from which you are interacting with our Services and/or the Token. As a Token Holder, you represent and warrant that you have not been included (directly/indirectly) and have no relationship (directly/indirectly) with any person whose citizen or resident of a country which is/was included in any trade embargoes or economic sanctions list (such as the United Nations Security Council sanctions list), the list of specially designated nationals maintained by OFAC (The Office of Foreign Assets Control of the U.S. Department of the Treasury), the Financial Action Task Force (FATF), International Traffic In Arms Regulations (ITAR) or the denied persons or entity list of the U.S. Department of Commerce. The restrictions herein target the inclusion as a natural/legal person on the above-mentioned lists as well as the inclusion of the Token Holder’s citizenship or residency state. We have the right to choose the markets and jurisdictions wherever it finds appropriate to conduct the business, and may restrict or refuse, in its discretion, the provision of Services in certain countries or regions. The Token Holder acknowledges that the $MOON Token aims to provide access only to the Services conceived in relation to the Platform and/or the Game, as described throughout these Terms.
$MOON Token Value Index
Any value of the Token displayed on the Platform is only for reference purposes and under no circumstances shall be interpreted as a promise, a pledge or a guarantee of its Value and that we are liable or responsible in any way for that value. We strongly recommend you not to rely on any value indicated and to conduct your own research in order to have an accurate and real representation of the evaluation of the Token based on objective factors.
Technical Partners and Providers and Third Parties
Services may occasionally be accessed through separate third-party websites or platforms, in which case those Platform's own policies, limitations, and terms & conditions will fully apply to those services. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we are not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. Henceforth, under no circumstances should we be considered liable or a party to any business relationship/Agreement concluded between any person and the third-party providing services in connection with the Tokens, even those services promoted or displayed on the Platform.
Campaigns
We may propose or accept to organize different Campaigns for different purposes, such as marketing Campaigns (Giveaways, Airdrops, Bounty) or economic Campaigns for supporting the integrity of the ecosystem’s economy (Locking Token Campaigns). Campaigns may be directly organized through the Platform, where those Terms and other specific Policies will be applicable, or through third party’s services, where the Campaigns will be fully governed by their terms & conditions. We are not responsible to any advertising campaigns which is not directly and fully conducted by us, even if those advertising campaigns are displayed on the Platform or can be accessed through external links/hyperlinks available in the Platform.
Identification
While using the Platform and any dedicated Services therein, in order to comply with the mandatory law provisions, we may require the Token Holders to prove their identity by providing the personal information or documents such as, but not limited to national ID, passport, driving license, live video, proof of funds, proof of residence (utility bill) and so on.
For example, that information is mandatory in order to verify Token Holder’s identity, identify traces of money laundering, terrorist financing, fraud, and other financial crimes.
When applicable, all personal data will be collected, used, and shared in accordance with the Privacy Policy displayed in the corresponding section of the Platform.
Pursuant to the provisions of our terms of service, we reserve the right to deny access to the Services, in the event of non-compliance with our identification verifications and source of funds verification protocols. Furthermore, in the event that such non-compliance is discovered during the course of our due diligence procedures, we reserve the right to temporarily suspend access to the Services, until such time as the requisite information is provided and has been deemed sufficient to satisfy our know-your-customer and anti-money laundering compliance requirements.
If there are any grounds for believing that any of the information you provided is incorrect, false, outdated, or incomplete, we will send you a notice to demand correction, directly delete the relevant information, and, as the case may be, terminate all or part of the Services we provide for you, including the services provided within the Platform. If we are unable to reach you with the contact information you provided, you shall be fully liable for any loss or expense caused to us during your use of its services.
Security
It is explicitly stated that we shall not be held liable for any actions or inaction in relation to your Electronic Wallets, which may include, but are not limited to, the transfer, reversal of transfer, or recovery of access to said wallets, which are used to store the Tokens or other Cryptocurrencies.
Considering the above, you solely responsible for:
setting up and keeping all your Credentials confidential;
accessing and using the recovery method/the supplementary security measures available for any tool used to access your Electronic Wallets;
performing the backup of your Electronic Wallet and for keeping safe the Recovery Phrase;
any action or transfer you or any other person perform in connection with your Tokens, Electronic Wallet/s or any of your accounts (if any);
Any action in connection with the Electronic Wallet/s and the Tokens shall be deemed to have been made by you.
We shall not be held liable for any loss or consequences caused by authorized or unauthorized use of Electronic Wallets, Tokens, including but not limited to access caused by information disclosure, hacking, information release, phishing, phishing, and so on.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal
offence under the regulation which governs the Platform’s activity. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Restrictions
During the use of our Services, you firmly assert that at any point you:
fully comply with the requirements of Applicable Laws and regulations, as well as these Terms;
do not violate other person’s rights, public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other person from using the Services;
refrain from for any kind of market manipulation in connection with the Token (such as but not limited to pump and dump schemes, self-trading, wash trading, quote stuffing, front running, and spoofing or layering, regardless of whether prohibited by law);
not try to identify any vulnerability of the Platform/Services (including the third party integrated), or violate any security or authentication measures.
You expressly empowered us to perform any action to identify and investigate any violation of these Terms and/or of the Platform’s Terms & Conditions, unilaterally determine whether you have violated any provisions and take actions (without your prior consent or notice) such as, but not limited to:
blocking and closing your ongoing activities;
freezing your activity and Tokens;
reporting the incident to the competent authorities;
publishing the alleged violations and actions that have been taken;
deleting any information, you published that are found to be violations.
It is strictly forbidden to conduct any action and/or activity which:
is prohibited by our Terms and Conditions, or may direct, or indirect violate its provisions;
is related to illegal activities or with the purpose of causing harm to another person, regardless the way in which this purpose is done or achieved.
Indemnification
You agree to indemnify and hold harmless us, our affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with the Tokens, (ii) your breach of these Terms, or (iii) your violation of any applicable laws, regulation, or rights of any third party during your use of the Services.
In such cases, we will have the right, in our sole discretion, to control any actions or proceedings and to determine whether we wish to settle, and if so, on what terms.
Warranty and Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, ALONG WITH OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND DISTRIBUTORS DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES. WE PROVIDE THE SERVICES “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE”. YOUR USE OF THE SERVICES, INCLUDING OUR CONTENT WITHIN THE SERVICES (and excluding the content posted by users), IS AT YOUR OWN RISK AND WE DO NOT REPRESENT, PROMISE, OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET OR INFORMATION STORAGE TECHNOLOGY CAN BE GUARANTEED TO BE SECURE, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, TO THAT EFFECT.
WE MAKE NO COMMITMENTS, PROMISES OR WARRANTIES ABOUT THE TOKENS OR CONTENT LINKED FROM THE SERVICES, THE SUPPORT WE PROVIDE FOR THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THE SECURITY OF THE SERVICES, OR THE SERVICES’ RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, PROVIDE CERTAIN OUTPUTS OR ACHIEVE CERTAIN RESULTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, ALONG WITH OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND DISTRIBUTORS DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE TOKENS (INCLUDING THEIR VALUE), THE SERVICES, OR ANY OTHER AVAILABLE FEATURE OR REGARDING THEIR PROFITABILITY, ACTUALLY, ACCURACY, USABILITY ETC.
YOU UNDERSTAND AND ASSUME THAT ANY DECISION FOLLOWING OR IN CONNECTION WITH THE TOKENS, THE SERVICES, THE CONTENT AVAILABLE ON THE PLATFORM OR ANY OTHER AVAILABLE FEATURES IS BASED ON YOUR OWN RESEARCH AND RESPONSIBILITY.
SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED OR EXPRESS PROMISES OR WARRANTIES ABOUT THE SERVICES.
Liability
To the fullest extent permitted by Applicable Law, you agree and understand that we will not be liable for: any indirect, special, incidental, consequential, treble or other multiples of damages, exemplary or punitive damages arising from or in connection with these Terms or your use of the Services/Tokens.
We and our affiliated entities shall not be held liable for any loss of profits, revenues, business opportunities, diminution in value or any other losses (collectively “Losses”) arising from or in connection with these Terms or your use of or access to the Services/Tokens, including, but not limited to:
the deletion of, alteration of, mis-delivery of or failure of the Tokens to other Electronic Wallets while using the Services;
downloading or sharing of information, including personal information, during the use of our Services;
the unauthorized access to your Electronic Wallet/s;
services provided by third parties in connection with the Tokens;
your dealings with or participation in promotional campaigns of third - parties found while using our Services.
We will not be liable for damages caused by others, the wrongful or unlawful actions of third parties, or an act of God. The limitations and exclusions in these terms will apply whether or not we have been advised of or should have been aware of the possibility of any losses arising.
Without detracting from the general nature of the aforementioned, the Token Holder acknowledges the existence of various risks associated with the project aimed at developing the Platform. MoonfloW does not provide any assurance or guarantee that the Platform or the $MOON Token will meet the expectations in terms of product-market fit, network adoption, or distribution. MoonfloW does not make any promises or representations regarding the success of the overall strategic concept for the Platform, Game or the $MOON Token, as it depends on general market conditions and market receptiveness. Consequently, the Token Holder shall not hold MoonfloW liable in any way for such matters.
To the fullest extent permitted by law and except as otherwise stated in these Terms, we are not liable in connection with any disputes that arise out of or relate to the herein.
We may make changers our Terms
We might change, add or remove parts of these Terms at any time and in our sole discretion. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We will notify such changes by simply updating the terms on our Platform and modifying the [Last revised] date displayed on this page.
All modifications or changes to these terms will become effective upon publication on the Platform or release to users.
It is your responsibility to review the amended Terms. Your continued use of the Services following the changes to the Terms, you accept and agree to the changes, and that all subsequent activity performed by you will be subject to the amended Terms.
If you have any question regarding or in connection of the information mentioned in these Terms, please do not hesitate to do directly contact us.
We may transfer this agreement to someone else
The transfer of rights and obligations arising from these Terms and / or the use of the Platform is subject to our prior written consent.
You expressly agree that the we may unilaterally transfer all rights and obligations that may be stemming from these Terms without your consent.
How to complain
If you wish to complain about content uploaded by other users, please contact us on support@moonflow.club
20 . Which country's laws apply to any disputes?
To the maximum extent permitted by the Applicable Law, any invalid or unenforceable term or provision of these Terms shall not affect the validity or enforceability of the remaining terms and provisions thereof or the validity or enforceability of the offending term or provision in any other situation. To the maximum extent permitted by the Applicable Law, you and us, acting in good-faith, shall attest the nullity or unenforceability of the respective term or provision and shall replace it by a valid or enforceable term or provision which most accurately reflects the economic and legal purpose of the invalid or unenforceable term or provision.
Legal Advisors: VD Law
Last updated
