TERMS OF SERVICE

Please read this Terms of Service carefully before using Lunar Client services.

General Information Last 2022-04-04

Updated 00:00
Welcome to the Lunar Client! These
Terms governs your access to and use
of the Services, as de�ned herein, and
any associated content related DEFINITIONS
updates, upgrades, and features.
These Terms are a legally binding LICENSE
agreement between you and
Moonsworth, LLC. Read these Terms
CHILDREN
carefully before using the Services. By UNDER 18
accessing the Services, you hereby
agree and assent to all terms,
USERS AND
conditions, and obligations herein. IF SERVICES
YOU DO NOT AGREE WITH THESE
TERMS OR ANY PORTION THEREOF,
MISCELLANEOUS
YOU MAY NOT USE OR OTHERWISE
ACCESS THE SERVICES.
We may amend these Terms at any
time by posting a revised version on D O C U M E N TAT I O N
the Website. Each revised version will PRIVACY
state its effective date, which will be
effective on or after the date in which it
POLICY
is posted or sent. Your continued use
of the Services after the effective date
constitutes your acceptance of the COMMUNITY
revised Terms. OUR
These Terms are, at all times, subject STAFF
to our Privacy Policy, as amended from
time to time.
EMPLOYMENT
By using the Services, you con�rm that
you are above the minimum age and JOB
are not barred from using the Services OPENINGS
under applicable law.

THE LUNAR CLIENT IS AN

INDEPENDENT MINECRAFT MOD.
NEITHER THE LUNAR CLIENT NOR
MOONSWORTH LLC IS AFFILIATED
WITH, ENDORSED BY, OR OTHERWISE
CONNECTED TO MOJANG AB OR THE
MICROSOFT CORPORATION. THE
TERMS “MINECRAFT,” “MOJANG,”
MICROSOFT, AND ANY OTHER
PRODUCT MARKS, TRADEMARKS,
LOGOS, WORD MARKS, OR SERVICE
MARKS, ALONG WITH MINECRAFT
AND UNDERLYING MATERIALS
THEREIN ARE THE PROPERTY OF
THEIR RESPECTIVE OWNERS. USE OF
THE FOREGOING DOES NOT IMPLY
ANY AFFILIATION WITH OR
ENDORSEMENT MOJANG OR
MICROSOFT.

OUR SERVICES ARE INTENDED FOR

PERSONS OVER THE AGE OF 13 (OR
16 IN SOME JURISDICTIONS). IF YOU
ARE UNDER THE AGE OF 13 (OR 16
DEPENDING ON YOUR JURISDICTION)
YOU MAY NOT USE THE SERVICES.

2. De�nitions

“Account” means, any individual User

account that is automatically created
when you use the Services and is
linked Minecraft account.

“Communication Services” means the

chat function and any other related
service that Lunar Client Users can use
to communicate and interact with one
another

“Company” means Moonsworth, LLC.

References to “us” “we,” or “our” means
Company, including any and all
subsidiaries, parent companies, joint
ventures, and other corporate entities
under common ownership and/or any
of their agents, consultants,
employees, officers, and directors.
Company does not include a�liates or
third parties (analytics or ad tech
companies, or similar organizations).

“Cosmetic Items” means those digital

items for use in Minecraft that are
produced and offered for sale by the
Lunar Client.

“Dispute” means any controversy

related to this agreement, including
without limitation claims arising out of
or relating to any aspect of the
relationship between you and
Company, claims that arose before
these Terms, and claims that may
arise after the termination of these
Terms; however, this does not include
claims related to or arising from the
enforcement or protection of
Intellectual Property Rights, and is
subject to any applicable statutory
consumer rights laws in your local
jurisdiction.

“Intellectual Property Rights” means,

any and all right, title, and interest of
every kind whatsoever, whether now
known or unknown, in and to patents,
trade secret rights, copyrights,
trademarks, service marks, trade dress
and similar rights of any type under the
laws of any governmental authority,
including, without limitation, all
applications and registrations relating
to the foregoing.

“Lunar Client” a Minecraft mod server

that is owned and operated by
Company and available via the
Website.

“Minecraft” means the computer game

known as Minecraft, which is produced
and operated by Mojang AB.

“Notice” means a delivered writing by

email, courier, or postal delivery to the
other party at their respective address
and will be effective upon receipt.

“Privacy Policy” means the Company

policy regarding data privacy, which
also governs your use of the Services
and is incorporated herein by
reference.

“Protected Content” means all content,

included as part of the Services and
any compilation thereof including,
without limitation, Cosmetic Items, the
look and feel of the Services, the text,
graphics, source code, sound
recordings, musical composition,
narrative, characters, images, literary
works, and any other works of
authorship or other materials
contained therein, whether or not
protectable by copyright, trademark, or
other applicable law or legal theory.

“Services” means the Lunar Client and

the Website, inclusive of any
associated services or materials
thereon.

“Terms” means these terms of service

and end user license agreement and
any terms, conditions, covenants,
representations, warranties,
obligations, and licenses contained
herein.

“User ,” “you” or “your” means any user

of the Services, or any or owner, o�cer,
employee, a�liate, or agent of the
same that uses the Services or any
portion thereof.

“User Generated Content” means any

photos, images, likenesses, logos,
marks, literary works, sound
recordings, musical composition,
audiovisual works and programs,
modes, animations, names, and any
other content or materials posted or
otherwise integrated into the Services
via the User including, without
limitation, user submitted info about
parks and outdoor locations.

“Website” means the online website

“https://www.lunarclient.com/”
including all sub-pages, sub-domains,
and associated domains thereof.

2. License

The Services are licensed to you for

your personal use and entertainment.
Company hereby grants you a
personal, limited, non-transferable,
fully, revocable, and non-exclusive
License to use the Services for your
non-commercial use, subject to your
compliance with these Terms. You
may not access, copy, modify or
distribute the Services, unless
expressly authorized by Company or
permitted by applicable law. You may
not reverse engineer or attempt to
extract or otherwise use source code
or other data from the Services, unless
expressly authorized by Company or
permitted by law. Company or its
licensors own and reserve all other
rights, including all right, title and
interest in the Services and all
materials or content therein, and all
associated Intellectual Property
Rights.

If you purchase any Cosmetic Items,

Company hereby grants you a limited,
non-exclusive, non-commercial license
to use the Cosmetic Item within the
Lunar Client. You acknowledge and
agree that you may not reproduce, re-
distribute, transmit, copy, publish,
publicly perform or display, or create
derivative works based on the
Cosmetic Item or otherwise use or
exploit the Cosmetic Item in any
manner not authorized by these
Terms.

3. License Restrictions and Prohibited

Conduct

You may not do any of the following

with respect to the Services or any
components thereof:

1. Use the Services commercially or

 for a promotional purpose,
except as otherwise authorized
herein;

2. Copy, reproduce, distribute,

display, publicly perform, publish,
or use the Services or any portion
or aspect thereof, in any way that
is not expressly authorized in
these Terms;

3. Reverse engineer, decompile,

disassemble or otherwise
attempt to discover the source
code of the Services or any part
thereof, except and only to the
extent that this activity is
expressly permitted by the
applicable law of your country of
residence;

4. Modify, adapt, translate or create

derivative works based upon the
Services or any part thereof,
except and only to the extent that
such activity is expressly
permitted these Terms or by
applicable law notwithstanding
this limitation;

5. Remove, circumvent, disable,

damage or otherwise interfere
with security-related features of
the Services;

�. Access the Services or any

website, server, software
application, or other computer
resource owned, used and/or
licensed by Company, by means
of any robot, spider, scraper,
crawler or other automated
means for any purpose, or
bypass any measures Company
 may use to prevent or restrict
access to any website, server,
software application, or other
computer resource owned, used
and/or licensed to Company;

7. Interfere with or disrupt the

Services or servers or networks
connected to the Services, or
disobey any requirements,
procedures, policies or
regulations of networks
connected to the Services;

�. Harvest or collect the email

addresses or other contact
information of other Users;

9. Use the Services for any illegal

purpose, or in violation of any
local, state, national, or
international law or regulation,
including, without limitation, laws
governing intellectual property
and other proprietary rights, data
protection and privacy.

4. Children Under 18

1. By using the Services, you

warrant and represent that you:
1) are at least 18 years of age
and otherwise legally competent
to read, understand and accept
the provisions of this agreement;
or 2) are a minor who has been
authorized under the provisions
of Section 4(b) below.

2. If you are the legal guardian of a

minor, you can choose to allow
use of the Services by that minor
instead of yourself subject to the
following provisions:
 1. You acknowledge, and
further agree that the
aforementioned minor is
entering into an agreement
with your consent;

2. You acknowledge, and

further agree you are
entirely responsible for all
the provisions in these
Terms;

3. You acknowledge, and

further agree, you are
legally responsible for all
actions of that minor,
including but not limited to
any payments, damages
and/or liabilities related to
the actions of that minor;

4. In consideration of
Company allowing access
to the Services by a minor,
and in addition to the
indemni�cation provisions
set forth herein, the
foregoing adult hereby
guarantees and agrees to
pay for any and all liabilities
of any nature whatsoever
incurred under this
agreement and to defend,
indemnify and hold
harmless Company with
respect thereto.

5. Account

When use the Services, a unique Lunar

Client Account will automatically
generate for you that is linked to your
personal Minecraft account. All
Accounts are subject to these Terms.
You are solely responsible for
maintaining the con�dentiality and
security of your Account and
password. Such security includes but
is not limited to restricting access to
your computer, laptop, tablet, or mobile
device that you use to access the
Services and/or where such password
may be stored. You agree that you are
solely responsible for all activities and
actions that occur under the auspices
of your Account. You agree not to
assign or otherwise transfer your
Account to or share your password
with any other person or entity. You
acknowledge and agree that Company
is not responsible for third-party
access to your Account that results
from theft or misappropriation of your
password or other Account
credentials. You hereby acknowledge
and agree that any action taken under
your Account will be presumed to have
been authorized by you.

You further acknowledge and agree

that by using Minecraft or setting up a
Minecraft account, you may be subject
to an agreement(s) with the Microsoft
Corporation and/or Mojang AB. For
your reference, Mojang’s terms and
conditions are available here and the
Microsoft services agreement is
available here. You acknowledge and
agree that Company is not a party to
any of the foregoing agreements or
any other agreements between you
and Microsoft and/or Mojang and
compliance with such agreements is
not monitored, enforced, or controlled
by Company. If Company receives
notice that your activity violates any of
the foregoing or any similar agreement
between you and Microsoft, Mojang, or
any other third party, Company may, in
our sole discretion take action against
your Account to bring you into
compliance with such agreements.
Such actions may include canceling a
transaction and suspending or
terminating your Account privileges
and/or removing certain payment
methods.

You further acknowledge and agree

that by signing up for an Account via
your existing Minecraft account, you
are providing Company with limited
access any information including any
personal information about you
contained within in your Minecraft
Account and associated credentials
for the purpose of creating and
interacting with your Account.

6. Electronic Communication

Each and every time you send an email

or other electronic communication to
Company, such communication will
constitute an electronic
communication. By using the Services,
you consent to receive electronic
communications and you agree that all
agreements, Notices, disclosures and
other communications that Company
provides to you via electronic
communication, individually and
collectively, satisfy any legal
requirement that such
communications be in writing.

7. Cosmetic Items

We may make available for purchase

certain Cosmetic Items on the
Company Website. Any information
regarding Cosmetic Items (including
pricing) and the availability of any
Cosmetic Items (including the validity
of any coupon or discount) are subject
to change at any time without notice.
We shall not be liable to you or to any
third-party for any modi�cation, price
change, suspension or discontinuance
of the Cosmetic Items, Website, or
Service. We make reasonable efforts
to accurately display the attributes of
Cosmetic Items, including the
applicable colors, however the actual
colors you see will depend on your
computer system, and we cannot
guarantee that your computer will
accurately display such colors.

By making a transaction, you represent

that the applicable Cosmetic Items will
be used only in accordance with these
Terms. You agree that you will not
resell any Cosmetic Items obtained
through a transaction, unless we have
provided our express prior written
consent for you to do so.

8. Transactions

If you wish to purchase a Cosmetic

Item, you are required to pay the
applicable purchase price. Unless
otherwise indicated, all fees and other
charges are in U.S. dollars, and all
payments shall be in U.S. currency or
the equivalent amount of
cryptocurrency as excepted by
Coinbase Commerce.

1. Billing and Account Information.

We use Shopify Plus to host our
sales and customer service
platform. We also partner with
third-party payment processors
 including PayPal, Coinbase
Commerce, and XSolla (together
with Shopify Plus each a “Third
Party Platform”) to facilitate
credit card and other payments,
in connection with your purchase
of the Cosmetic Items. Payment
processing time will vary
depending on your location. You
will receive a receipt from the
applicable Third Party Platform
con�rming payment. If your
payment is rejected for any
reason, including insu�cient
funds, Company reserves the
right to contact you directly to
seek payment. By using a Third
Party Platform, you may be
subject to an agreement with
such Third Party Platform. If
Company receives notice that
your activity violates any
agreement between you and or
any Third Party Platform,
Company may, in our sole
discretion take action against
your Account to bring you into
compliance with such
agreements. Such actions may
include canceling a transaction,
suspending your Account
privileges and/or removing
certain payment methods. You
agree to provide current,
complete, and accurate purchase
information for all transactions
conducted via Third Party
Platforms .

2. YOU ACKNOWLEDGE AND

AGREE THAT COMPANY IS NOT
A BROKER, FINANCIAL
INSTITUTION, CREDITOR,
 INSURER OR CHARITABLE
ORGANIZATION AND COMPANY
HAS NO CONTROL OVER THE
CONDUCT OF OR ANY
INFORMATION PROVIDED BY
ANY THIRD PARTY PLATFORM,
INCLUDING ANY TERMS,
SERVICES, CONDITIONS,
REPRESENTATIONS,
COVENANTS, OR WARRANTIES
SET FORTH IN ANY AGREEMENT
BETWEEN YOU AND SUCH
THIRD PARTY PLATFORM AND
COMPANY HEREBY DISCLAIMS
ALL LIABILITY IN THIS REGARD
TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE
LAW.

3. NOTWITHSTANDING THE
FOREGOING, YOU
ACKNOWLEDGE AND AGREE
THAT ANY COSMETIC ITEM
SOLD BY COMPANY IS
PROVIDED ON AN “AS IS” BASIS
AND EXCEPT AS OTHERWISE
EXPRESSLY PROVIDED IN THESE
TERMS, COMPANY DISCLAIMS
ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS OR
IMPLIED, AS TO THE COSMETIC
ITEM, INCLUDING ANY IMPLIED
WARRANTY OF
MERCHANTABILITY, NON-
INFRINGEMENT, OR FITNESS
FOR A PARTICULAR PURPOSE,
AND ANY IMPLIED WARRANTIES
ARISING OUT OF A COURSE OF
PERFORMANCE, DEALING OR
TRADE USAGE.

4. Refunds. Company may, in its

sole discretion, issue refunds to
 users that purchase defective or
otherwise unacceptable
Cosmetic Items. To request a
refund, please contact. For
customers located in the UK or
the EU, please see

1. Right of Withdraw for UK

and EU Consumers: If you
are a resident of the United
Kingdom or European
Union/EEC you have a right
to withdrawal and receive a
refund from certain
transactions. For more
information on this right,
please see our Notice of
the Right to Withdrawal,
located in Section 29
below.

5. Crypto Payments and Gift Cards.

We offer Users the opportunity to
purchase Gift Cards, via crypto
currency, to purchase goods and
services available within the
Services. All such purchases
must be made via our Crypto
Store. For more information on
Gift Cards and Crypto Purchases,
please consult our Crypto and
Gift Card Payment Terms and
Conditions.

9. Intellectual Property Ownership

All Protected Content is the property of

Company or its third-party
suppliers/licensors and protected by
copyright, trademark, and other laws
that protect intellectual property and
proprietary rights. You agree to
observe and abide by all copyright,
trademark and other proprietary
notices, legends or other restrictions
contained in any such content and will
not make any changes thereto.

You will not modify, publish, transmit,

reverse engineer, participate in the
transfer or sale, create derivative
works, or in any way exploit any of the
Protected Content, in whole or in part,
found within the Services. Your use of
the Services does not entitle you to
make any unauthorized use of any of
the Protected Content, and in
particular you shall not delete or alter
any proprietary rights or attribution
notices in any Protected Content. You
shall use Protected Content solely for
your personal use, as outlined in these
Terms, and will make no other use of
the Protected Content without the
express written permission of
Company and/or Protected Content’s
third-party owner, if applicable. You
acknowledge and agree that you do
not acquire any ownership rights in any
Protected Content. Except as provided
for herein, these Terms do not grant
any licenses, express or implied, to the
Protected Content or any other
intellectual property of Company, our
licensors, or any third-party.

10. User Generated Content

By creating any User Generated

Content, you hereby grant Company a
nonexclusive, perpetual, irrevocable,
worldwide, royalty-free, paid-up, fully
transferable and sublicensable license
to reproduce, modify, host, copy,
display, publicly perform, create
derivative works of, publicly display,
transfer, or otherwise use or exploit
such User Generated Content, in whole
or in part, including within the Services
and for any commercial, promotional,
publicity, and marketing purposes.

You hereby represent that any User

Generated Content you create is wholly
original and you own all right, title, and
interest to such User Generated
Content or otherwise have the legal
right and authority to integrate such
User Generated Content into the
Services and grant the license to
Company as described herein. You
further warrant that the authorized use
or exploitation of the User Generated
Content, will not violate any third-party
rights including, without limitation, any
copyright, trademarks or other
intellectual property rights, privacy
rights, or statutory or common law
rights of publicity in any jurisdiction.

Company reserves the right to remove

any User Generated Content that does
not comply with the Agreement.
Company may also remove User
Generated Content that violates
someone else’s rights, including
without limitation any trademarks,
copyrights, patent rights or similar, as
well as statutory and common law
rights of publicity. Finally, Company
may remove the following:

1. User Generated Content that

harasses, defames, or
disparages any individual
including any harassing or
pejorative comments based on
any individual’s sex, sexual
orientation, sexual preference,
transgender status, gender
 identity, race, ethnicity, religion, or
other protected class; or

2. User Generated Content that may

be considered misleading,
fraudulent, or otherwise unlawful
or that is uploaded for an illegal
or unauthorized purpose.

You acknowledge and agree that a

violation of this Section 10 will
constitute a material breach of this
Agreement and if Company discovers
you violated the Section it may, in its
sole discretion, revoke your access to
the Services at any time without Notice
or refund.

11. Use of Communications Services.

You agree to use the Communications

Services only to post, send, and receive
written communications that are
proper and related to the Services.
Materials uploaded to a
Communication Service may be
subject to posted limitations on usage,
content, reproduction and/or
dissemination. You acknowledge and
agree that materials you upload to a
Communication Service shall be
deemed User Generated Content.

YOU MAY NOT UPLOAD ANY

PHOTOGRAPHS, PICTURES OF
DOCUMENTS, PDFS, OR OTHER
DOCUMENTS TO THE
COMMUNICATION SERVICES. You are
responsible for adhering to any
limitations on your use of the
Communications Services set forth
herein and Company reserves the right
to terminate your access to any or all
the Communications Services at any
time, without Notice, for any reason
whatsoever.

By way of example, and not as a

limitation, you agree that when using a
Communication Service, you will not:
defame, abuse, harass, stalk, threaten
or otherwise violate the legal rights
(such as rights of privacy and
publicity) of others; publish, post,
upload, distribute or disseminate any
inappropriate, profane, defamatory,
infringing, pornographic, obscene,
indecent or unlawful topic, name,
material or information; upload �les
that contain software or other material
protected by intellectual property laws
(or by rights of privacy of publicity)
unless you own or control the rights
thereto or have received all necessary
licenses, consents, and permissions
therefor; upload �les that contain
viruses, malware, corrupted �les, or
any other similar software or programs
that may damage the operation of
another’s computer; advertise or offer
to sell or buy any goods or services for
any business purpose; conduct or
forward surveys, contests, pyramid
schemes, or chain letters; download
any �le uploaded by another user of a
Communication Service that you know,
or reasonably should know, cannot be
legally distributed in such manner;
falsify or delete any author attributions,
legal or other proper notices or
proprietary designations or labels of
the origin or source of software or
other material contained in a �le that is
uploaded; restrict or inhibit any other
user from using and enjoying the
Communication Services; violate any
code of conduct or other guidelines
which may be applicable for any
particular Communication Service;
harvest or otherwise collect
information about others, including
email addresses, without their consent;
violate any applicable laws or
regulations.

Company has no obligation to monitor

the Communication Services. However,
Company reserves the right to review
any and all materials uploaded to a
Communication Service and to remove
any materials in its sole discretion.

YOU SHOULD ALWAYS USE CAUTION

WHEN GIVING OUT ANY PERSONAL
IDENTIFYING INFORMATION ABOUT
YOURSELF OR YOUR CHILDREN OR
FAMILY IN ANY COMMUNICATION
SERVICE. COMPANY DOES NOT
CONTROL OR ENDORSE THE
CONTENT, MESSAGES OR
INFORMATION FOUND IN ANY
COMMUNICATION SERVICE AND,
THEREFORE, COMPANY SPECIFICALLY
DISCLAIMS ANY LIABILITY WITH
REGARD TO THE COMMUNICATION
SERVICES AND ANY ACTIONS
RESULTING FROM YOUR
PARTICIPATION IN ANY
COMMUNICATION SERVICE.

12. Service Availability and

Termination

You acknowledge and agree that:

1. Company has the discretion to

immediately terminate or restrict
access to the Services or any
portion thereof, at any time, for
any reason, without Notice and
without liability to you;
 2. Access to the Services may be
interrupted for reasons within or
beyond the control of Company
and that Company cannot and
does not guarantee you will be
able to use the Services
whenever you wish to do so;

3. The Services may not be offered

in all countries or geographic
locations.

13. Company Disclaimer and

Limitation of Liability and Remedies

COMPANY IS NOT A BROKER,

FINANCIAL INSTITUTION, CREDITOR,
INSURER OR CHARITABLE
ORGANIZATION.

All information and content provided

by Company through the Services is
for informational and entertainment
purposes only and Company does not
guarantee the accuracy, completeness,
or timeliness or reliability of any such
information or content.

No content or information is intended

to provide �nancial, legal, tax, or other
professional advice. Before making
any decisions regarding purchasing
the use of the Services or the purchase
any other good or service, whether
virtual or tangible, offered by the
Services, you should consult your
�nancial, legal, tax, or other
professional advisers as appropriate.
You acknowledge that you access
content or information through the
Services at your own risk and you are
solely responsible for making the �nal
determination as to the value and
appropriateness of using the same.
USERS ARE NOT EMPLOYEES,
PARTNERS, AGENTS, JOINT
VENTURES, OR FRANCHISEES OF
COMPANY. COMPANY DOES NOT
PROVIDE FINANCIAL SUPPORT OR
ASSISTANCE TO USERS. USERS
HEREBY ACKNOWLEDGE THAT
COMPANY DOES NOT SUPERVISE,
DIRECT, CONTROL OR USERS AND
EXPRESSLY DISCLAIMS ANY
RESPONSIBILITY OR LIABILITY FOR
OR CONNECTED TO THE PAYMENTS
OR OTHER USER SERVICES
PERFORMED IN ANY MANNER,
INCLUDING BUT NOT LIMITED TO A
WARRANTY OR CONDITION OF GOOD
AND WORKMANLIKE SERVICES,
WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE, OR
COMPLIANCE WITH ANY LAW,
REGULATION, OR CODE.

TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW,
COMPANY WILL NOT BE
RESPONSIBLE TO ANY USER FOR ANY
SPECIAL, EXEMPLARY, PUNITIVE,
INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, INCLUDING LOST PROFITS
OR LOSS OF DATA, REGARDLESS OF
FORESEEABILITY AND COMPANY’S
MAXIMUM LIABILITY UNDER THIS
AGREEMENT WILL AT ALL TIMES BE
LIMITED TO A REFUND OF ANY
MONIES SPENT BY AN APPLICABLE
USER HEREUDNER WITHIN THE SIX
(6) MONTHS PRECEDING ANY
ALLEGED BREACH OF THIS
AGREEMENT BY COMPANY.

YOU FURTHER ACKNOWLEDGE AND

AGREE THAT IN THE EVENT OF ANY
BREACH OF THIS AGREEMENT BY
COMPANY, YOUR REMEDIES SHALL BE
LIMITED TO AN ACTION FOR
DAMAGES, IF ANY AND AS LIMITED
ABOVE AND IN NO EVENT SHALL YOU
BE ENTITLED TO SEEK TO ENJOIN OR
RESTRAIN COMPANY’S
PERFORMANCE IN ANY MANNER.
ACCORDINGLY, YOU EXPRESSLY
AGREE THAT ANY DAMAGE TO YOU
WILL NOT BE IRREPARABLE OR
OTHERWISE INCALCULABLE SO AS TO
ENTITLE YOU TO SEEK AND/OR
OBTAIN EQUITABLE OR INJUNCTIVE
RELIEF.

14. Prohibited Conduct

You are granted a non-exclusive, non-

transferable, revocable License to
access and use the Services, strictly in
accordance with these Terms. As a
condition of your use of the Services,
you represent and warrant to Company
that you will not use the Services for
any purpose that is unlawful or
prohibited by these Terms. Further, you
agree that you will comply with these
Terms and will not:

1. Use the Services in any manner

which could damage, disable,
overburden, or impair the
Website or Website servers, or
otherwise interfere with any
other party’s use and enjoyment
of the Services;

2. Obtain or attempt to obtain any

materials or information through
any means not intentionally
made available or provided for
through the Services;

3. Impersonate any person or entity,

 falsely claim an a�liation with
any person or entity, forge
another person’s digital
signature, misrepresent the
source, identity, or content of
information transmitted via the
Services, or perform any other
similar fraudulent activity;

4. Defame, harass, abuse, threaten

or defraud Users, or collect, or
attempt to collect, personal
information about Users or third
parties without their consent; and

5. Attempt to indicate in any

manner that you have a
relationship with Company or
that Company has endorsed you
or any products or services for
any purpose.

Company also reserves all available

legal rights and remedies to prevent
the unauthorized use of the Services,
including, but not limited to,
technological barriers, IP mapping, and
contacting your internet service
provider.

15. Representations and Warranties

In addition to any other

representations and warranties made
herein, you hereby represent and
warrant that i) you are not prohibited
from receiving or using any aspect of
the Services under applicable laws and
ii) Company has not previously
disabled your access to the Services
for a violation of the law or these
Terms or other applicable agreements,
terms of use, or contracts.
16. Links to Third Party Sites

The Services may contain links to

third-party websites. The third-party
websites are not under the control of
Company and Company is not
responsible for the contents of the
same, including without limitation any
link contained therein. Company is
providing these links to you only as a
convenience, and the inclusion of any
link does not imply endorsement by
Company of the website or any
association with its operators.

17. Device and Internet Connection

Use and access of the Services may

require the use of your personal
computer, laptop, tablet, or mobile
device, as well as communication with
or use of space on such device. You
are solely responsible for all internet
and/or mobile data connection and all
associated fees that you incur when
accessing the Services.

18. International Users

The Services are controlled, operated

and administered by Company from
our o�ces within the United States. If
you access the Services from a
location outside the United States, you
are responsible for compliance with all
local laws. You agree that you will not
use the Services in any country or in
any manner prohibited by any
applicable laws, restrictions or
regulations.

19. Release

You hereby agree to release Company

from all damages (whether direct,
indirect, incidental, consequential or
otherwise), losses, liabilities, costs and
expenses of every kind and nature,
known and unknown, arising out of a
dispute between you and a third-party
(including other Users) in connection
with the Services and any content
therein. In furtherance of the foregoing,
you hereby waive any applicable law or
statute, which says, in substance: “A
GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE
RELEASING PARTY DOES NOT KNOW
OR SUSPECT TO EXIST IN HIS FAVOR
AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM
MUST HAVE MATERIALLY AFFECTED
HIS SETTLEMENT WITH THE
RELEASED PARTY.”

20. Indemni�cation

To the maximum extent permitted by

applicable law, you agree to indemnify,
defend and hold harmless Company,
its o�cers, directors, employees,
agents and assigns from and against
any and all claims, losses, costs, debt,
liabilities and expenses (including, but
not limited to attorney’s fees) arising
from (i) your misuse of and access to
the Services; (ii) your violation of these
Terms; (iii) your violation of any third-
party right, including without limitation
any copyright, intellectual property, or
privacy right; (iv) your use of or inability
to use the Services; and (v) any claim
that you caused damage to a third-
party.

21. Dispute Resolution

In the event the parties are not able to

resolve any Dispute between them
arising out of or concerning these
Terms, or any provisions hereof,
whether in contract, tort, or otherwise
at law or in equity for damages or any
other relief, then, except as provided
below, the parties hereby agree to
submit any dispute they cannot resolve
informally to �nal and binding
arbitration. The arbitration will be
conducted in New Castle County,
Delaware before a single neutral
arbitrator in accordance with the rules
of the American Arbitration
Association. The arbitrator will follow
Delaware law in adjudicating the
dispute. The arbitrator will provide a
detailed written statement of decision,
which will be part of the arbitration
award and admissible in any judicial
proceeding to con�rm, correct or
vacate the award. Interpretations of
these Terms, including determinations
of unconscionability, will be
determined by the arbitrator selected
through this provision. The parties will
initially share the cost of such
arbitration, provided that the prevailing
party will be entitled to all fees and
costs associated with arbitration (or
enforcement of an award therefrom),
including, but not limited to,
reasonable attorney’s fees, from the
other party upon completion of the
arbitration or subsequent enforcement
action.

The parties acknowledge and agree

that any action with respect to your
infringement or alleged infringement
of any Intellectual Property Rights, any
action in which Company seeks
equitable relief, or any other action that
may not be submitted to arbitration
under applicable law, including the
enforcement of any arbitration ruling,
shall be tried by a court of competent
jurisdiction located in New Castle
County, Delaware. In that respect, you
hereby consent to the jurisdiction of
the State of Delaware agree that its
laws will be used to resolve all
disputes arising from or concerning
these Terms.

22. Class Action Waiver

Any arbitration under these Terms will

take place on an individual basis; class
arbitrations and class/representative
/collective actions are not permitted.
THE PARTIES AGREE THAT A PARTY
MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN EACH PARTY’S
INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN
ANY PUTATIVE CLASS, COLLECTIVE
AND/ OR REPRESENTATIVE
PROCEEDING, SUCH AS IN THE FORM
OF A PRIVATE ATTORNEY GENERAL
ACTION AGAINST THE OTHER.
Further, unless both you and Company
agree otherwise, the arbitrator may not
consolidate more than one person’s
claims and may not otherwise preside
over any form of a representative or
class proceeding.

23. Termination and Access

Restriction

Company reserves the right to

terminate your access to the Services,
or any portion thereof at any time,
without Notice, for any reason
including, without limitation, a breach
of these Terms. Use of the Services is
unauthorized in any jurisdiction that
does not give effect to all provisions of
these Terms, including, without
limitation, this section.

24. Severability

In the event that any provision of these

Terms is determined to be unlawful,
void or unenforceable, such provision
shall nonetheless be enforceable to
the fullest extent permitted by
applicable law, and the unenforceable
portion shall be deemed to be severed
from these Terms, such determination
shall not affect the validity and
enforceability of any other remaining
provisions.

25. Miscellaneous

Company’s performance of the

obligations described herein is subject
to existing laws and legal process, and
nothing contained in these Terms are
in derogation of Company’s right to
comply with governmental, court and
law enforcement requests or
requirements relating to your use of
the Services or information provided to
or gathered by Company with respect
to such use.

These Terms, the Privacy Policy, and

any other document incorporated
herein by reference constitute the
entire agreement between you and
Company with respect to the Services
and it supersedes all prior or
contemporaneous communications
and proposals, whether electronic, oral
or written, between you and Company
with respect to the Services. A printed
version of these Terms and of any
Notice given in electronic form will be
admissible in judicial or administrative
proceedings based upon or relating to
these Terms to the same extent and
subject to the same conditions as
other business documents and records
originally generated and maintained in
printed form. It is the express wish to
the parties that these Terms and all
related documents be written in
English.

These Terms are non-transferable, and

you may not assign your rights and
obligations under these Terms without
the express written consent of
Company.

26. Copyright Infringement Policy

Company is committed to protecting

the rights of copyright rights holders
and seeks to comply with all
applicable laws and regulations
regarding the protection of intellectual
property.

If you are a copyright owner or an

agent thereof and believe that any User
Generated Content on the Services
infringes on your copyright, you may
submit a noti�cation pursuant to the
Digital Millennium Copyright Act
(“DMCA”) by providing our designated
agent for copyright claim noti�cations
(“Designated Agent”) with the
following information in writing (see
17 U.S.C. §512(c)(3) for further detail):

1. A physical or electronic signature

of a person authorized to act on
behalf of the owner of an
exclusive right that is allegedly
infringed;
 2. Identi�cation of the copyrighted
work claimed to have been
infringed, or, if multiple
copyrighted works within the
Services are covered by a single
noti�cation, a representative list
of such works that appear within
the Services;

3. Identi�cation of the material that

is claimed to be infringing or to
be the subject of infringing
activity and that is to be removed
or access to which is to be
disabled and information
reasonably su�cient to permit
the service provider to locate the
material;

4. Information reasonably su�cient

to permit the service provider to
contact you, such as an address,
telephone number, and, if
available, an electronic mail;

5. A statement that you have a

good faith belief that use of the
material in the manner
complained of is not authorized
by the copyright owner, its agent,
or the law; and

�. A statement under penalty of

perjury that the information in the
noti�cation is accurate, and you
are the owner of, or authorized to
act on behalf of the owner of, an
exclusive right that is allegedly
infringed.

Company will process any notices of

alleged copyright infringement and will
take appropriate actions as permitted
under the DMCA. Upon receipt of
notices complying with the DMCA,
Company will act expeditiously to
remove or disable access to any
material claimed to be infringing or
claimed to be the subject of infringing
activity and will act expeditiously to
remove or disable access to any
reference or link to material or activity
that is claimed to be infringing.

The designated agent can be reached

at: copyright@moonsworth.com

27. DMCA Counter Claims

Company may notify the owner or

administrator of the affected Content
so that he or she can make a counter-
noti�cation pursuant to his or her
rights under the DMCA. If you receive
such a notice, you may provide
counter-noti�cation in writing to the
Designated Agent. To be effective, the
counter-noti�cation must be a written
communication that includes the
following:

1. Your physical or electronic

signature;

2. Identi�cation of the material that

has been removed or to which
access has been disabled, and
the location at which the material
appeared before it was removed
or access to it was disabled;

3. A statement from you under the

penalty of perjury, that you have a
good faith belief that the material
was removed or disabled as a
result of a mistake or
misidenti�cation of the material
to be removed or disabled; and
Your name, physical address and
telephone number, and a statement
that you consent to the jurisdiction of a
Federal District Court for the judicial
district in which your physical address
is located, or if your physical address
is outside of the United States, for any
judicial district in which Company may
be found, and that you will accept
service of process from the person
who provided noti�cation of allegedly
infringing material or an agent of such
person.

28. Contact

If you have any questions regarding

your use of the Services or compliance
with these Terms, please contact us
at legal@moonsworth.com

29. For EU/UK Residents: Right of

Withdrawal

• Right of Withdrawal: Pursuant to

the EU Consumer Rights
Directive (the “Directive”) All
Users who are residents of the
European Union or United
Kingdom have a right to
withdrawal from any purchase of
Cosmetic Items or other goods
or services, whether digital or
physical (collectively “Goods”)
made via the Services, for any
reason. For any Goods that you
purchase online, you agree that
the withdrawal period will expire
upon the sooner of fourteen (14)
days after you purchase the
Goods or 14 days after you
download such Goods. For any
physical Goods, your right to
withdrawal will expire 14 days
 after you take possession of the
Goods.
To exercise the right of
withdrawal, you must provide us
an unequivocal statement that
you wish to withdrawal from the
purchase and no longer access
or have use of the applicable
Goods within the Services.
Speci�cally, your statement must
provide:
◦ Date of request
◦ Your name and address (if
sent request sent my
physical mail) and the
name of your Account
◦ The following statement: “I
hereby give notice of my
decision to withdrawal from
the purchase of the
following (Good(s) that you
purchased, along with the
date of purchase).
◦ Please sign the form if you
send your request via
physical mail and not via
the automated form.

To exercise your Right of

Withdrawal, you may write to us
at privacy@moonsworth.com
• Effects of Right of Withdrawal: In
the event you exercise your right
of withdrawal we will, within 14
days of the request reimburse all
payments received from you with
respect to the applicable Goods,
provided that if you made use of
the Goods, we may deduct from
the reimbursement an amount
proportional to such use. We will
 reimburse you via the same
means of payment that you used
for the initial transaction. For any
physical Goods, we may withhold
reimbursement until we receive
the applicable goods. You must
return all physical Goods within
14 days of your request to
receive reimbursement and you
will be responsible for all
associated shipping and
handling costs. Please note that,
upon your exercise of the Right
to Withdrawal, your Account will
no longer have access to the
applicable Goods in any form of
the Services.
• Exceptions of the Right to
Withdrawal: You acknowledge
and agree that, pursuant to the
Directive, your right to withdrawal
will not apply in the following
circumstances, among others:

◦ Service contracts after the

service has been fully
performed if the
performance has begun
with your prior express
consent, and with the
acknowledgement that you
will lose his right of
withdrawal once the
contract has been fully
performed;

◦ Any Goods that are made

to your speci�cations or are
personalized;

◦ Any Goods that, after

delivery, according to their
nature, are inseparably
 mixed from other items;

◦ The supply of sealed audio

or sealed video recordings
or sealed computer
software which were
unsealed after delivery;

◦ The supply of digital Goods

which are not supplied on a
tangible medium if the
performance has begun,
subject to your prior
express consent and
acknowledgment that you
thereby lose your right of
withdrawal
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