Last Revised: July 2026
The Terms and Conditions ("Terms") form a legal agreement between Moon Active Ltd., its subsidiaries and affiliates (collectively, "Moon Active", "we" or "us") and you ("you", with you and other users of the Service referred to as "Users") and applies to your use of any of Moon Active's games ("Games"), mobile applications and software made available by Moon Active in connection with the Games (“Apps”), web pages, websites and social media pages made available by Moon Active in connection with the Games (“Sites”), Moon Active’s online store ("Web Store"), and the online services, programs, promotions and offers accessible through the Games, Apps, Sites and Web Store made available by Moon Active on any electronic devices (web, mobile, tablet and any other device) (collectively with the Games, Apps, Sites and Web Store, the "Service").
Please review the Terms carefully. They include a provision waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual arbitration unless you opt-out within the specified time frame. See Section 21 for more information. BY ACCESSING THE SERVICE OR CREATING AN ACCOUNT WITH US, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT INSTALL, CONNECT TO, ACCESS OR USE (OR CONTINUE TO USE) THE SERVICE.
THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICE DOES NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THE GAMES, AND NO ACTUAL MONEY IS REQUIRED TO PLAY.
1. Eligibility
With the exception of Brazil and Vietnam, the following Games are available to individuals who are sixteen (16) years of age and over: "Travel Town", "Zen Match", "My Café: Recipes and stories", "Toy Defense", "Toy Defense 2", "Toy Defense: Fantasy", "Fish Now.io", "Family Island", "My Pizza Restaurant", "Kitchen Stars", “Hole Stars”, “Match Dreams”, “Merge Hotel Empire: Design”, “Merge Adventure: Travel Games”, “Color Match”, “Block Party”, “Jelly Busters”, “Reality Bay”, “Family Bay”. All other Games are available only to individuals who are the greater of eighteen (18) years of age or the age of legal majority in your jurisdiction.
For residents of Brazil and Vietnam, the Services provided by us, including, without limitation, all Games, are available solely for individuals who are eighteen (18) years of age or older. Individuals under eighteen (18) years of age are strictly prohibited from creating an account, accessing, or using the Services in any manner. We reserve the right to suspend or terminate any account, or restrict access to the Services, if we become aware that this requirement has been violated.
IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY (A “MINOR”) IN YOUR JURISDICTION OR STATE OF RESIDENCE, BEFORE ACCESSING OR USING THE SERVICE, YOUR PARENT OR LEGAL GUARDIAN MUST READ AND CONSENT TO THESE TERMS. BY PERMITTING A MINOR TO ACCESS OR USE THE SERVICE, A MINOR’S PARENT OR GUARDIAN BECOMES SUBJECT TO THE TERMS AND AGREES TO BE FULLY RESPONSIBLE FOR ALL OF THE MINOR’S ACTIVITIES ON THE SERVICE, INCLUDING THE PURCHASE OF ANY VIRTUAL ITEMS (AS DEFINED BELOW). IF YOU ARE A PARENT OR GUARDIAN AND BECOME AWARE, OR HAVE REASON TO BELIEVE, THAT YOUR MINOR CHILD IS USING THE SERVICE WITHOUT YOUR CONSENT, PLEASE CONTACT US AT: info@moonactive.com.
We reserve the right to request proof of age at any stage. We may suspend your access to the Service or request parental consent if we suspect you are under the applicable age.
By using the Service, you represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder.
You also may not open an Account or use the Service if your Account has previously been removed by Moon Active or otherwise have been prohibited by us from using the Service.
2. Your Account
In order to access or use some of the features of the Service, you may be required to register by opening an account ("Account") or by signing in via a third-party tool (such as Facebook) ("Third Party Tool"). If you open an Account, you may be required to provide details and select a password or to otherwise allow us to access your account information through a Third Party Tool ("Login Information"). You must safeguard and not disclose your Login Information and you must supervise the use of your Account. You will be responsible for all uses of your Account using your Login Information, including purchases, whether or not authorized by you (except as expressly stated in Section 5, below). In the event you become aware of or reasonably suspect any breach of security, including any loss, theft or unauthorized disclosure of your Login Information or unauthorized access to your Account, or otherwise discover security or vulnerability issues related to the Service you must immediately notify us at info@moonactive.com and modify your Login Information. Note that should you choose to create your Account using any Third Party Tool, certain User data that you either provide us or that is accessed through such Third Party Tool (subject to the terms and conditions applicable to such third party), including your User name and photo, may be published on your User profile and may be made available to other Users.
You must provide accurate and complete information when creating an Account, and to update your information (including any contact information) promptly upon any change. You also agree not to misrepresent your identity or age to open an Account on behalf of someone other than yourself.
We reserve the right to remove or reclaim any username at any time and for any reason, including in case of claims by a third party that a username violates any third party's rights or otherwise violate these Terms. We also reserve the right to take other actions in connection with your Account when necessary to investigate or resolve technical issues or other problems related to the Service.
If you wish to remove the Games from your device, you can uninstall them. If you wish to terminate or close your Account, you may do so by contacting us at https://www.moonactive-privacy.com/. Your Account will be terminated and removed within a reasonable timeframe following our receipt of your written request, and from the date of termination you will no longer be able to access your Account, including any Virtual Items or other Games Content (both terms as defined below) associated therewith.
3. Platform Provider Rules
In the event that you are using the Service through a third-party website or application, social network, online store (such as Apple Store or Google Play) or other platform (collectively, “Platform”), or in the event of any transactions completed through a Platform, you must comply with the terms of use or services of such Platform (the "Platform Terms"), in addition to these Terms, and the Platform's privacy policy will apply to any of your interactions with the Platform. The Platform Terms are incorporated into these Terms by reference such that a violation by you of the Platform Terms shall be deemed a violation of these Terms. In the event of a conflict between these Terms and the Platform Terms, the Platform Terms shall control solely to the extent the conflict relates to the rights or obligations of the Platform and not of us.
If you have downloaded the Service from Apple, Inc. ("Apple"), App Store or if you are using the Service on an iOS device, you acknowledge that you have read, understood and agree to the following notice regarding Apple. These Terms are between you and Moon Active only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service infringes that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
4. Virtual Items
In the course of using the Service you may win, earn or alternatively purchase, with real-world money, certain game credits or prizes, virtual in-game coins or tokens, points and other virtual in-game items ("Virtual Items").
You are not obligated, at any time, to purchase any Virtual Items. You understand that you have no right or title in the Virtual Items appearing or originating in any Game, whether "earned" in a Game or "purchased", or in any other attributes associated with an Account or stored on the Service. Virtual Items are licensed to you by us for your personal use in the Game, as set out in more detail in Section 9 of these Terms. You may not purchase or sell Virtual Items outside the Service or attempt to sell in the "real world" anything that appears or originates in the Service at any time. Any such attempted sale shall be null and void and may result in termination of your Account and legal action taken against you. You may trade Virtual Items within a Game, but only where expressly permitted by Game rules and never for any real-money consideration. We retain the right to manage, regulate, control, modify and delete Virtual Items associated with your Account at our sole discretion and without any notice, and we shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice.
Virtual Items may only be held by legal residents of jurisdictions where access to and use of the Games are permitted. Virtual Items may only be purchased or acquired from us through our Web Store or through the applicable Platform (such as Google Play Store or Apple App Store). We reserve the right to refuse your request to purchase or acquire Virtual Items for any reason. When you purchase Virtual Items, they will reside in your Account until discharged through use of the Service, unless removed or revoked by us.
Depending on your Platform, any Virtual Item purchased from your Platform will be subject to its terms and conditions and user agreement of such Platform. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights, you should check with your Platform before making a purchase.
When purchasing Virtual Items, you agree to pay the applicable charges for your purchase, including applicable taxes, through our Web Store or a Platform, as applicable. Upon the completion of a successful payment transaction, your purchase will be fulfilled to you as soon as possible and you will be able to see the Virtual Items within your Account.
If you do not connect the Games on a device to your Account (directly or through your social network account), then we will not be able to restore any Virtual Items (whether purchased by, or otherwise credited or awarded to, you) or other data associated with your Game play to a different device (including if you lose that device or it is damaged) nor to the same device if you delete and reinstall the Game. We will not be liable for any loss or deletion of Virtual Items, or of any Game data, from a device not connected to an Account.
In order to enhance our Games' environment and our Users' experience, our Games may contain non-human game characters or agents that are controlled by a computer.
5. Cancellations and Refunds for Virtual Items
Purchases made through a Platform: Purchases of Virtual Items are final and are not refundable, transferable or exchangeable unless stated otherwise at our discretion. Requests for refunds should be made to the Platform through which they were purchased.
Purchases made through a Platform are additionally subject to Platform rules governing refunds and returns.
You agree to notify us about any billing problems or discrepancies within 30 days from the date of your purchase. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and any other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted or that were authorized or accepted using your Login Information (even if not authorized by you, except as noted expressly in this Section). You understand that we may suspend or terminate your Account if for any reason a charge that you authorized or that was authorized using your Login Information cannot be processed or is returned or unpaid, and if such event occurs, you shall immediately remit to us payment for such charge through any payment method. In the event your Login Information has been compromised, please notify us immediately and we will use commercially reasonable efforts to reverse any unauthorized charges. If the compromise results from our negligence or breach of these Terms, then we will reimburse you for any resulting loss, provided that you have timely notified us (as required by this paragraph) of the charge.
In the event of what we determine in our sole discretion to be fraudulent or suspicious purchases, or an excessive number of reversals, charge-backs or disputes, we reserve the right to suspend, limit or terminate your access to any of the Service, in addition to any other rights and remedies we may possess under these Terms.
For purchases through our Web Store or Direct Purchases: Cancellations and Refunds of Purchases through our Web Store or Direct Purchases are governed by the Cancellation and Refund Policy, as it may from time to time be amended and which is incorporated by reference into these Terms, available here.
6. Rewards
Virtual Items that you are awarded without a requirement of purchase ("Rewards") may expire if not collected within 7 days. Rewards have only entertainment value within the Service, have no "real world" value and can only be used within the Service. Rewards are generally collected automatically once awarded unless the User stops collection from occurring. If any special or affirmative action is required to collect a Reward, the User will be so advised. See Section 24 for more information on Rewards and Promotions.
7. Subscriptions
Certain Games or features may be offered on a subscription basis. You will be advised of the price, duration and all applicable terms before purchase. You will be informed of the amount and date of the upcoming renewal payment both within the relevant Game and within the respective store account (via Web Store or Platform). Subscription terms and available features may vary across Games, regions, and over time. You can cancel your subscription by following the instructions within the Game or by following the Web Store’s or Platform’s instructions. Unless otherwise stated, cancellations will take effect at the end of the then-current term. You must cancel a Subscription before the end of the current Subscription period in order not to be charged for the next Subscription period.
If you cancel your Subscription, you will not receive a prorated refund for any portion of the current Subscription period. We may also cancel your Subscription if your payment method cannot be charged for any reason. Upon cancellation, you will retain access to your Subscription benefits for the remainder of the period for which you have already paid.
We may change the Subscription fee at any time and will provide notice as required by applicable law. If you do not agree to the new Subscription fee, you must cancel your Subscription before the price change takes effect to avoid being charged at the new fee. By continuing to use the Subscription services after the price change becomes effective, you agree to pay the new Subscription fee.
8. Intellectual Property and Licenses
Moon Active retains any and all rights in the Service (including Virtual Items and all other applications, software, computer codes, themes, objects, characters, character names, animations, stories, concepts, designs, graphics, content, materials, texts, information, pictures, logos, video, recordings, games and game progress, status and scores, titles, sound, music, audio-visual effects, methods of operations, moral rights, documentations, character profile information and other files, and their selection and arrangement (collectively, "Games Content")), and all intellectual property rights or other proprietary rights in connection therein; and the foregoing together with any and all upgrades, updates, enhancements, improvements, modifications and derivative works are owned, controlled and licensed by Moon Active. The Service and all Games Content are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. We retain all rights to use and utilize such Games Content in any form, manner or medium (whether now or in the future developed) for any purpose, without any payment or other compensation to you.
Subject to your agreement and compliance with these Terms, Moon Active grants you a personal, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable, limited scope license to use the Service and Games Content solely as part of the Service, through a supported web browser or mobile device, only for your own, private, non-commercial entertainment purposes and for no other purpose whatever and only pursuant to these Terms, any other rules or terms published by Moon Active from time to time on its website or mobile application and applicable laws. If you violate or if, at any point, you do not agree with any of these Terms, your license to use the Service will be immediately revoked, and you will immediately stop using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you reside, this license shall be treated as null and void, and you must refrain from using the Service.
These Terms convey only a limited revocable right to use the Service in accordance with the Terms. You shall not, nor shall you cause any other party to, modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Games Content without Moon Active's explicit, prior written permission.
9. Open Source Software
Our Web Store utilizes certain open source software code, which is governed by additional terms available here. In the event of conflict between these Terms and those additional terms, those additional terms control solely to the extent necessary to eliminate the conflict and solely with respect to the Web Store, not other aspects of the Service.
Certain fonts used across the Service are made available to us under open source licenses. A list of such fonts, their copyright holders, applicable licenses and required attributions is available here. In the event of conflict between these Terms and the terms of any such font license, that font license shall control solely to the extent necessary to eliminate the conflict and solely with respect to the applicable font, not other aspects of the Service.
10. User Feedback and Your License to Us
It is understood that you may, at your sole discretion, provide Moon Active with suggestions, comments or feedback with respect to the Service (collectively, "Feedback"). You represent that you are free to do so and that you shall not provide Moon Active with Feedback that infringes upon third parties' intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such Feedback, shall belong exclusively to us. It is further understood that use of Feedback, if any, may be made by Moon Active at its sole discretion, and that Moon Active in no way shall be obliged to make use of any kind of the Feedback or part thereof. Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require Moon Active to comply with any additional obligations with respect to any Moon Active current or future products, technologies or services that incorporate any Feedback.
11. Restrictions on Use of the Service
You shall not, and shall not permit or cause any other party, to:
12. User Contributions
The Service may contain various forums, chat functions, and other interactive features that allow you to post, submit, publish, display, or transmit to Moon Active and other users, content or materials on or through the Service, including your ability to post or submit teams' names or titles (collectively "User Contributions").
By submitting or posting User Contributions (including submitting or posting a team's title or name), you agree to comply with the following, in addition to any other restrictions set forth in these Terms:
1. You shall not, and shall not permit or cause any other party, to post, upload or submit to the Service any User Contributions, including any content or materials submitted via any interactive features available from within the Service (including submitting or posting a team's title or name), that violates these Terms or that contains or links to Objectionable Content. "Objectionable Content" means content that promotes or links to content that is (i) offensive, harassing, threatening, abusive, inflammatory or racist, (ii) sexually explicit or obscene; (iii) illegal, fraudulent, deceptive, contrary to public policy or that could facilitate the violation of any applicable law, regulation or government policy, (iv) libelous or defamatory, (v) violates the intellectual property, privacy, publicity, moral or any other right of any third party (such as by way of misrepresenting your identity or impersonating a third party), or otherwise injurious to third parties or objectionable, and (vi) software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam".
2. You represent and warrant that you own or otherwise control all of the rights to the User Contributions that you post or upload at the time of posting, that the User Contributions are accurate and not fraudulent or deceptive, and that the User Contributions do not violate these Terms or the rights of any third party, and will not cause injury to any person or entity.
3. Any User Contribution that you upload or post will be considered non-confidential and non-proprietary, and you grant Moon Active a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contribution throughout the world in any media.
4. You understand that your User Contributions may be copied by other users of the Games and discussed on and outside of the Service, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. Moon Active takes no responsibility and assumes no liability for any content posted by you or any third party. Moon Active has the right (but not the obligation) to monitor and edit or remove any User Contributions, and has the right to terminate your access to all or part of the Service for any or no reason, including any violation of these Terms.
Breach of any of these rules or of any other prohibitions contained in these Terms may subject you to suspension or termination of your Account and right to use the Service, in whole or in part, including by limiting or revoking your rights to use certain features within the Service, or limiting or restricting your Game experience, in Moon Active's sole discretion, and may subject you to civil or criminal penalties.
13. User Misconduct and Copyright Infringement
We care for your safety. If you believe another user has acted inappropriately (in violation of these Terms or in an otherwise offensive, violent, harassing or dangerous manner), please report the misconduct immediately to the appropriate authorities and to us at info@moonactive.com.
We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide the following information in writing to our Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the right; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple infringed works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity, and information sufficient to permit us to locate the material; (iv) information so that we can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner. Infringement claims and notices should be sent to the attention of our Copyright Agent at Ahad Ha'am 9, Tel Aviv, P.O Box 174, Tel Aviv., Tel Aviv 6100101, Israel.
Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We will respond to clear notices under this Section. Please be advised that we will remove or replace User Contributions only in accordance with applicable law and that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.
If you believe that your User Contribution was removed by mistake, and that you have the right to post it, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following: (i) your physical or electronic signature, (ii) Identification of the content that was removed or to which access was disabled and the location at which it appeared before such removal or disablement, (iii) a statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification, and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district to which you otherwise might be subject, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
14. Suspension and Termination of Use
IN THE EVENT THAT WE SUSPECT THAT YOU HAVE VIOLATED OR MAY VIOLATE ANY OF THESE TERMS (INCLUDING ANY SPECIAL TERMS), ANY PLATFORM TERMS OR ANY APPLICABLE LAW, OR THAT YOUR ACCOUNT HAS BEEN USED OR MAY BE USED IN SUCH A WAY, OR AS OTHERWISE DETERMINED BY US IN OUR SOLE DISCRETION, THEN WITHOUT DEROGATING FROM ANY REMEDY WHICH WE OR ANY OTHER PARTY (SUCH AS THE PLATFORM) MAY HAVE IN CONNECTION WITH THE FOREGOING, WE MAY, IN OUR SOLE DISCRETION, IMMEDIATELY (WITHOUT NOTICE) TERMINATE, LIMIT, SUSPEND OR DELETE YOUR ACCOUNT AND YOUR ACCESS TO THE SERVICE, IN WHOLE OR IN PART (INCLUDING BY LIMITING OR REVOKING YOUR RIGHTS OR ACCESS TO CERTAIN GAMES, GAMES CONTENT OR ANY FEATURE OR FUNCTIONALITY THEREIN). IN SUCH EVENT, YOU WILL FORFEIT ANY CONTINUING RIGHT OR LICENSE TO USE ANY GAMES CONTENT, INCLUDING ANY VIRTUAL ITEM AND REWARDS, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSS OR DAMAGE OF ANY KIND THAT YOU OR ANY OTHER PARTY MAY ALLEGE IN CONNECTION WITH SUCH ACTION. If you have more than one Account, Moon Active may terminate all of your Accounts.
We reserve the right to terminate an Account that has been inactive for at least 365 consecutive days. You will not receive money or other compensation for Games Content (including Virtual Items and Rewards) associated with your Account when it is closed, deleted or otherwise terminated, regardless of whether such action was voluntary or involuntary.
Moon Active further reserves the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Service (or any part thereof including any feature or functionality available in the Service), at any time and without providing any prior notice.
In the event that Moon Active terminates your Account, you may not use or access the Service again without Moon Active's express permission. Moon Active reserves the right to refuse Accounts for, and to provide access to the Service or other services to, any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: https://www.moonactive-privacy.com/.
15. Disclaimers of Warranties
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE TO ENSURE THAT YOUR USE OF THE SERVICE IN THE JURISDICTION WHERE YOU RESIDE IS PERMITTED PURSUANT TO ALL LOCAL LAWS AND REGULATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS". Moon Active, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Service and the use thereof, including implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, compliance with laws, and timeliness.
Moon Active makes no warranties or representations about the accuracy or completeness of the content of the Service or the content of any sites linked to the Service and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatever, resulting from your access to and use of the Service; (iii) any unauthorized access to or use of Moon Active's secure servers or any and all personal information or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service; or (vii) any errors, failures or delays in computer transmissions or network connections on account of your access to or use of the Service.
In case of a malfunction or disruption of the Service that prevents you from completing a Game in which you have begun to participate, we may allow users to participate again in a Game until the participation is complete. We reserve the right to determine, in our sole discretion, whether to offer any such remedy in the event of malfunction or disruption. We also reserve the right to limit your Game play or terminate your participation in the Service should we determine, in our sole discretion, that you have intentionally caused such a malfunction or disruption. We are not liable for any lost opportunity or other alleged losses from any unfinished Game. The Games do not replicate the odds of winning or the payouts of games found in casinos.
16. California (USA) Release
If you are a resident of California, USA, you expressly agree to waive your rights under California Civil Code Sec. 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATEVER WILL WE OR OUR AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOST REVENUE, INCOME, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES, IN EACH CASE THAT RESULT FROM OR RELATE IN ANY MANNER TO YOUR USE OF THE SERVICE OR ANY OTHER ACT OR OMISSION BY US.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL MOON ACTIVE, ITS AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID MOON ACTIVE IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID MOON ACTIVE ANY AMOUNTS IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MOON ACTIVE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL AND BARGAINED-FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
Depending on where you reside and use the Service, some of the limitations contained in this Section may not be permissible. In such case, they will not apply to you, solely to the extent so prohibited.
18. Indemnity
You agree to indemnify and hold Moon Active, and each of its affiliates, subsidiaries, partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and suppliers, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with:
1. Your use or misuse of and access to the Service;
2. Your violation of any provision of these Terms;
3. Your breach of the representations, warranties and covenants made herein;
4. Your violation of any third-party right, including any copyright, property, or privacy right; and
5. Any claim that an action by you in connection with the Service has caused damage to a third party.
19. Privacy
Our Privacy Policy sets out how we use, protect and disclose your personal information. Please review it to learn how we collect, use, and share your personal information, and to understand your rights regarding the data we hold about you.
20. Governing Law and Judicial Forum
These Terms, your use of the Service and our entire relationship will be interpreted in accordance with and governed by the laws of the State of Israel without regard to conflict- or choice-of-law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded. If your Country of Residence (as defined below) is the United States, the agreement to arbitrate contained in Section 21, its scope, validity, severability and enforcement shall also be governed by the United States Federal Arbitration Act without regard to conflict- or choice-of-law principles. If your Country of Residence is in the European Economic Area, Switzerland or the United Kingdom, you also have rights protecting you under the mandatory provisions of the law applicable in your Country of Residence, and no provision in Sections 20 and 21 shall exclude or restrict any of your statutory rights you may have as a consumer that are not permitted to be so excluded or restricted.
In the event that you have opted out of arbitration (as set out below) or that the agreement to arbitrate is otherwise found not to apply to you or your claim, you and Moon Active agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Tel Aviv-Jaffa, Israel. Both you and Moon Active consent to venue and personal jurisdiction there. Notwithstanding the foregoing, you and Moon Active may bring an action in any court of competent jurisdiction (i) to compel arbitration pursuant to Section 21 below, (ii) to enforce an arbitral award issued thereunder, or (iii) as expressly set out in Section 21(h).
"Country of Residence" for purposes of Sections 20 and 21 means the country in which you hold citizenship or legal permanent residence, as well as any country from which you regularly access and use the Service. If more than one country meets that definition for you, then your country of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent or most frequent residence.
21. Dispute Resolution and Agreement to Arbitrate on an Individual Basis
PLEASE READ THIS SECTION 21 CAREFULLY BECAUSE IT REQUIRES YOU AND MOON ACTIVE TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND MOON ACTIVE CAN SEEK RELIEF FROM EACH OTHER.
By agreeing to these Terms, you and Moon Active agree that any and all past, present and future disputes, claims or causes of action between you and Moon Active arising out of or relating to these Terms, the Service, the formation of these Terms or any other dispute between you and Moon Active or any of Moon Active's licensors, distributors, suppliers or agents (including but not limited to any application store or platform from which the Service is accessed or downloaded), and whether arising prior to or after your agreement to this Section 21, (collectively, "Dispute(s)") will be governed by the procedure outlined below. You and Moon Active further agree that any arbitration pursuant to this Section 21 shall not proceed as a class, group or representative action.
(a) Informal Dispute Resolution. The parties shall first attempt to resolve any Dispute informally for at least 60 days before initiating arbitration. The informal negotiations begin upon the sending of a properly addressed written notice from one party to the other ("Notice of Dispute"). The Notice of Dispute must: (i) include the full name and contact information of the complaining party; (ii) include additional information to identify the complaining party and the relevant player's Account(s), including email address(es) used to establish your Account(s), and Device ID; (iii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. The Notice of Dispute to Moon Active shall be sent to info@moonactive.com. A Notice of Dispute may be submitted only on an individual basis; group or collective notices are not permitted. Moon Active will send its Notice of Dispute to your postal or email address. You agree to participate in at least one telephonic or virtual meeting with us to attempt to resolve the Dispute. We agree to do the same. If a party is represented by counsel, that party’s counsel may participate in the meeting, but the parties themselves must also fully participate in the meeting. If a Dispute is not resolved within 60 days after the Notice of Dispute is sent, you or Moon Active may initiate an arbitration proceeding as described below. A party’s failure to satisfy the conditions precedent of a Notice of Dispute and meeting, and completion of the 60-day period, entitles the opposing party to seek immediate dismissal of the arbitration or (where permitted under these Terms) litigation and the right to seek reimbursement of its costs. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(b) We Both Agree To Arbitrate. By agreeing to these Terms, and to the extent permitted by applicable law, you and Moon Active each and both agree to resolve any Disputes – including any Dispute concerning the enforceability, validity, scope or severability of this agreement to arbitrate – through final and binding arbitration as discussed herein.
(c) Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting support-le@moonactive.com within 30 days of first accepting these Terms and stating that you decline this arbitration agreement. You must include your name, email address, postal address and device ID and you must personally hand-sign and date your notice. You can attach the notice to your email as a pdf, photograph or by any other means that clearly displays the required information and demonstrates that you have complied with these requirements. By opting out of the agreement to arbitrate, you will not be precluded from using the Service, but you and Moon Active will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the Terms otherwise provided herein. For avoidance of doubt, in the event you exercise your right to opt out of the agreement to arbitrate, those limitations and restrictions applicable to litigation that are set out in Section 20 and subsections (a), (g) and (h) of this Section 21 shall continue to apply to you. In addition, if you opt out of this agreement to arbitrate and at the time of your receipt of these Terms you were bound by an existing agreement to arbitrate disputes arising out of or related to your use of or access to the Service, that existing arbitration agreement (but not the remainder of those prior Terms) will remain in full force and effect. In other words, if you are bound by an agreement to arbitrate at the time you opt out of this one, that prior agreement to arbitrate will continue to apply to you. The remainder of these Terms (aside from Section 21(b), (d), (e) and (f)) shall supersede the prior version.
(d) Arbitration Procedures and Fees.
(d.1) If your Country of Residence is the United States, you and Moon Active agree that JAMS ("JAMS") will administer the arbitration under its Streamlined Rules in effect at the time arbitration is sought ("JAMS Rules"). Those rules are available at www.jamsadr.com. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules; provided that the parties shall be presented with a list of five potential arbitrators and shall rank those potential arbitrators in order of preference. Each party may strike any and all potential arbitrators on the list. JAMS shall select the arbitrator with the highest combined preference (e.g., if both parties select a potential arbitrator as their top preference, that arbitrator will be selected). If no arbitrator appears on both parties' lists, JAMS shall prepare another list comprised of five additional potential arbitrators, with either party able to strike up to two potential arbitrators on that second list. JAMS shall select the arbitrator with the highest combined preference on that list. You and Moon Active further agree that, unless and only to the extent prohibited under JAMS Rules, the arbitration will be held in New York, New York, or, at either your or our election, will be conducted telephonically or via other remote electronic means. The JAMS Rules will govern payment of all arbitration fees. The arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law. The arbitrator also shall be authorized to award attorneys’ fees if the arbitrator determines a Dispute to have been brought or prosecuted or defended fraudulently, frivolously or in bad faith, or as otherwise permitted by applicable law, except where such an award would violate applicable law.
(d.2) If your Country of Residence is not the United States, you and Moon Active agree that the Center of Arbitration and Dispute Resolution (https://www.cadr.co.il/ ("CADR") will administer the arbitration, which shall be conducted in accordance with its rules in effect at the time arbitration is sought, and in accordance with the Israeli Arbitration Law, 5728-1968, as amended. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Moon Active further agree that the arbitration will be held in English and in Tel Aviv-Jaffa (Israel), or, if you so elect, all proceedings can be conducted telephonically or via other remote electronic means. The CADR rules will govern payment of all arbitration fees.
(d.3) All arbitration proceedings and resulting awards conducted pursuant to Section 21 shall be confidential. Any such award may not be disclosed to third parties other than to a party's legal, accounting or financial advisors (each of whom shall be subject to that same confidentiality obligation) except (i) by either party in support of its pursuit or defense of its legal rights or obligations in another litigation or arbitration (whether involving the same or different parties), (ii) to the extent disclosed in connection with a petition or motion to confirm, enforce or recognize the award or (iii) otherwise as required or permitted by applicable law.
(e) Appeals. You and Moon Active agree that any award issued by an arbitrator pursuant to this Section 21(d)(1) may be appealed in accordance with the JAMS Optional Arbitration Appeal Procedures at either party's election.
(f) Mass Arbitration. To increase efficiency of resolution, in the event 25 or more similar arbitration demands against Moon Active, presented by or with the assistance of the same law firm or organization or group of law firms or organizations acting together, are submitted to JAMS, the JAMS Mass Arbitration Procedures and Guidelines ("JAMS Mass Rules") shall apply. In such event, the JAMS Process Administrator (as described in the JAMS Mass Rules) shall have the authority to implement the procedures set forth in the JAMS Mass Rules, including the authority to batch together individual arbitration demands into a single coordinated proceeding. Arbitrators appointed in accordance with this Section 21(f) must be retired judges with experience arbitrating or mediating disputes. All provisions of this Section 21 that are not in conflict with the JAMS Mass Rules, including the appointment process for the arbitrators, shall continue to apply.
(g) Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (AND EXCEPT AS EXPRESSLY PROVIDED IN SECTION 21(f)), NEITHER YOU NOR MOON ACTIVE SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES; TO PARTICIPATE IN ANY GROUP, CLASS, COLLECTIVE OR MASS ARBITRATION OR LITIGATION; TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS; TO ARBITRATE OR LITIGATE ANY DISPUTE IN A PRIVATE ATTORNEY GENERAL CAPACITY; OR OTHERWISE TO SEEK RECOVERY OF LOSSES OR DAMAGES (WHETHER FOR YOURSELF OR OTHERS) INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHALLENGE TO THE VALIDITY OR ENFORCEABILITY OF THIS SECTION 21(g) SHALL BE DETERMINED EXCLUSIVELY BY THE ARBITRATOR. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS, IN THE EVENT ALL OR ANY PORTION OF SUBSECTIONS (e), (f) OR (g) OF THIS SECTION 21 ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE IN A PARTICULAR DISPUTE, THEN THE ENTIRETY OF THE PARTIES' AGREEMENT TO ARBITRATE (BUT NOT THOSE LIMITATIONS AND RESTRICTIONS APPLICABLE TO LITIGATION THAT ARE SET OUT IN SECTION 20 AND SUBSECTIONS (a), (g) AND (h) OF THIS SECTION 21) MAY BE DEEMED VOID AND AS HAVING NO EFFECT FOR PURPOSES OF THAT DISPUTE, UPON EITHER PARTY'S ELECTION.
(h) Exceptions to Agreement to Arbitrate. Notwithstanding the other provisions of this Section 21, either you or Moon Active may bring an action in a court of competent jurisdiction in Tel Aviv-Jaffa, Israel, for temporary injunctive relief but only to the extent necessary to prevent irreparable harm and only until an arbitrator has been empaneled and can determine whether to continue, terminate or modify such relief. The party seeking the injunctive relief shall bear the burden of demonstrating that the alleged harm is irreparable and that timely recourse to an arbitrator is not possible. Additionally:
(h.1) If your Country of Residence is the United Kingdom, Switzerland or in the European Economic Area, notwithstanding your and Moon Active's agreement to arbitrate Disputes, either you or Moon Active also may assert claims, if they qualify, through the small claims process in the courts of your Country of Residence.
(h.2) If your Country of Residence is not the United States, the United Kingdom, Switzerland or in the European Economic Area, notwithstanding your and Moon Active's agreement to arbitrate Disputes, either you or Moon Active may also assert claims, if they qualify, through the Small Claims Court in Tel Aviv-Jaffa, Israel, or if a court in your Country of Residence would not recognize such a requirement (notwithstanding the provisions of this Section), then in a small claims court or the equivalent in your Country of Residence.
22. Improving Your Gameplay
The Service is for amusement only. Our Games are designed to entertain. As such, events in the Games that may appear “random” - such as Game wheels or machines, Game items awarded, action items on villages - are designed to maximize entertainment and to facilitate the use of skill in progressing through the applicable Game. For tips on improving your Gameplay, please check our support page for each game.
23. Third Party Sites and Advertising
The Service may contain links, references or advertisements to third-party products, services, applications or websites, as well as materials provided by third parties, which may invite you to participate in promotional offers. These links and references are provided solely as a convenience to you, and access or use of any such websites, services, promotions and advertisements is at your own risk. We do not review, approve, monitor, endorse, warrant or make any representations with respect to any of the foregoing. In no event will we be responsible for the information, content and materials contained therein, their practices, privacy policy or for your use of or inability to use such websites, services, Promotions or transmissions received from such sites, services or Promotions and any information collected from you by such websites/services. The inclusion of any link, Promotion or advertisements does not imply endorsement by Moon Active of these linked websites, services or games, and we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. You expressly relieve us from any and all liability arising from your use of any third-party website. We encourage you to be aware when you leave the Game and to read the terms and conditions and privacy policy of such other websites, services, promotions and games that you visit or use.
24. Promotions
We may offer, from time to time, limited-duration promotions, contests and sweepstakes through our Service or through one or more Platforms ("Promotions"). Such Promotions are part of the Service subject to these Terms but may also be subject to supplemental, promotion-specific rules ("Special Terms"), which may specify the entry period and requirements for each Promotion. The Special Terms shall be deemed a part of these Terms but shall apply only to the particular Promotions identified therein. In the event of a conflict between those Special Terms and the remainder of these Terms, the Special Terms shall apply only to the extent necessary to resolve the conflict. NO PURCHASE IS NECESSARY IN ORDER TO PARTICIPATE IN ANY PROMOTION. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. PROMOTIONS ARE VOID WHERE PROHIBITED BY LAW.
Promotions are available only to individuals who are the greater of eighteen (18) years of age and the age of legal majority in the applicable jurisdiction. Special Terms may restrict participation in a Promotion to users in certain jurisdictions or exclude users from specific jurisdictions. Employees, officers and representatives of Moon Active, promotional agencies, sponsors and reward suppliers, and each of their immediate family members, are not eligible to participate in any Promotion.
Entry periods are determined by Moon Active. To enter a Promotion, you must follow the entry requirements as stated under the Special Terms, which may include use of the Service. Unless otherwise expressly stated with respect to any Promotion, a User may enter a Promotion only once. You may not use multiple email addresses, Accounts or identities or any other method in order to participate more than once.
If we determine that you have engaged in fraud, deceit, misconduct, dishonesty, disruptive behavior, or any action intended to undermine the legitimate operation of a Promotion, or if you breach these Terms or any applicable laws or regulations, we reserve the right to immediately disqualify you or invalidate your entry, and to pursue any additional remedies as we deem necessary as set forth in Section 14 of these Terms. If such actions are discovered after a reward has been granted, you must return the reward or provide compensation upon our request, without prejudice to any other of our rights or remedies under these Terms or applicable law.
Rewards. Unless otherwise stated in the Special Terms, all rewards awarded in Promotions are Virtual Items. Collections of Rewards shall be in accordance with the terms set forth under Section 6 of these Terms. Rewards may not be transferred or substituted except as provided herein at our sole discretion. If a Reward, or any portion thereof, cannot be granted for any reason, we reserve the right to substitute such Reward or a component thereof for one of equal or greater value. All Rewards are offered "AS IS" without any warranty, either expressly or impliedly, by us or by any third party.
Winners. We will notify each potential winner by sending a notification within the Service, via the email address associated with your Account or as specified in any applicable Special Terms. The number of winners and their selection will be governed according to the Special Terms. Screen shots shall not be deemed as proof of winning status. Our decisions regarding the administration and operation of each Promotion, including, without limitation, the selection of potential winners are final and binding in all matters related to the Promotion. If a potential winner is disqualified for any reason, we may award the applicable Reward to an alternate winner from among all remaining eligible participants, in our sole discretion.
Odds. Odds of winning a Reward may vary from one Promotion to another and may depend, among other factors, on the number of eligible users participating in each Promotion. With respect to any sweepstakes, the odds of winning depend upon the number of valid entries received by us or as otherwise specified in any Special Terms.
25. Export Controls and Sanctions
You must comply with all export and sanctions laws and regulations maintained by the United States, Israel, the European Union, the United Kingdom, and other applicable countries as determined by Moon Active in our sole discretion (״Trade Controls״). The Trade Controls prohibit the use of the Services by: (i) any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S. government or any countries designated as an “enemy”, that are not currently exempted, under Israel’s Trading with the Enemy Ordinance of 1939 (currently, Syria, Lebanon and Iran) (collectively, with the U.S.-sanctioned areas, ״Sanctioned Jurisdictions״), or any other country designated upon Moon Active’s sole discretion; or (ii) anyone or any entity (or any entity owned, directly or indirectly in the aggregate, 50% or more by such individuals or entities or any entity controlled by such individuals or entities) on any list of prohibited persons or entities maintained by the U.S., E.U., U.K. or Israeli governments, or by the jurisdictions in which the Services were accessed or downloaded, including, without limitation, the U.S. Treasury Department’s List of Specially Designated Nationals (collectively, ״Sanctioned Persons״). You represent and warrant that: (i) you are not located in, operating from, established under the laws of, or otherwise ordinarily resident in a Sanctioned Jurisdiction; (ii) you are not a Sanctioned Person; (iii) you will not export, re-export, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, to a Sanctioned Jurisdiction, a Sanctioned Person or otherwise in violation of Trade Controls; and (iv) you will not use funds from a Sanctioned Person to pay Moon Active, or otherwise involve a Sanctioned Person in payments to Moon Active..
26. Revisions to these Terms
We reserve the right, at our sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. Users are responsible for viewing these Terms periodically. We will note the date last revised at the top of the Terms and will provide notice of material changes that affect your rights or obligations through in-app communications or via email if you have provided an email address to us as part of your Account information. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms.
27. General
(a) Parties' Intent. If any provision hereof is adjudged by any arbitrator or court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.
(b) Rules of Construction. These Terms shall be construed as follows: (i) "includes", "including" and cognates thereof shall be understood to mean "includes without limitation" or "including without limitation"; (ii) unless the context demands otherwise, the word "or" shall have the inclusive meaning identified with the phrase "and/or"; (iii) Section and other headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms; and (iv) any reference made in these Terms to a statute or statutory provision shall include any amendments or successors thereto as in effect at the time the particular provision of the Terms is to be given effect, along with any then-applicable rules or regulations promulgated thereunder.
(c) Force Majeure. Moon Active will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside of our reasonable control.
(d) Waiver. Any failure to enforce any rights granted hereunder or to take action in the event of any breach of these Terms shall not be deemed a waiver by the non-breaching party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. All waivers must be in writing, and any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
(e) Entire Agreement; Assignment; Novation. These Terms are the entire agreement between you and Moon Active regarding the subject matter herein. You agree that Moon Active may assign or novate these Terms, in whole or in part, in its sole discretion and that you are not entitled to assign or otherwise transfer these Terms, or any of your rights or obligations thereunder, to any third party without the prior written consent of Moon Active. Any unauthorized assignment will be void and of no force or effect.
(f) Survival and Severability. You agree that the provisions of the following Sections shall survive termination of these Terms or termination of your Account, for any reason whatever: Intellectual Property and Our License to You; User Feedback and Your License to Us; Disclaimers of Warranties; Limitation of Liability; Indemnity; Governing Law; Dispute Resolution and Agreement to Arbitrate on an Individual Basis; and General. Except as stated in Section 21(g), if any portion of these Terms is found to be unenforceable or unlawful for any reason, including because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render these Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve these Terms and the intent of these Terms to the fullest possible extent.
(g) Governing language. The original and controlling version of these Terms shall be the English language version. All translations of these Terms into other languages shall be solely for convenience and shall not control the meaning or application of these Terms.
(h) Country-specific terms. Some countries may have additional or different terms for Users located in that country ("Country-Specific Terms"). If you are located in a country that has Country-Specific Terms that differ from these Terms, the Country-Specific Terms will govern solely to the extent of any such difference.
(i) Information, Support or Questions. For information, support or questions, please contact us at: info@moonactive.com.