INFORMATION WE COLLECT
● Information About You That You Share With Us Directly
When you use our Services, you may give us personal information directly (for example, details you register with us when setting up your account), and we will store that personal information on our systems and process it for the purposes described in this Policy.
Depending on the Service, the personal information we collect will be relevant to providing that Service and include some or all of the following:
● Your public blockchain wallet address
● Content, within any messages you send to us (such as feedback and questions to information support)
● Any additional information required for verification or participation in connection with our Services
We may also collect personal information from you when you communicate with us, such as your name, email address, and any other information you voluntarily provide.
● Information You Generate Using Our Services
When you use our Services, we may keep communications, comments, and other content on our servers to use them to protect the safety and well-being of our users; to protect our rights and property in connection with our Services; to conduct research; to operate, improve, personalize, and optimize our Services and our users’ experiences, including through the use of analytics; and to manage and deliver advertising. Where required by law, we will seek your consent for this.
● Cookies and Other Automated Information Collection
We, our service providers, and our business partners use these cookies and other similar technologies to process information, including:
● IP address;
● the type of computer or mobile device you are using;
● platform type (like Apple iOS or Android);
● your operating system version;
● your mobile device’s identifiers, like your MAC Address, Apple Identifier For Advertising (IDFA), and/or Android Advertising ID (AAID);
● application performance and de-bugging information;
● your browser type and language;
● referring and exit pages, and URLs;
● the number of clicks on an app feature or web page;
● the amount of time spent on an app feature or web page;
● domain names;
● landing pages;
● pages viewed and the order of those pages; and/or
● what your current progress is in our Services and the date and time of activity.
● PROCESSING AND USE OF YOUR PERSONAL INFORMATION
We only collect and use your personal information when we have a legitimate reason for doing so. Most commonly, we will use your personal data in the following circumstances:
● Provide our Services and create accounts in those Services
● Improve, optimize and personalize our Services and our users’ experiences
● Help you to connect with other people you know and other third-party platforms you use, including communicating with other users
● Communicate with you about the Services you are using or we think you will like, including updates, new Services, pre-registrations and promotional marketing offers
● Customer service and managing user communications, including technical support
● Marketing, research, analytics and delivering contextual and behavioral advertising
● Administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by us or our business partners
● Protect the safety and well-being of our users and others
● Where you provide sensitive or special category personal information to us
● Maintain our business operations, including any business transition, like a merger, acquisition by another company, or sale of all or part of our assets
● For security purposes and to prevent fraud or potentially illegal activities, and to enforce the applicable Terms of Service
● Cooperate with public authorities and law enforcement where lawfully permitted or required
● Protect our rights, including compliance with applicable legal obligations, resolving any disputes we may have, and to administer our agreements with third parties
● DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
We share your personal data with our third-party service providers, agents, subcontractors and other associated organizations, our group companies, and affiliates (as described below) in order to complete tasks and provide the Platform and services to you on our behalf. When using third party service providers, they are required to respect the security of your personal data and to treat it in accordance with the law.
We may disclose personal information to:
● a parent, subsidiary, or affiliate of the Company
● third-party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, hosting and server providers, analytics, error loggers, debt collectors, maintenance or problem-solving providers, professional advisors, and payment systems operators
● our employees, contractors, and/or related entities
● our existing or potential agents or business partners
● credit reporting agencies, courts, tribunals, and regulatory authorities, in the event you fail to pay for goods or services we have provided to you
● courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise, or defend our legal rights
● third parties, including agents or sub-contractors, who assist us in providing information, products, services, or direct marketing to you
● third parties to collect and process data
● an entity that buys, or to which we transfer all or substantially all of our assets and business
● SECURITY OF YOUR PERSONAL INFORMATION
If you have an account registered directly with us, your profile information is protected by the password you use to access your account. It is important that you protect and maintain your account’s security and that you immediately tell us of any unauthorized use of your account. If you forget the password to your account, the Services allow you to request that instructions be sent to you that explain how to reset your password. Where you access our Services through another account (for example, a social network) please keep that account information secure as well. We urge you to log out of your account and any social network account you have used to access our Services when you are finished using them.
While we take precautions against possible security breaches of our Services and our customer databases and records, no website or Internet transmission is completely secure. We cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur, and we cannot guarantee the security of your information while it is being transmitted to our Service. Any transmission is at your own risk.
● HOW LONG WE KEEP YOUR PERSONAL INFORMATION
How long we retain your personal information depends on why we collected it and how we use it, but we will not retain your personal information for longer than is necessary for to provide you with the Services or for our legal requirements.
We will retain personal information that is connected with your account and/or the Services you use from us for as long as you have an active account with us. We will take measures to delete this personal information if you delete your account. However, you acknowledge that we may retain some information after you have closed, or we have deleted, your account with us where necessary to enable us to meet our legal obligations or to exercise, defend, or establish our rights.
● YOUR RIGHTS AND CONTROLLING YOUR PERSONAL INFORMATION
Notwithstanding the above, we cannot edit or delete any information that is stored on a blockchain, for example the Binance Smart Chain (BSC), as we do not have custody or control over any blockchains. The information stored on the blockchain may include purchases, sales, and transfers related to your blockchain address.
● CHILDREN’S PRIVACY
The Platform is not directed to children under 18 (or other age as required by local law), and we do not knowingly collect personal information from children. If you are a parent or guardian and believe your child has uploaded personal information to our Platform without your consent, you may contact us at [email protected]. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account if applicable.
● BUSINESS TRANSFERS
If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data, including your personal information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.
● INTERNATIONAL TRANSFERS
All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States, members of the European Union, or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.
● LIMITS OF OUR POLICY
Our Platform may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites and cannot accept responsibility or liability for their respective privacy practices.
● CHANGES TO THIS POLICY
If the changes are significant, or if required by applicable law, we will contact you (based on your selected preferences for communications from us) and all our registered users with the new details and links to the updated or changed policy.
If required by law, we will get your permission or give you the opportunity to opt in to or opt out of, as applicable, any new uses of your personal information.
● SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS
This Supplemental Notice for California Residents only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (the “CCPA”). The CCPA provides California residents with the right to know what categories of personal information we have collected about them, and whether we disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information by visiting: https://www.oag.ca.gov/privacy/ccpa .
● SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS
If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us at [email protected] with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account.
● YOUR RIGHTS AS A DATA SUBJECT (GDPR)
You have certain rights under applicable legislation, and in particular under Regulation EU 2016/679 (General Data Protection Regulation or ‘GDPR’). You can find out more about the GDPR and your rights by accessing the European Commission’s website.
● CONTACT US FOR QUESTIONS AND REPORTING VIOLATIONS
Terms and Conditions
These Terms and Conditions (hereafter the “Terms”) PlanetMoon LTD. (“PlanetMoon”) and the User (referred to herein as the “User” or “YOU”). The Terms govern the execution and receipt of the PlanetMoon (the “Service”) provided by PlanetMoon to the User on the PlanetMoon website (the “Site”). They apply to all services provided by PlanetMoon.
● Description of the Service
PlanetMoon is a decentralized application (dApp) deployed on the Binance Smart Chain (BSC) network (the “Protocol”) that enables smart contract creation for token teams and consumers. PlanetMoon provides resources about tokenized projects that are utilizing the PlanetMoon platform. All information provided in connection with your access and use of the Site and the Services is for informational purposes only. You should not take, or refrain from taking, any action based on any information contained on the Site or any other information that we make available at any time, including blog posts, data, articles, links to third-party content, discord content, news feeds, tutorials, tweets, and videos. Before you make any financial, legal, technical, or other decisions involving the Services, you should seek independent professional advice from a licensed and qualified individual in the area for which such advice would be appropriate. The Services provide, or third parties may provide, links to other sites, applications, or resources. You acknowledge and agree that we are not responsible for the availability of such external sites, applications or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we will 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 site or resource. Because the Site provides information about PlanetMoon and various tokenized projects, these Terms also provide some information about the use of the Binance Smart Chain (BSC) protocol. This information is not intended to be comprehensive or address all aspects of the Protocol. There is additional documentation on the Site about the functioning of the Protocol or its ecosystem or community.
Terms used in these Terms with their initial letters capitalized have the meanings ascribed to them in this section or where they are elsewhere defined in these Terms. Any term defined in the singular will have the corresponding definition in the plural (and vice versa). As used in these Terms:
“Confidential Information” means all non-public information disclosed by one party to the other in connection with these Terms that the disclosing party marks as confidential or which the receiving party should reasonably know to be the confidential information of the other party.
“Digital Assets” means digital representations of securities, rights, financial instruments, and/or units of accounts booked on a distributed ledger/blockchain. For the avoidance of doubt, Digital Assets include payment tokens, utility tokens, and asset/security tokens as defined by FINMA.
“Party” means the User or PlanetMoon, as applicable, and “Parties” means the User and PlanetMoon collectively.
“Protocol” means the Binance Smart Chain (BSC) blockchain network.
“Service” means the PlanetMoon decentralized application (dApp) deployed on the Binance Smart Chain (BSC) network (the “Protocol”) that enables smart contract creation for token teams and consumers. PlanetMoon provides resources about tokenized projects that are utilizing the PlanetMoon platform.
“Supported Network” means the Binance Smart Chain (BSC) blockchain protocol for which PlanetMoon is able to perform the Service.
“Terms” means these Terms and Conditions.
“User” means the Party using the Service provided by PlanetMoon.
● Assumption of Risk
You assume the risks of engaging in transactions that rely on smart contracts and other experimental technology.
Transactions on the Protocol rely on smart contracts stored on various blockchains, cryptographic tokens generated by the smart contracts, and other nascent software, applications and systems that interact with blockchain-based networks. These technologies are experimental, speculative, inherently risky, and subject to change. Among other risks, bugs, malfunctions, cyberattacks, or changes to the applicable blockchain (e.g., forks) could disrupt these technologies and even result in a total loss of Digital Assets and or their market value. You are solely responsible for the safekeeping of the private key associated with the blockchain address used to interact with the Protocol. We assume no liability or responsibility for any such risks. If you are not comfortable assuming these risks, you should not access or engage in transactions using blockchain-based technology.
One of the other defining features of blockchain technology is that its entries are immutable, which means, as a technical matter, they generally cannot be deleted or modified by anyone. This includes smart contracts and Digital Assets generated and programmed by smart contracts.
THUS, TRANSACTIONS RECORDED ON THE BLOCKCHAIN, INCLUDING TRANSFERS OF DIGITAL ASSETS AND DATA PROGRAMMED INTO THESE ASSETS (SUCH AS REVENUE AND INTEREST ALLOCATIONS), MUST BE TREATED AS PERMANENT AND CANNOT BE UNDONE BY US OR BY ANYONE. YOU MUST BE VERY CAREFUL WHEN YOU FINALIZE ANY TRANSACTION THAT WILL BE RECORDED ON THE BLOCKCHAIN.
● PlanetMoon’s Responsibilities
It is important to understand that neither we nor any affiliated entity is a party to any transaction on the blockchain networks that are listed on the PlanetMoon Site. Furthermore, we do not have possession, custody or control over any Digital Assets appearing on the Services; and we do not have possession, custody, or control over any user’s funds.
During the Term of the Service, PlanetMoon operates the Service in a diligent and professional manner in accordance with applicable industry standards.
Due to the non-custodial and decentralized nature of blockchain technology, we are not intermediaries, agents, advisors, or custodians, and we do not have a fiduciary relationship or obligation to you regarding any other decisions or activities that you affect when using our Services. You acknowledge that we, for the avoidance of doubt, do not have any information regarding any users, users’ identities, or services beyond what is available or obtainable publicly via the blockchain. We are not responsible for any activities you engage in when using Services, and you should understand the risks associated with Digital Assets, blockchain technology generally, and our Services.
● Availability of the Service
PlanetMoon will provide the User with all information necessary to use the Service. The User acknowledges that PlanetMoon is making the Service available through the Internet or through other means mutually acceptable to the User and PlanetMoon and that access to the Internet and the Service is dependent on numerous factors, technologies, and systems, all of which are beyond the authority and control of PlanetMoon. The User acknowledges and agrees that PlanetMoon shall not be liable or responsible for any inability of the User to access the Service due to blockchain and/or computer network issues. PlanetMoon will strive to provide the Service or repair any fault under its full control, as the case may be, in an appropriate and generally accepted manner using the resources available. The User acknowledges and agrees that PlanetMoon may employ, delegate, engage, associate, or contract with one or more affiliates, agents, or service providers as PlanetMoon may deem necessary or desirable to assist it in providing the Service or discharging its other obligations under these Terms; provided, however, that PlanetMoon shall be as responsible to the User for the acts and omissions of any such affiliates, agents or service providers as it is for its own acts and omissions under these Terms.
● Access to the Service; Restrictions on Use
This Service is a private service. Access and use of the Service is limited to PlanetMoon’s Users only. The User shall not permit any other entity or person to use the Service and the User shall immediately notify PlanetMoon of any unauthorized use of the Service.
● Acceptable Use
The User may not (a) reverse engineer, disassemble, or decompile any part of the Services. The User shall bear the risk of loss for and assumes all liability arising from, any unauthorized or fraudulent usage of Services (or any hardware or software component thereof). In addition, User agrees not to (i) send or store malicious code in connection with the Services or otherwise interfere with or disrupt the performance of the Services, (ii) use manual or automated tools to scan or probe the Services in order to determine vulnerabilities, or (iii) attempt to gain access to the Services or its related systems or networks in a manner inconsistent with the permitted use of the Service. PlanetMoon reserves the right, but is not required, to take any and all action it deems appropriate, including, without limitation, blocking access to geographic areas or suspending access to Services (or any hardware or software component thereof), in order to prevent or terminate any fraud, abuse or illegal use of or activities in connection with the Services or any other breach of this section, provided, however, that any such action by PlanetMoon shall be consistent with applicable laws, rules, and regulations.
● Immediate Termination or Suspension
PlanetMoon may, at any time and without delivery of prior written notice to the User, terminate or suspend these Terms, in whole or in part, immediately if PlanetMoon learns, or believes in its sole judgment, that (i) the Service has been or may be used by the User for any illegal or unlawful purpose or in a manner that breaches any applicable law or regulation; (ii) the User is acting or has acted in a manner that threatens or may threaten the fair and orderly use of the Service, or (iii) the User permits other entities than itself to use the service.
A. Effect of Termination
Upon termination, the User shall (i) cease to use of the Service; and (ii) pay to PlanetMoon all fees and expenses outstanding through the termination date. Further, the termination of these Terms, for any reason, shall not affect the entitlement of PlanetMoon to any fees and expenses due. All representations, warranties, and covenants made in or pursuant to these Terms will survive the termination of these Terms.
● Proprietary Information
The User acknowledges and agrees that PlanetMoon owns and shall retain all right, title and interest in and to the Service, all components thereof, including without limitation all related applications, all application programming interfaces, user interface designs, software and source code and any and all intellectual property rights therein, including, without limitation all registered or unregistered (a) copyright, (b) trade mark, (c) service mark, (d) trade secret, (e) trade name, (f) data or database rights, (g) design rights, (h) moral rights, (i) inventions, whether or not capable of protection by patent or registration, (j) rights in commercial information or technical information, including know-how, research and development data and manufacturing methods, (k) patent and (l) other intellectual property and ownership rights, including applications for the grant of any of the same, in or to the Service and all other related proprietary rights of PlanetMoon (together, with any and all enhancements, corrections, bug fixes, updates and other modifications to any of the foregoing and any and all data or information of any kind transmitted by means of any of the foregoing. The User further acknowledges and agrees that the Proprietary Information is the exclusive, valuable, and confidential property of PlanetMoon. The User acknowledges and agrees that it shall not reverse engineer, copy, bug fix, correct, update, transfer, reproduce, republish, broadcast, create derivative works based on or otherwise modify, in any manner, all or any part of the Service or the Proprietary Information. The User further agrees to keep, the Proprietary Information confidential and not to transfer, rent, lease, loan, sell or distribute, directly or indirectly, all or any portion of the Service or any Proprietary Information to any third party without the prior written consent of PlanetMoon.
Use of Data
● Use of Data
PlanetMoon may collect and store information regarding the User and share it with its affiliates, agents, and service providers in order to: (i) provide the Service; and (ii) manage PlanetMoon’s business, including, but not limited to, User on-boarding, financial and operational management and reporting, risk management, legal and regulatory compliance, and User service management. PlanetMoon shall require any affiliate, agent, or service provider to which it has disclosed Data pursuant to this section to comply with the Terms.
● User Representations and Warranties
To the extent applicable to each User, the User represents and warrants to PlanetMoon that:
Knowledge & expertise: User has read in full and that it understands and agrees with the Supported Network, and it has adequate knowledge and expertise of distributed ledger/blockchain technologies, staking, accounts, keys, and other details of the Supported Network.
Due diligence: User has conducted its own, independent, thorough, and positive due diligence on the Services provided by PlanetMoon, the Supported Network, Digital Assets, and other matters considered in these Terms in determining to use the Service.
Own account: User is acting for its own account and has made its own independent decision to enter into these Terms and as to whether these Terms is appropriate or proper based upon its own judgment and upon advice from such advisers as it has deemed necessary.
No breach: User will not violate any law, regulation, decree or legal restriction, tax regulation or obligation, or any order or judgment of any court or other agency of government when using the Service. The User confirms in particular that it will fully comply with all applicable laws & regulations. The User represents and warrants that it holds, and is in compliance in all material respects with, all licenses, registrations, permits, variances, exemptions, authorizations, orders, and approvals of all governmental and/or regulatory authorities necessary for the operation of its business.
● Limited Warranty of PlanetMoon
PLANETMOON REPRESENTS AND WARRANTS TO THE USER THAT IT SHALL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE SERVICE WITHOUT INTRODUCING ERRORS OR OTHERWISE CORRUPTING ANY DATA SUBMITTED BY THE USER. THE USER ACKNOWLEDGES AND AGREES THAT EXCEPT AS SET FORTH IN THE PREVIOUS SENTENCE, THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE BLOCKCHAIN DATA AND THE INFORMATION CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS" AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PLANETMOON MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL COMPLY WITH ANY OBLIGATIONS THAT USER MAY HAVE UNDER ANY APPLICABLE LAWS, RULES, REGULATIONS, OR SIMILAR OBLIGATIONS AND PLANETMOON SHALL NOT HAVE ANY LIABILITY OR BE RESPONSIBLE FOR ANY DAMAGES, LIABILITIES, SLASHING PENALTIES, LOSSES, COSTS, OUT-OF-POCKET COSTS OR EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USER’S COMPLIANCE WITH ANY OBLIGATIONS UNDER ANY APPLICABLE LAWS, RULES, REGULATIONS, OR SIMILAR OBLIGATIONS. WITHOUT LIMITING THE FOREGOING, PLANETMOON DOES NOT REPRESENT OR WARRANT THAT (I) THE SERVICE WILL BE ERROR FREE, UNINTERRUPTED, OR AVAILABLE AT ALL TIMES; (II) THAT THE SERVICE WILL REMAIN COMPATIBLE WITH, OR OPERATE WITHOUT INTERRUPTION ON, ANY EQUIPMENT PROVIDED BY USER. (III) USER ACKNOWLEDGES AND AGREES THAT TECHNICAL PROBLEMS MAY PREVENT PLANETMOON FROM PROVIDING ALL OR ANY PART OF THE SERVICE AND (IV) EXCEPT AS SET FORTH IN THE FIRST SENTENCE OF THIS SECTION, PLANETMOON MAKES NO WARRANTIES AND THE USER RECEIVES NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING OR RELATING TO THE SERVICE AND PLANETMOON HEREBY SPECIFICALLY DISCLAIMS, OVERRIDES AND EXCLUDES. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, CONDITIONS, OTHER CONTRACTUAL TERMS, REPRESENTATIONS, INDEMNITIES, AND GUARANTEES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY PLANETMOON OR ANY OF ITS AGENTS OR AFFILIATES OR OTHERWISE (INCLUDING BUT NOT LIMITED TO, AS TO TITLE, SATISFACTORY QUALITY, ACCURACY, COMPLETENESS, UNINTERRUPTED USE, NONINFRINGEMENT, TIMELINESS, TRUTHFULNESS, SEQUENCE AND ANY IMPLIED WARRANTIES, CONDITIONS AND OTHER CONTRACTUAL TERMS ARISING FROM TRANSACTION USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE).
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, PLANETMOON WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, AND / OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS. SPECIFICALLY, PLANETMOON WILL NOT BE LIABLE FOR USER’S LOSSES ARISING FROM SLASHING PENALTIES. IN NO EVENT WILL PLANETMOON’S AGGREGATE LIABILITY UNDER THESE TERMS, WHETHER BASED IN CONTRACT, EQUITY, NEGLIGENCE, TORT, OR OTHERWISE EXCEED THE NET REWARDS OR REVENUE PAID TO USER HEREUNDER DURING THE PERIOD SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
● Warranty for Third-Party Products
PlanetMoon will not be held liable for any defects of the source codes and software which are an integral part of the Software used to provide the Service, but are not proprietary to PlanetMoon, such as the open-source codes of Validators and/or distributed ledger/blockchain nodes.
● By PlanetMoon
PlanetMoon will indemnify, defend and hold harmless the User from and against any and all damages, liabilities, losses, costs, and reasonable out-of-pocket costs and expenses (including reasonable attorneys’ fees) to the extent arising out of any claim, action, or allegation brought under the laws of British Virgin Islands by any third party that the use of the Service by the User violates the copyright, patent or other intellectual property rights of such third party. The obligation of PlanetMoon to provide such indemnity will not apply to the extent that (i) any software or hardware supplied to the User in respect of the Service is modified by persons or entities other than PlanetMoon and the alleged violation relates to such modification, (ii) any such software or hardware is combined with other products, processes or materials not supplied or recommended by PlanetMoon, where such alleged violation would not have arisen but for such combination, (iii) any such software or hardware is modified by PlanetMoon in compliance with the directions of the User and the alleged violation relates to such modification, (iv) the User continues to use such software or hardware after PlanetMoon has made available a non-infringing alternative to the User or (v) such damages, liabilities, losses, costs or expenses arise as a result of the fraud or willful misconduct of the User.
● By the User
The User will indemnify, defend and hold PlanetMoon, and each of its officers, directors, employees and agents, harmless from and against any and all damages, liabilities, losses, costs and reasonable out-of-pocket costs and expenses (including, but not limited to, reasonable attorneys’ fees) to the extent arising out of any claim, action or allegation brought under the laws of the British Virgin Islands by any third party relating to, resulting from, in connection with or arising out of (i) any breach of these Terms by the User, (ii) the use of the Service by the User, (iii) any failure on the part of the User to comply with any applicable law, rule and regulation, including holding, maintaining and complying with the necessary licenses, recognitions, registrations, authorizations, exemptions and memberships necessary for the conduct of its business and with respect to the use of the Service, except, in each case, to the extent that such damages, liabilities, losses, costs and expenses are incurred as a result of the fraud or willful misconduct of PlanetMoon.
● Obligations; Control of Defense
Any party that seeks indemnity must (i) not be in breach of these Terms, (ii) give prompt notice to the other party of any such claims, actions, or allegations against it, (iii) allow the other party to take control of the defense and settlement thereof at the sole expense of the other party and (iv) not agree to any settlement without the prior written consent of the other party.
● Limitations of Liability
The User acknowledges and agrees that PlanetMoon shall not have any liability in or be responsible for any damages, liabilities, losses, costs, out-of-pocket costs, or expenses (including attorneys’ fees), whether direct, indirect, special, incidental, consequential, punitive or otherwise of any kind (including, without limitation, any loss of revenue, loss of actual or anticipated profits, loss of contracts, loss of the use of money, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation or loss of, damage to or corruption of data), in each case arising under or related to claims of breach of contract, tort, including negligence, strict liability, negligent misrepresentation, restitution, breach of statutory duty or any other cause of action whatsoever with respect to these Terms, the Service, or any other matters or services contemplated hereby. Notwithstanding anything to the contrary herein and without limiting the foregoing, the User acknowledges and agrees, that PlanetMoon shall not be liable in any manner to the User for (i) the failure of any Transaction or Transfer through the Service to perform its settlement or other obligations under such Transaction or (ii) the failure of the Service to deliver, display or transmit orders, messages or other data entered into the Service by the User. As a consequence, PlanetMoon shall not be held liable for: any loss or theft of Digital Assets including, but not limited to private keys; transaction errors done by the User; late execution or settlement of any transaction whatsoever, in particular, if the blockchain is down or congested; the incorrect booking of transactions or the presence of an error in ordering the booking of transactions in a blockchain; any security breach or weakness, bug, of any kind for a digital asset; any security breach or weakness, bug, of any kind in the technology stacks used including but not limited to programming languages and open-source libraries; any configuration or installation errors by the User.
Any notice required or permitted to be given in connection with these Terms will be deemed to be delivered if it is personally delivered or sent by electronic mail (email), certified or registered mail or overnight courier, postage prepaid with return receipt requested, and addressed to the relevant party thereto at the address specified on the signature pages hereto or at such other address as such party may specify to the other party in writing from time to time.
PlanetMoon has made no commitments or promises orally or in writing with respect to delivery of any future features or functions of the Services. In relation to any future features or functions, all presentations, requests for proposal responses, and/or product roadmap documents, information, or discussions, either prior to or following the entering into of these Terms, are for informational purposes only, and PlanetMoon shall have no obligation to provide any future releases or upgrades or any features, enhancements or functions unless specifically agreed to in writing by both parties. User acknowledges that no decisions are based upon any future features or functions of the Services.
● Discontinuation of Service
PlanetMoon reserves the right to discontinue Service at any time for any or no reason. If PlanetMoon decides to discontinue Service, it will announce its intention to do so providing a minimum of 30 calendar days’ notice.
Except as otherwise provided below, neither party may assign, transfer or otherwise dispose of these Terms or any rights or obligations hereunder without the prior written consent of the other party. Notwithstanding the foregoing, (a) PlanetMoon may assign or transfer these Terms or any rights or obligations hereunder to any affiliate of PlanetMoon without the prior written consent of the User, and (b) either party shall have the right to assign or transfer these Terms in connection with the merger or acquisition of such party or the sale of all or substantially all of its assets, without such consent. These Terms shall be binding upon and inure to the benefit of the parties hereto, their respective successors, and permitted assigns.
By agreeing to these Terms, the parties hereby acknowledge and agree that any and all disputes, controversies, or claims arising out of or relating to this Agreement, including without limitation any questions concerning its existence, validity, construction, performance, or termination, shall be exclusively resolved by binding arbitration in accordance with the provisions of this Arbitration Clause.
The arbitration shall be governed by and conducted in accordance with the laws of the British Virgin Islands. The arbitration shall be administered by the British Virgin Islands International Arbitration Centre ("BVI IAC") in accordance with its Arbitration Rules ("Rules") in force at the time of the commencement of the arbitration, which are deemed to be incorporated by reference into this Arbitration Clause.
The parties shall maintain the confidentiality of the arbitration proceedings and any arbitral award, except as may be required by law or for the purpose of enforcing or challenging the award. The existence of the arbitration, any information disclosed during the arbitration, and the arbitral award shall not be disclosed to any third party without the prior written consent of the other party.
The arbitrator shall, in the arbitral award, allocate between the parties the costs of the arbitration, including the fees and expenses of the arbitrator, the fees and expenses of the BVI IAC, and the reasonable legal and other costs incurred by the parties, in such manner as the arbitrator deems appropriate. The allocation of costs shall be at the discretion of the arbitrator and may include an apportionment of costs to reflect the relative success of the parties in the arbitration.
● Governing Law; Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the British Virgin Islands. The parties agree to submit to the exclusive jurisdiction of the British Virgin Islands, for the adjudication of any case or controversy arising under these Terms and the parties hereby waive their right to a trial by jury in any such litigation.
PlanetMoon is entitled to amend and modify these Terms at any time. The User will be notified of any amendments by appropriate means (i.e. via e-mails or via publication on the PlanetMoon legal website). The amendments shall be deemed to have been accepted by the User unless an objection is raised in writing within 30 days of notification, but in any event when the Service is used. In the event of an objection, the User shall be free to terminate these Terms with 30 days' notice.
The version of these Terms currently in force, as amended from time to time, can be accessed on the PlanetMoon legal website at planetmoon.io
● Force Majeure
Any delay in or failure of performance by either party under these Terms will not be considered a breach and will be excused to the extent such delay in or failure is caused by any event beyond the reasonable control of such party, including, but not limited to, acts of God, acts of civil or military authorities, strikes or other labor disputes, fires, pandemic, interruptions in telecommunications or Internet or network service providers, acts or omissions of a third party hardware or software supplier or a third party communications provider, power outages and governmental restrictions.
If any provision of these Terms shall be held or made invalid by a court decision, statute, rule of law, or otherwise, the remainder of these Terms will not be affected and to that extent, the provisions of these Terms will be deemed to be severable.
● Entire Terms
These Terms constitutes the sole and entire Terms of the parties to these Terms with respect to the subject matter contained herein and supersedes all prior terms, understandings, representations, and warranties, both written and oral, with respect to such subject matter.
● No Waiver
No failure on the part of any party to exercise, and no delay on its part in exercising, any right or remedy under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further or future exercise thereof or the exercise of any other right or remedy.
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