MoonLeague Terms and Conditions

MoonLeague, LLC is the owner and operator of www.moonleague.com and any affiliated websites and related mobile versions ("Moon League, us, our, ours, etc."). Moon League is a skills gaming platform that allows all users to play free simulated investment games for entertainment purposes only ("Games"), and allows users in certain states to pay an entry fee ("Entry Fee") to play simulated investment games ("Matches") for a chance to win a cash prize ("Winnings").

These Terms of Service are a legal contract that establishes the relationship between you, the user, ("you, your, yours, etc.") and us as it relates to the services we provide to you through Moon League ("Services"), including all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, and other content, information, or materials on Moon League ("Materials").

By accessing Moon League or using the Services, you accept and agree to our website policies, including these Terms of Service, and you certify to us that (a) you are fourteen (14) years of age or older and you, (or if you are a minor, your parent or legal guardian) agree to these Terms of Service, (b) you, (or if you are a minor, your parent or legal guardian) have the legal capacity to enter into and agree to these Terms of Service, (c) you are using the Services freely, voluntarily, willingly, and for your own personal enjoyment, and (d) you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness.

YOU ARE NOT ELIGIBLE TO PLAY THE MATCHES IF YOU ARE A RESIDENT OF ARIZONA, ARKANSAS, CONNECTICUT, DELAWARE, FLORIDA, LOUISIANA, MARYLAND, MONTANA, SOUTH CAROLINA, SOUTH DAKOTA, OR TENNESSEE. YOU ARE NOT ELIGIBLE TO PLAY THE MATCHES IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR RESIDE OUTSIDE THE UNITED STATES.

We are not a gambling service, we do not take or place illegal bets, and we do not recommend or encourage illegal gambling. Instead, we offer entertaining online skill games involving simulated investment challenges which fall outside the restrictions imposed by state and federal gambling laws. Gambling, whether in-person or online, is not legal in all areas. If you seek information regarding any illegal activity, you must leave Moon League immediately and shall not attempt to use the Services. You agree not to use the Services if doing so would violate the laws of your state, province, or country. Please consult with your local authorities or legal advisors before participating in online gaming of any kind. It is your sole and absolute responsibility to comply with all applicable laws, and you assume all risk in using the Services. Nothing published on Moon League shall be construed as legal advice on any activity relating to gambling. You assume all risk and responsibility for your use of the Services. We bear no responsibility for your use of the Services in connection with illegal activities, and we do not condone such activities. You understand and agree that the Services are for entertainment purposes only. We make no guarantee that the Services are legal in your jurisdiction.

We reserve the right to revise these Terms of Service at any time. You agree that we have this unilateral right, and that all modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these Terms of Service, we will change the "Last Updated" date at the top of these Terms of Service. You agree to re-visit this page on a frequent basis, and to use the "Refresh" button on your browser when doing so. You agree to note the date above. If the "Last Updated" date remains unchanged from the last time you reviewed these Terms of Service, then you may presume that nothing in these Terms of Service has changed since the last time you visited. If the "Last Updated" date has changed, then you must review the updated Terms of Service in their entirety. You must agree to any updated Terms of Service or immediately cease use of Moon League. If you fail to review these Terms of Service as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights

1. Accounts

A. Registration

All users may register for a single account on Moon League, provided you meet the requirements set forth herein and otherwise abide by these Terms of Service. To purchase participate in the Matches on Moon League, you must also provide a valid payment method. To withdraw Winnings on Moon League, you must also submit valid and current banking information and any necessary verification documentation

B. Accuracy

If you fail to provide the required information, if we reasonably believe that you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we may suspend or terminate your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user

C. No Account Sharing

You will not use, attempt to access, or ask for the login credentials for any third party's account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that you may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons

D. Grant of Rights

You understand that all we are offering you is access to Moon League and use of the Services as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access Moon League or use the Services. All users may access certain public areas of Moon League and use the Services and the Materials therein, free of charge. We grant all users a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on free areas of Moon League for private, non-commercial purposes on a single computer or mobile device. This free license does not include a license to access or use paid areas of Moon League or the Materials therein. We also grant you a limited, nonexclusive, revocable, and nontransferable personal license to access Moon League and use the Services and the Materials therein, as limited by your additional purchase of certain paid features and upgrades. This paid license is for private, non-commercial purposes on a single computer or mobile device. We reserve the right to limit the amount of Materials viewed or Services available to you. Your license to access Moon League and use the Services and the Materials is not a transfer of title. You will not copy or redistribute any Material, and you will prevent others from unauthorized access, use of, or copying of the Materials

E. Termination by You

You may delete your account by clicking "Delete Account" in your account settings. You will not assign, transfer, sell, or share your membership to Moon League. If you do, both you and any unauthorized user are jointly and severally liable for any fees that will be due

F. Termination by Us

We may suspend or delete your account or any licenses herein at any time, for any reason, in our sole discretion. We have the right to terminate your membership at any time, and you will be responsible for all charges to your account at the time of termination. We are not responsible for preserving terminated account information which may be permanently deleted in our discretion

2. Billing and Payments

A. Games

Games are free to enter and there is no possibility of earning Winnings in relation to your participation in the Games. You must follow the rules of the Games which are prominently displayed on Moon League. Failure to comply with the rules of the Games will be treated as a violation of these Terms of Service and may result in warning, suspension, or termination

B. Matches

If you provide valid and current payment information, you may pay Entry Fees to play Matches for a chance to earn Winnings. We offer eligible users the opportunity to purchase Entry Fees to play in Matches for differing prices. The price of any particular Match is prominently displayed on Moon League, and you may only enter the Match by paying the currently displayed Entry Fee. We reserve the right to charge additional fees for access to Moon League or any other feature or service of Moon League, and to change our fee structure at our discretion. All previous offers or discounts are unavailable once removed from Moon League.

You agree to pay any and all fees or account charges related to any fees, taxes, charges, purchases, or upgrades associated with your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement for our Services may display our company name, one of our brand names, or our third-party billing agent's name. You understand and agree that you are responsible for any and all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay any and all amounts due immediately upon cancellation or termination of your account.

You must follow the rules of the Matches which are prominently displayed on Moon League. Failure to comply with the rules of the Matches will be treated as a violation of these Terms of Service and may result in warning, suspension, or termination

C. Winnings

If you earn Winnings, we will issue payment to you in your selected payment method for any monies earned during the proceeding pay period, minus any processing fees based on your payment selection or otherwise associated with your account, provided you have met the minimum payment threshold. You are responsible for providing accurate bank account or payment method details identifying where earnings will be sent. You must own or control the account associated with your payment method, and you agree to provide us with such information as we may request to confirm your ownership or control. You cannot cash out until you have met the minimum payment threshold and provide any account information we require. We may set off any liability, damages, costs, or expenses that we incur arising from or relating to your breach of these Terms of Service against any money that we owe to you under these Terms of Service. We may also adjust or deduct the monies transferred to your account for any reason, at any time, without advance warning or notice, including retroactively. The most common reasons for transfer adjustments include customer refunds, fraud, conduct violations, and technical errors

D. Taxes

You shall be responsible for payment of all taxes, and we will not be responsible for any federal income tax withholding, unemployment contribution, worker's compensation, Medicare / Medicaid, or any employment-related benefits. If requested, you will provide us with a Social Security Number or Taxpayer Identification Number, so that an IRS form 1099 may be issued where required by law. Failure to provide such information to us may result in termination based on a violation of these Terms of Service

E. Third-Party Payment Processing

We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with Moon League. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.

F. Changes to Your Billing Information

You must promptly inform our third-party billing agent of all changes, including changes in your address and changes in your credit card used in connection with billing or payment through Moon League, if applicable. You are responsible for any credit card charge backs, dishonored checks, and any related fees that Moon League incurs with respect to your account, along with any additional fees or penalties imposed by our third-party billing agent.

G. Chargebacks

If you make a purchase on Moon League that results in a chargeback, we may terminate your account. You agree to contact us to seek a resolution of any issue before initiating a chargeback. We reserve the right to withhold any funds or proceeds generated from Entry Fees that results in a chargeback.

H. Changes to Our Billing Methods

We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you.

I. Refunds

You understand and agree that it is our standard policy that all purchases are final and nonrefundable. We reserve the right to address all refund requests in our sole discretion. In no instance will a refund be provided where the user initiates a chargeback.

J. Billing Errors

If you believe that you have been erroneously billed for activity associated with your account, please notify our third-party billing agent immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These terms shall supplement and be in addition to any terms required by third party billing entities we engage to provide billing services. You are responsible for review and compliance with such entity's terms in addition to those contained in these Terms of Service.

K. Fraudulent Use of Credit Cards

We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.

3. Acceptable Use Policy

A. Prohibited Uses for All Users

You agree that you will only use Moon League, the Services, and the Materials for purposes expressly permitted and contemplated by these Terms of Service. You may not use Moon League, the Services, or the Materials for any other purposes without our express prior written consent. Without our express prior written authorization, you will not:

use the Services for any purpose other than as offered by us, including using the Services in any way that is prohibited by these Terms of Service or that is violative of any applicable law, regulation, or treaty of any applicable governmental body
fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
link to Moon League on any third-party website in any way that is illegal, unfair, or damages or takes advantage of our reputation
engage in platform manipulation, including utilizing bots or other fraudulent means to artificially drive traffic
circumvent, disable, damage, or otherwise interfere with the operations of Moon League
reverse engineer, decompile, disassemble, or otherwise discover the source code of Moon League or any part of it
access or use any automated process (such as a robot, spider, scraper, or similar) to access Moon League
modify, adapt, translate, or create derivative works based on the Services or any part of them
commercially exploit or make available the Services or the Materials therein to third parties
take any action that imposes or may impose an unreasonable or disproportionately large load on our technology infrastructure
attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

Engaging in any Prohibited Use will be considered a breach of these Terms of Service and may result in immediate suspension or termination of the user's account and access to Moon League or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of the Services, including civil, criminal, or injunctive relief, forfeiture of Winnings, and cancellation of your account. Any unauthorized use of the Services or our computer systems violates these Terms of Service and certain international, foreign, and domestic laws.

B. Reporting Violative Materials or Activities

If you are aware of any user engaging in activities that violate these Terms of Service, please email us at [email protected] and provide as much detail as possible, including the username of the individual engaging in suspicious activities, the date and time of identification, the reason we should investigate the activities, and a statement certifying the accuracy of the information you provided to us.

C. Law Enforcement

We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms of Service, in accordance with our privacy policies, law enforcement policies, and applicable law or regulation. If your activity results in Moon League receiving a subpoena, discovery request, production order, search warrant, or court order that causes Moon League to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.

4. Dispute Resolution and Damages

A. Governing Law and Venue

These Terms of Service and all matters arising out of, or otherwise relating to, these Terms of Service shall be governed by the laws of the state of Florida, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, resolved in Orange County, Florida. All Parties to these Terms of Service agree that all actions or proceedings arising in connection with these Terms of Service or any services or business interactions between the Parties that may be subject to these Terms of Service shall be brought exclusively in Orange County, Florida. The Parties agree to exclusive jurisdiction and venue in, and only in, Orange County, Florida. The Parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the Parties with respect to, or arising out of, these Terms of Service in a jurisdiction other than that specified in this paragraph. All Parties hereby waive any right to assert the doctrine of forum non-convenient or similar doctrines challenging venue or jurisdiction, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Terms of Service whatsoever. All Parties stipulate that the courts located in Orange County, Florida shall have personal jurisdiction over them for resolution of any litigation permitted by these Terms of Service. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these Terms of Service. Any final judgment rendered against you or us in any action or proceeding shall be conclusive as to the subject matter and may be enforced in the courts located in Orange County, Florida or other jurisdictions in any manner provided by law if such enforcement becomes necessary.

B. Arbitration

If you have a dispute with Moon League arising out of or otherwise relating to Winnings, you shall meet with Moon League and negotiate in good faith to attempt to resolve the dispute. If you and Moon League are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party must submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims by us for intellectual property infringement, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be confidential. The arbitration shall be conducted in Orange County, Florida and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall be willing to execute an oath of neutrality. The Arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. The arbitration award may be enforced in any jurisdiction, under applicable law. There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.

C. Waivers

You hereby waive any right or ability to initiate any class action or collective proceeding along with any right to trial by jury

D. Rights to Injunctive Relief

You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event you breach these Terms of Service, and that we shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity

E. Additional Fees

If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any damages or any other amount of money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages themselves. You agree that you will pay these fees and costs

5. Disclaimers

A. We Disclaim All Warranties

We provide access to Moon League and use of the Services "as is" and "with all faults." We make no warranty that Moon League or the Services will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to Moon League or use of the Services will be uninterrupted, timely, secure, error-free, or that loss of materials will not occur, to the greatest extent provided by applicable law. We may change any of the information found on Moon League at any time or remove any or all Materials thereon. We make no commitment to update the Materials. We make no warranty regarding any goods or services purchased or obtained through Moon League or any transaction entered into through Moon League. There are no warranties of any kind that extend beyond the face of these Terms of Service or that arise because of course of performance, course of dealing, or usage of trade.

B. Use at Your Own Risk

You expressly agree that access to Moon League and use of the Services is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that Moon League or the Services will be free of viruses, malware, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, Moon League, or the Services. You understand and agree that any Materials downloaded or otherwise obtained through Moon League is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.

C. Third-Party Links

Moon League may contain links to websites or resources owned and operated by our users or third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services provided by our users or on third-party links. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You agree to hold us harmless from any and all damages and liability that may result from use of third-party links that appear on Moon League and any advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or private information by sellers or third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the policies of those third parties, not by these Terms of Service or our other policies. We reserve the right to demote or remove any link at any time

D. Violations of Law

Access to Moon League and use of the Services in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access Moon League and use the Services will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party

6. Indemnification

You agree to defend, indemnify, and hold harmless Moon League, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use Moon League or the Materials, or any breach of these Terms of Service by you or another person under your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so

7. Limitation of Liability

You acknowledge that we will not be liable to you for user-generated Materials or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user-generated Materials or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of Moon League including claims relating to the following:

Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, illegal gambling, any financial loss not due to the fault of Moon League, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of Moon League, unavailability of Moon League, its functions and any other technical failure that may result in inaccessibility of Moon League, or any claim based on vicarious liability for torts committed by individuals met on or through Moon League, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.

The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of Moon League, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.

We expressly disclaim any liability or responsibility to you for any of the following:

Any loss or damage of any kind incurred because of the Materials, including errors, mistakes, or inaccuracies of the Materials or any Materials that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.
Personal injury or property damage of any nature resulting from your access to and use of Moon League.
Any third party's unauthorized access to or alterations of your account, transmissions, data.
Any interruption or cessation of transmission to or from Moon League and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with Moon League.
Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through Moon League by any third party.
Any incompatibility between Moon League and your other services, hardware, or software.

8. Intellectual Property

A. Trademarks

Moon League is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers' product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on Moon League may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Moon League.

B. Copyrights

The Materials are our proprietary information and valuable intellectual property. We retain all right, title, and interest in such Materials. Moon League, the Materials, and our software are protected by copyright law. The Materials may not be copied, downloaded, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in these Terms of Service violates our intellectual property rights.

9. Additional Terms for Mobile Users

A. Apple Users

If you download our Apple mobile application ("Apple App"), the following apply to you:

Both parties acknowledge that these Terms of Service are between you and us only, and not with Apple, and we, not Apple, are solely responsible for Moon League and the Materials.
We grant you only a limited, non-transferable license to use the Apple App on any Apple products that you own or control, as permitted by Apple's terms of service, except that the Apple App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
We are solely responsible for providing any maintenance and support services with respect to the Apple App, as specified in these Terms of Service or as required under applicable law. Both parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.
We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.
Both parties acknowledge that we, not Apple, are responsible for addressing any claims you or any third party bring relating to the Apple App or your possession and/or use thereof.
Both parties acknowledge that, in the event of any third-party claim that the Apple App or your possession and/or use thereof infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You may send questions, complaints, and claims related to the App to:
Moonduel, LLC
101 E. Stuart Ave.
Lake Wales, FL 33853
[email protected]
You must comply with applicable third-party terms of agreement when using the Apple App.
Both parties acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.

B. Google Users

If you access the Services through the Google Play Store, you agree to the following additional Terms of Service required by Google: https://play.google.com/intl/en_us/about/play-terms.html.

10. General

A. Entire Agreement

These Terms of Service and any other legal notice or agreement published by us on Moon League, forms the entire agreement between you and us concerning your use of Moon League. It supersedes all prior terms, understandings, or agreements between you and us regarding use of Moon League. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of these Terms of Service shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

B. Policies of Our Service Providers

You understand and agree that we may use certain third-party service providers to offer the Services to you. You understand and agree that you must agree to and abide by any user terms, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern.

C. Assignment and Delegation

We may assign any rights or delegate any performance under these Terms of Service without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.

D. Severability

If any provision of these Terms of Service is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.

E. Cumulative Remedies

All rights and remedies provided in these Terms of Service are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.

F. Successors and Assigns

These Terms of Service inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms of Service.

G. Force Majeure

We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.

H. Notices

Any notice required to be given by us under these Terms of Service may be provided by email to a functioning email address of the party to be noticed, by a general posting on Moon League, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at [email protected] unless otherwise specified in these Terms of Service. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Terms of Service. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service

I. Communications are Not Private

We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into Moon League may be read by the agents and operators of Moon League, regardless of whether they are the intended recipients of such messages.

J. Consideration

We allow you to access and use Moon League, the Services, and the Materials, as limited by your additional purchase of certain paid features and upgrades, in consideration for your acquiescence to all the provisions in these Terms of Service. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of Moon League.

K. Electronic Signatures

You agree to be bound by any affirmation, assent, or agreement you transmit through Moon League. You agree that when in the future you click on an "I agree," "I consent," or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

L. English Language

We have written these Terms of Service and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Terms of Service as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms of Service. In the event that you choose to translate these Terms of Service, you do so at your own risk, as only the English language version is binding.

M. Export Control

You understand and acknowledge that the software elements of the Materials on Moon League may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such Materials contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.

N. No Agency Relationship

Nothing in these Terms of Service shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

O. Usages

In these Terms of Service, unless otherwise stated or the context otherwise requires, the following usages will apply:

References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
In computing periods from a specified date to a later specified date, the words "from" and "commencing on" (and the like) mean "from and including," and the words "to," "until," and "ending on" (and the like) mean "to but excluding."
References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
"A or B" means "A or B or both." "A, B, or C" means "one or more of A, B, and C." The same construction applies to longer strings.
"Including" means "including, but not limited to."

P. No Waiver

No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms of Service. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms of Service.

Q. Headings

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms of Service.

R. Other Jurisdictions/Foreign Law

We make no representation that Moon League, the Services, or any of the Materials are appropriate or available for use in all locations. You may not access to Moon League, the Services, or the Materials from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access Moon League and use the Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms of Service shall be interpreted as an admission that that Moon League is subject to the laws of any nation besides the United States.

S. Service Not Available in Some Areas

You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access Moon League. Moon League IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use Moon League while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Service, and subject to having your account suspended or terminated without any notice to you. You hereby agree that Moon League cannot be held liable if laws applicable to you restrict or prohibit your participation. Moon League makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on Moon League, nor shall any person affiliated, or claiming affiliation, with Moon League have authority to make any such representations or warranties. We reserve the right to restrict access to Moon League in any jurisdiction.