Terms And Conditions

These Terms and Conditions (hereafter “Terms”) apply to MOON GAMING INC. (hereafter “Moon
Gaming”, “we”, “us”, or “our”), and your access and use of the website (www.moonpoker.com) and all
of its sub-domains (the “Website”), as well as your download, access, and/or use of our mobile
applications (the “Application”), including, without limitation, your participation in any of our products,
services, content, promotions, tournaments, games, and mini-games, including sweepstakes,
contests, or giveaways relating thereto (collectively the "Services").
YOU MUST READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE, APPLICATION,
AND/OR SERVICES. YOU AGREE THAT BY ACCESSING AND/OR USING OUR WEBSITE,
APPLICATION, AND/OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS,
SWEEPSTAKES RULES (“RULES”), OUR PRIVACY POLICY, OUR COPYRIGHT POLICY, AND ALL
OTHER TERMS PROVIDED BY US RELATING TO YOUR USE OF THE WEBSITE, APPLICATION,
AND/OR SERVICES. IF YOU DO NOT WANT TO AGREE TO THESE TERMS, OUR RULES,
PRIVACY POLICY, OR ANY OTHER TERMS OR POLICY, YOU MUST NOT ACCESS OR USE THE
WEBSITE, APPLICATION, AND/OR SERVICES. THESE TERMS CONTAIN A MANDATORY AND
BINDING ARBITRATION PROVISION. BY DOWNLOADING, ACCESSING, OR USING THE
WEBSITE, APPLICATION, AND/OR SERVICES, AND/OR OTHERWISE REGISTERING AN
ACCOUNT, YOU AGREE TO BE BOUND BY THIS PROVISION TO THE MAXIMUM EXTENT
PERMITTED BY LAW. NO PURCHASE OR PAYMENT IS REQUIRED TO DOWNLOAD, ACCESS,
OR USE THE SERVICES, OR TO ENTER OR WIN ANY TOURNAMENT. A PURCHASE OR
PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
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ALL GAMES, TOURNAMENTS, OR OTHER PROMOTIONS ARE VOID WHERE PROHIBITED OR
RESTRICTED BY LAW, OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS
WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET
FORTH BELOW WOULD BE DEEMED CONSIDERATION OR TO BE AN ENTRY FEE. ALL
APPLICABLE FEDERAL, STATE, PROVINCIAL, MUNICIPAL, AND LOCAL LAWS APPLY. YOU ARE
SOLELY RESPONSIBLE FOR YOUR COMPLIANCE WITH ALL APPLICABLE LAWS.
To claim prizes valued at $50 or more, you must agree to provide a testimonial, either written, photo,
or video, and consent to advertising. For prizes exceeding $1,000, a photo or video testimonial is
required (in addition to your consent to advertising).
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Moon Gaming reserves the right to withdraw or amend the Services, and any material we provide via
the Services, in our sole discretion, without notice, at any time. Moon Gaming will not be liable if, for
any reason, all or any part of the Services is unavailable at any time or for any period.
1. Definitions
A. “Account” means a Player’s registered account associated with the Player’s
username and email in order to access the Services. There is no fee or charge to register an
Account.
B. “ARV” means the approximate retail value of a prize.
C. “Daily Promotion Period”, means every 24 hours starting at 12:00:01 AM (EST) and ending
11:59:59 PM (EST), unless otherwise stated on the applicable Tournament rules.
D. “Claim Form” means Moon Gaming’s standard eligibility and liability/publicity release (where
legal), which Moon Gaming may require, in Moon Gaming’s sole discretion, be accepted by a
Potential Winner at the conclusion of a Tournament in order to redeem and/or receive a Prize.E. “Eligible Person” means a Player who:
 has an Account;
 is a legal permanent resident of a Permitted Jurisdiction;
 is physically located within a Permitted Jurisdiction when registering and accessing an
Account, and when participating in any Tournament;
 is, as of the date of registration of an Account, at least eighteen (18) years of age, or
the age of majority in Player’s state of legal residence, jurisdiction, and location (the
“Age Requirement”); and
 at all times has abided and abides by applicable laws and these Terms.
If any one of these requirements is not met at any time, Moon Gaming may refuse service,
suspend, deactivate, disable, terminate or delete your Account and all related information and
files, including any Virtual Items or Stars, relating to your Account, terminate your rights to use
or participate in Moon Gaming’s Services, Application, or Tournaments, remove or edit any
Content, including User Generated Content, or cancel your Virtual Items or Stars, or take any
other action permitted by law or these Terms.
F. “Entrant” means any Eligible Person who has successfully entered a Tournament pursuant to
these Terms.
G. “Stars” means the in-game currency Players use to enter a Tournament. Stars are FREE and
a purchase is not required to enter any Tournament or extend gameplay. All methods for
obtaining Stars are set forth in our Rules. Stars have no real-world monetary value, and
cannot under any circumstances be redeemed for prizes, cash, or any other form of currency.
H. “Tournament” means any daily tournament and/or related game or mini-game element(s)
provided by the Services.
I. “Permitted Jurisdiction” means any Province of Canada, excluding Quebec, and any of the
FIFTY (50) United States, excluding: (i) Idaho; (ii) Michigan; (iii) Washington; (iv) Florida (when
the ARV of a prize is greater than $5,000); (v) New York (when the ARV of a prize is greater
than $5,000); and (vi) any other state or jurisdiction where participation in any Tournament, or
receipt of and/or use of Stars in connection with any Tournament, is prohibited or restricted by
law.
J. “Player” means any person who (a) meets the Age Requirement; and (b) has an Account in
accordance with these Terms. A Player is an Eligible Person when these Terms refer to a
Player’s participation in the Tournaments in any way.
K. “Prize” means any prize awarded from being a Winner of a Tournament, or otherwise awarded
in accordance with the particular rules, format. and parameters of a Tournament, as may be
indicated from time to time.
L. “Task” means watching a short video, referring a friend, completing a short survey, or some
other activity of trivial time and effort that may award a Player with additional Stars, subject to
all conditions and limitations contained in these Terms and our Rules.
M. “User Generated Content” means all information, including all materials, photos, videos,
audio, comments, and text created, used, or uploaded by a Player to the App.
2. Updates to TermsWe reserve the right to update these Terms from time to time and without notice by posting the
updated version on our Website and/or Application. Any changes will be binding and effective
immediately upon posting and apply to all access to and use of the Services, Website, or Application
thereafter. Your continued use of the Services, Website, or Application following the posting of revised
Terms constitutes your agreement to the changes. If you do not agree to these Terms or any future
updated version, then you must not use, and must cease all use of, any and all of our Services. If any
future update to these Terms requires a click to accept, then you may not be able to continue to use
the Services until you have clicked to accept the updated Terms.
3. Participation in Tournaments
Subject to these Terms and our Rules, Eligible Persons may be able to participate in Tournaments
offered during the Daily Promotion Period. Moon Gaming reserves the right at any time, for any reason
and no reason, to immediately and in its sole discretion: (i) deny any Player access to any and all
parts of this Services (including any Tournament); and (ii) suspend, terminate, or delete any Player’s
Account, which includes canceling any Virtual Items or Stars relating thereto. Moon Gaming also
reserves the right to block transmission of, and or remove any User Generated Content, at any time,
for any reason, and without prior notice to a Player. Stars made available to Players for use on the
Website are provided to promote Moon Gaming’s offering of Virtual Items made available on the
Website for the purpose of providing customizable user experiences and/or gameplay enhancements
to provide entertainment to our Players.
TOURNAMENTS MAY NOT BE USED FOR ANY FORM OF GAMBLING, BETTING, OR WAGERING
ACTIVITY.
The Services (including all Tournaments) are FREE to enter. No purchase is necessary to enter or win.
Tournaments are void where methods of entry would be deemed consideration or an entry fee. If you
decide to access the Application via any wireless device, you may be charged data rates according to
the terms and conditions of your service agreement with your wireless carrier. In addition to our Rules,
the specific guidelines for each Tournament can be found within the Tournament itself. Our Rules and
such guidelines form part of these Terms, and you agree that you shall comply with them with respect
to each Tournament which you choose to access and/or play.
Moon Gaming or a promotional partner, affiliate, or advertiser may offer items and/or services for
purchase through our Website, through our Application, through our Services, or through such other
channels as Moon Gaming may make available from time-to-time in its sole discretion. If any such
item and/or service is offered for purchase, by Moon Gaming or by a promotional partner, affiliate, or
advertiser, no purchase shall be necessary to enter or win any promotion, contest, or sweepstakes
(including any Tournament), or will increase your chances of winning any promotion, contest, or
sweepstakes (including any Tournament). When you make a purchase through our Website,
Application, or through some other channel controlled by and/or affiliated with Moon Gaming, your
payments are processed by third party payment processors. We accept various forms of payment, as
specified at the time of purchase. Any payment processor will have their own terms and conditions,
and you should ensure you are in agreement with these prior to making any payment. If your
transaction with any such entity is not successful, then your purchase will not be fulfilled. Upon the
completion of a successful payment transaction, we will endeavor to fulfill your order as soon as
possible at the point of purchase. If Moon Gaming offers any item and/or service for purchase, the
charge for such purchase shall be as stated on the applicable platform or channel, except in the case
of obvious error. The charge shall be inclusive of all sales taxes and other charges.
The Tournaments are intended solely for users who are Eligible Persons and who are legally permitted
residents in Permitted Jurisdictions and are physically located within the Permitted Jurisdiction when
registering and accessing an Account, and when participating in any Tournament, and when receiving
and using Stars. Participation in any Tournament, or acceptance and use of Stars, may not be legal forsome persons or in some countries outside the United States or certain jurisdictions within the United
States. Additionally, if a Player elects to access and use the Services, participate in the Tournaments,
or accept and use Stars from outside of the United States or any such restricted jurisdiction within the
United States, such Player is in violation of these Terms and does so at such Player’s own risk. Each
Player is solely responsible for complying with all applicable laws.
You are responsible for the Internet connection and/or mobile charges that you may incur for
accessing and/or using our Services.
4. Player Accounts and Eligibility
Tournaments are only open to Eligible Persons. Void where prohibited by law. Each Player must
register for an Account in accordance with these Terms. There is no fee or charge to register an
Account. Each Player agrees that Player shall not provide any other person with access to Player’s
Account or Player’s information, including any username, password, or other security information.
Player shall only create one Account, and shall not engage in collusion among individuals/Players or
syndicate play through any other Account(s). Player shall logout or exit from his/her Account at the
end of each session. Moon Gaming reserves the right, in its sole discretion, at any time, to
immediately and without prior notice to Player refuse service, suspend, deactivate, disable, terminate,
or delete Accounts and all related information and files, including any Stars, Virtual Items, or User
Generated Content relating to the Account, and terminate such Player’s rights to use or participate in
any Services, for any reason and at any time. Moon Gaming may, at any time and in its sole
discretion, request any Player to provide information to verify that such Player is eligible to use the
Services and/or participate in the Tournaments pursuant to these Terms. The failure to qualify as an
Eligible Person, or the failure upon request to provide verification information acceptable to Moon
Gaming, may result in a determination by Moon Gaming, in its sole discretion, that such Player is
ineligible from entering, participating in any way, or winning and receiving any Prize associated with
any Tournament, and Moon Gaming may suspend, deactivate, disable, terminate or delete such
Player’s Account
and all related information and files, including any Stars and/or Virtual Items relating to the Account,
and/or suspend or bar such Player’s right to use or otherwise access the Services.
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The following Players are NOT eligible to win any Prize associated with any Tournament, either
through their own participation in a Tournament or through another person as a proxy:
 employees, agents, or representatives of Moon Gaming, the subsidiaries, advertisers, and
affiliates of Moon Gaming, or employees, agents, or representatives of suppliers providing
prizes or other materials or services in connection with a Tournament, including promotional
agencies, promotional partners, and any other entity involved in the development,
administration, or promotion of any Tournament (collectively, the “Excluded Individuals”);
 immediate family members (parent, child, sibling, and spouses of each) of the Excluded
Individuals;
 and any other persons with whom the Excluded Individuals reside.
By participating in the Tournament in any way, you represent that you are not an Excluded Individual.
You agree that you shall take all steps necessary to protect your login details
and keep them secret. You agree that you shall not give your login details to anyone else or allow
anyone else to access your Account. If you fail to keep your login details secret, or if you share your
login details or Account with someone else (intentionally or unintentionally), you accept full
responsibility for the consequences (including any unauthorized purchases) and agree to fully
compensate us for any losses or harm that may result. We will not be responsible to you or anyone
else for any loss that you suffer as a result of an unauthorized person accessing your Account and/or
using our Services, and we accept no responsibility for any losses or harm resulting from its
unauthorized use, whether fraudulently or otherwise. We reserve the right to delete your Account if noactivity is conducted by you in relation to the Account for 180 or more days. In such event, you may no
longer be able to access and/or use any Stars or Virtual Items associated with your Account and no
refund will be offered to you in relation to the same. You understand that if you delete your Account, or
if we delete your Account in accordance with these Terms, you may lose access to any data previously
associated with your Account.
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER
PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES
OR ANY STARS OR VIRTUAL ITEMS ASSOCIATED WITH YOUR ACCOUNT.
5. How to Enter Tournaments
No purchase or payment is necessary to download the Application, register an Account, or participate
in any Tournament. During each Daily Promotion Period, a Player may participate in a Tournament by
entering the Tournament before the start time indicated for the specific Tournament.
To enter a Tournament:
1. Download or open the Application and either (a) if you already have an Account, log into your
existing Account, or (b) if you do not already have an Account, successfully sign up for an
Account.
2. When you successfully sign up for the Application for the first time, and for each Daily
Promotion Period, you automatically receive Stars that may be used to enter Tournament(s).
You can log in during the Daily Promotion Period to claim your Star(s) once they are available.
3. At or following registration of your Account, you may select the option to purchase one of the
following Subscription Packs in order to enable the purchase of Virtual Items offered in Moon
Gaming marketplace: (1) Carbon Pack (unlocks access “uncommon” Virtual Items for
purchase); (2) Titanium Pack (unlocks access to “rare” Virtual Items for purchase); and (3)
Galaxy Pack (unlocks access to “epic” Virtual Items for purchase).
4. During each Daily Promotion Period, you may use your Stars to participate in a Tournament. A
purchase or payment of any kind will not increase your chance of winning any tournament. You
may be eligible to receive free Stars during each Daily Promotion Period
by: (a) completing one or more Tasks; (b) purchasing qualifying products or services (i.e.
Subscription Packs and/or Virtual Items) offered by Moon Gaming or a promotional partner,
affiliate, or advertiser; or (c) other free alternative method of entries as set forth in our Rules.
Moon Gaming reserves the right to add, remove, or modify any steps required to enter any
Tournament. Failure to comply with these steps or our Rules or these Terms may result, in Moon
Gaming’s sole discretion, among other things, in refusal of service, suspension, deactivation,
disabling, termination or deletion of your Account and all related information and files, including any
Stars, Virtual Items, and/or User Generated Content relating to your Account, or termination of your
rights to use or participate in the Services, or taking any other action as permitted by law or these
Terms.
6. Cancellation
Moon Gaming may cancel any Tournament for any reason at any time. Moon Gaming may, in its sole
discretion, refuse service, suspend, deactivate, disable, terminate, or delete your Account and all
related information and files, including any Stars or Virtual Items, relating to your Account, terminate
your rights to use or participate in Moon Gaming’s Services, or remove or edit any User Generated
Content, or take any other action permitted by law or these Terms, in the that event you,
in Moon Gaming’s sole determination, are found or suspected to have engaged in any prohibited act
or omission in violation of these Terms.Moon Gaming reserves the right, in its sole discretion, to cancel, suspend, terminate, or modify the
Daily Promotion Period (including any Tournament), or to disqualify participants residing in affected or
applicable geographic areas, if the Tournament or such Daily Promotion Period is challenged by any
legal or regulatory authority.
Moon Gaming reserves the right, in its sole discretion, to cancel or withhold any Prize, or to otherwise
cancel, suspend, terminate or modify any Tournament that is not capable of being completed as
planned, including due to computer, network, or other technical error, infection by computer viruses or
bugs, tampering, unauthorized intervention, evidence of cheating, force majeure, or technical failures
of any sort beyond the reasonable control of Moon Gaming, which corrupts or impairs the
administration, security, fairness, integrity, or proper play of any Tournament.
7. Tournament Winners
For each Tournament, there may be one or more potential winners (a “Potential Winner”). The
amount of Potential Winners depends on the format of the Tournament. For each Tournament, Moon
Gaming will provide the amount of Potential Winners, the Prize, and the ARV of each Prize. Moon
Gaming will notify Potential Winners through the Application that they are Potential Winners after the
conclusion of any Tournament. Such notification may consist of Prizes being immediately added to
Player’s Account following the conclusion of a Tournament. Moon Gaming may, in its discretion, also
notify and/or contact the Potential Winner via telephone, in writing, or via email for any reason. In the
event Moon Gaming is unable to contact or notify a Potential Winner, as determined in Moon
Gaming’s sole discretion, such Potential Winner’s Prize, if Potential Winner is otherwise eligible for
such Prize, will be forfeited, and Moon Gaming shall be fully and completely released and discharged
from any liability or responsibility relating thereto.
By entering into any Tournament, each Player confirms compliance with these Terms, including
eligibility requirements, and agrees to accept the releases of liability and publicity in these Terms,
accept any Prize awarded, agree to maintain confidentiality as required by Moon Gaming, and release
certain parties from any losses, liabilities, damages or claims arising from or related to any Prize
awarded and/or the Tournament as set forth in these Terms. The foregoing shall not in any way limit
any other term, condition, or requirement in these Terms.
Potential Winners may, if applicable and in Moon Gaming’s sole discretion, be required (a) to submit
verification information acceptable to Moon Gaming that the Potential Winner meets all eligibility
requirements set forth in these Terms and/or our Rules, (b) to accept a Claim Form, and (c) to submit
any required payment information and tax forms, or the Prize may be forfeited. All completed Claim
Forms, if required by Moon Gaming, shall become the property of Moon Gaming. In order to claim a
Prize, Moon Gaming may require Potential Winner to submit required payment information and tax
forms, and accept the Claim Form, which includes representations of eligibility, compliance, and
release of liability and publicity release, all of which each Potential Winner is already bound to by
participating in the Tournament. If Moon Gaming requires a Potential Winner to accept a Claim Form
or submit any required payment information and tax forms, and the Potential Winner
fails to do so within the timeframe provided by Moon Gaming, Moon Gaming reserves the right to
disqualify the Potential Winner from receiving the Prize, and Moon Gaming shall be fully and
completely released and discharged from any liability or responsibility relating there to.
Moon Gaming fully reserves the right, in its sole discretion, to disqualify the Potential Winner, or take
any other action permitted by law associated with a violation of these Terms, at any time, even after
acceptance of a Claim Form (if required by Moon Gaming), if Moon Gaming determines that any
portion of the Daily Promotion Period, Tournament, or Prize is or might be prohibited or restricted by
law in the jurisdiction where the Potential Winner resides or is located, or where bonding, registration,
or any other requirements by said jurisdiction might be or are required but have not been met, or
where the methods of entry set forth in the Terms could or would be deemed consideration or an entryfee by said jurisdiction. Without limitation of any other term, condition, or requirement herein, Player
agrees to hold Moon Gaming harmless and waive any and all claims if Moon Gaming makes such a
determination. Moon Gaming may disqualify any Player, or take any other action permitted by law or
these Terms associated with a violation of these Terms if it determines a Player has misrepresented
where he/she resides or is physically located when accessing the Services. Each Player represents
that he/she understands any Tournament held during a Daily Promotion Period and/or Prize to be legal
and permissible under the law where the Player resides. Without limitation of any other term,
condition, or requirement herein, each Player agrees to hold Moon Gaming harmless and waive any
and all claims in the event that any government entity or official in the jurisdiction where the Player
resides or is located determines otherwise. Players may be required to enable their location services
in the settings feature of their mobile device to participate in Tournaments and receive jurisdiction-
appropriate Prizes.
8. Prizes
Each Potential Winner of a Tournament or a Prize that is an Eligible Person and completes a Claim
Form (if required by Moon Gaming) as required above (a “Winner”) will receive a Prize dependent on
the particular format and rules of the Tournament. Odds of winning will depend on the type of Prize,
the type of Tournament for which a Prize is offered, the total number of Eligible Persons participating,
the skill of those Eligible Person in playing the Tournament, and each Eligible Person’s compliance
with these Terms. If there is a tie in any Tournament for any Prize, the Prize(s) will be split accordingly
among tied Eligible Persons.
Each Prize is awarded “as is” with no warranty or guarantee, either express or implied. The Winner
may not substitute, assign, or transfer the Prize, but Moon Gaming reserves the right, at its sole
discretion, to substitute a Prize (or portion thereof) with one of comparable or greater value. Prizes
may be awarded as a lump sum, as installments, or otherwise at Moon Poker’s sole and absolute
discretion. Payment of any Prize may be assigned by Moon Poker to any applicable third-party
insurance agency, promotion agency, or other contractual third parties, in which case you hereby
explicitly agree to release and hold harmless Moon Poker from any and all obligations or liabilities
relating to such Prize. Winner is responsible for all applicable federal, state, provincial, municipal,
local, and other tax liabilities, fees, and other amounts in connection with any Prize, including where
the aggregate Prize value exceeds $600.00 in any calendar year. Moon Gaming is not responsible for
any such taxes or expenses. An IRS Form 1099 or similar form may be submitted to all appropriate
taxing authorities, and Winner must provide any required payment information and tax forms to Moon
Gaming as necessary or requested.
Players agree that if a Winner is found to have breached these Terms, or otherwise does not meet the
eligibility criteria, such Prize will be forfeited and, in Moon Gaming’s sole discretion, may be awarded
to an alternate Winner.
Without limiting the foregoing or any other term, condition, or requirement herein, Moon Gaming fully
reserves the right, in its sole discretion, to cancel or withhold any Prize from any Player who has
created multiple Accounts or engaged in collusion among individuals/Players or syndicate play, or who
has otherwise cheated, or violated any Tournament rules. Moon Gaming reserves the right to void all
Prizes, entries (including, but not limited to, Stars), and/or Tournament play made through any robotic,
automatic, mechanical, programmed, similar entry duplication method, or any other suspicious activity,
malfunction, or technical issue(s) as determined in Moon Gaming’s sole discretion. All decisions made
by Moon Gaming regarding its operation of any Tournament or its aware of any Prize shall be final and
binding.
You hereby acknowledge that Moon Gaming may also from time to time operate certain Tournaments
as “mini games” or other unique promotions, which may or may not be subject to different rules,
formats, and prize structures (hereafter “Mini Games”), which Mini Games may be offered asstandalone Tournaments or may be integrated within Tournaments, and may feature unique or
additional Prize opportunities. You acknowledge that these Mini Games Prizes, in whole or in part,
may or may not be skill-based, may or may not be awarded on the basis of determining the “winner(s)”
of Mini Games or Tournaments, and may or may not be awarded on a random or other basis. Prizes
awarded during Mini Games or Tournaments may be insured by Moon Gaming, and thus may be
subject to additional pre-award or post-reward requirements or investigations as may be imposed by
any applicable third-party insurance agency, promotion agency, or other contractual third parties,
including the requirement that the award of the Prize(s) be independently verified or authenticated by
third-party servers. You hereby explicitly acknowledge and agree that any and all such additional third-
party requirements are incorporated herein by reference, and may be communicated to you by Moon
Gaming either before or after a Prize has been tentatively or apparently awarded to you or any other
Winner(s), as may be required by the particular promotion and/or insurance rules to which Moon
Gaming is subject. You further acknowledge and agree that any and all visual and/or graphic display
and/or any audio output shall NOT be considered or interpreted as representing any confirmation or
guarantee of a Prize being awarded. Any Prize obtained or won through any robotic, automatic,
mechanical, programmed, similar entry duplication method, tampering, or as a result of any other
suspicious activity, configuration error, software malfunction, hardware malfunction, machine
malfunction, interruptions, disconnections, or any other technical or similar issue(s) whether human or
otherwise, as determined in Moon Gaming’s sole discretion, shall be automatically forfeited and void in
all regards, without any liability on the part of Moon Gaming or its third-party promoters and/or
insurers.
By participating in any Tournament or Mini Game, you agree that Moon Gaming and each of its
parents, affiliates, subsidiaries, partners, agents, lenders, insurers, and advertising and promotion
agencies, and all of their respective officers, directors, employees, representatives, shareholders,
members, consultants, agents and persons acting by, through, or in concert with them will have no
liability whatsoever for, and shall be held harmless by you from, any liability for injuries, losses, cost,
expenses or damages of any kind, including damages for death, personal injury, property damage, or
loss of any kind including loss of profits.
9. User Conduct and Content
You covenant and agree that all the information you provide to us via accessing and/or using our
Services is and shall remain true, accurate and complete at all times.
You agree not to upload, communicate, transmit or otherwise make available any User Generated
Content:
 That is or could reasonably be viewed as unlawful, harmful, harassing,
defamatory, libelous, obscene, or otherwise objectionable;
 That is or could reasonably be viewed as invasive of another’s privacy;
 That is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic
hatred;
 Which you do not have a right to make lawfully available;
 Which infringes any intellectual property right or other proprietary right of others; 6. Which
consists of spam; or
 Which contains software viruses or any other computer code, files, or programs designed to
interrupt, destroy, or limit the functionality of any computer software or hardware or
telecommunications equipment.
You agree that you will not:
 Use our Services to harm anyone or to harass any person; Create more than one Account to access our Services;
 Provide any other person with access to your Account or your information, including your
username, password, or other security information;
 Use another person or entity’s email address in order to sign up to use our Services;
 Use our Services for fraudulent or abusive purposes;
 Disguise, anonymous or hide your IP address or the source of any User Generated Content
that you may upload;
 Use our Services for any commercial or business purpose or for the benefit of any third party
or to send unsolicited communications;
 Remove or amend any proprietary notices or other ownership information from any part of our
Services;
 Interfere with or disrupt our Services or servers or networks that provide our Services;
 Attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat
or overcome any of our encryption technologies or security measures or data transmitted,
processed, or stored by us;
 Collect any information about or regarding other people that use our Services, including, but
not limited to, any personal data or information;
 Sell, transfer, or try to sell or transfer an Account with us or any part of an Account including
any Stars or Virtual Items;
 Disrupt the normal flow of a Tournament or otherwise act in a manner that is likely to
negatively affect other players’ ability to compete fairly when playing our Tournaments;
 Disobey any requirements or regulations of any network connected to our Services;
 Use our Services in violation of any applicable law or regulation;
 Use or make available any cheats or technological measures designed to control access to, or
elements of, our Services, including providing access to any Stars or Virtual Items;
 Use our Services to cheat or design or assist in cheating (for example, by using automated
means or third-party software to play), or to otherwise circumvent technological measures
designed to control access to, or elements of, our Services, or to do anything else that a
reasonable person is likely to believe is not within the spirit of fair play or these Terms; or
 Use our Services in any other way not permitted by these Terms.
If you are concerned that someone else is not complying with any part of these Terms, please contact
[hello@moonpoker.com].
We do not control User Generated Content posted on our Services and therefore we cannot
guarantee the accuracy, integrity, or quality of any User Generated Content. You understand that when
using our Services, you may be exposed to User Generated Content that you may consider offensive,
indecent, or objectionable. Under no circumstances will we be liable in any way for any User
Generated Content, including, but not limited to, any errors or omissions in any User Generated
Content, or any losses or harm of any kind resulting from the use of any User Generated Content
posted, emailed, transmitted, or otherwise made available via our Services. We have the right to
remove User Generated Content from our Services if we decide in our sole discretion that it results in
or from a breach of any part of these Terms, or that it may bring us or our Services into disrepute.
However, you acknowledge that we do not actively monitor User Generated Content that is contributed
by people that use our Services, and we make no undertaking to do so.
The Services may include e-mail services, bulletin board services, forums, communities, or other
message or communication facilities designed to enable you to communicate and interact with other
users of the Services (the “Public Areas”). You agree to use the Public Areas only to post, send, and
receive messages and materials that are proper and, when applicable, related to the particular Public
Area. Moon Gaming has no obligation to monitor the Public Areas. Moon Gaming reserves the right to
terminate or suspend your access to any or all of the Public Areas at any time, without notice, for any
reason whatsoever. You acknowledge that postings and other communications by users of theServices are not controlled or endorsed by Moon Gaming, and such communications shall not be
considered reviewed, screened, or approved by Moon Gaming. Statements made in postings, forums,
bulletin boards and other Public Areas reflect only the views of their authors. Moon Gaming
specifically disclaims any liability with regard to the Public Areas and any actions resulting from your
participation in any Public Areas. You acknowledge and agree that your communications with other
users of the Services via the Public Area or otherwise is public and not private communications, and
that you have no expectation of privacy concerning your use of the Public Areas. You acknowledge
that personal information that you communicate on the Public Areas may be seen and used by others
and result in unsolicited communications. We are not responsible for information that you choose to
communicate to other users of the Services via the Public Areas, or for the actions of other users of
the Services. Breach of these Terms We reserve the right to suspend or terminate your access to our
Services immediately without notice (including by prohibiting further participation in Tournaments
and/or deleting your Account) if we reasonably believe that you have committed a breach of these
Terms.
10. Disclaimers
THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH ALL FAULTS AND
WITHOUT ANY WARRANTIES OF ANY KIND. MOON GAMING DISCLAIMS ALL WARRANTIES,
EXPRESS AND/OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT
LIMITED TO, ANY WARRANTY OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT,
TITLE, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. MOON
GAMING DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY PURCHASES OR ANY
PROBLEMS OR TECHNICAL MALFUNCTION OF THE INTERNET, COMPUTER SYSTEMS,
SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE OR
FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE
INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE
RELATED TO OR RESULTING FROM THE WEBSITE, THE APPLICATION, OR THE SERVICES.
We do not guarantee that any of our Services will be available or error-free at all times or at any given
time or that we will continue to offer all or any of our Services for any particular length of time. We may
change and update our Services without notice to you. We make no warranty or representation
regarding the availability of our Services and reserve the right to modify or discontinue the Services in
our sole discretion.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT
ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE
DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS
ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
Moon Gaming shall not be in default or otherwise liable for any delay in or failure of its performance
under these Terms where such delay or failure arises by reason of any act of God, epidemic,
pandemic, government or any governmental body, war, insurrection, acts of terrorism, strikes or labor
disputes, or other similar or dissimilar causes beyond Moon Gaming’s control. Additionally, without
limitation, Moon Gaming is not responsible for, among other things, any (a) lost, damaged,
malfunctioned, incorrect, late, or delayed entries in any Tournament, or Claim Form submission; (b)
telephone, computer, hardware, software, programming or network malfunction or other technical
failures or errors, or the failure to properly process Stars, Virtual Items or Tournament play; (c)
communication disruption or other forces beyond the reasonable control of Moon Gaming, including
but not limited to disruption related to internet traffic, wireless networks, virus, bug or non-authorized
intervention; or (d) damage caused by computer or mobile device related virus or otherwise resulting
to any computer or cell phone from such Player’s use of the Services.If any malfunction, error, disruption, or similar damage occurs and impairs the administration, security,
fairness, integrity, or proper play of the Tournaments or administration of Stars or Virtual Items, Moon
Gaming reserves the right to terminate, cancel, suspend, and/or modify the Tournament, administering
of Stars or Virtual Items, or the awarding of Prizes by posting a notice on the Application.
Players or persons found tampering with or abusing any aspect of the Services, or who Moon Gaming
believes to be causing malfunction, error, disruption, or damage will be disqualified and permanently
banned from the Services, and Moon Gaming may suspend, deactivate, disable, terminate or delete
such Player’s Account and all related information and files, including any Stars and/or Virtual Items
relating to the Account.
11. Limitation of Liability
To the fullest extent permitted by law, you agree to release and hold harmless Moon Gaming, as well
as its subsidiaries, affiliates, affiliated merchants, suppliers, promotional partners, advertising and
promotional agencies, and agents or representatives, including without limitation all directors officers,
agents, and employees (collectively the “Released Parties”) from any and all claims, liabilities, losses
or damages whatsoever arising from use or in connection with the use of our Services, purchases,
subscription, or from third parties, or the awarding, receipt, acceptance, possession and/or use or
misuse of any Prize, Stars, or Virtual Items, and you further acknowledge that none of the Released
Parties have made or are responsible or liable for any warranty, representation or guarantee
concerning the Services. Without limiting the foregoing in any way, the Released Parties are not
responsible for, and you hereby waive all rights to claim for, any of the following, whether or not the
circumstances giving rise to such act, omission, or cause may have been caused by, foreseeable by,
or within the control of any of the Released Parties: (a) incomplete, mutilated, altered, reproduced,
inadequate, forged, counterfeited or irregular entries (which Moon Gaming may determine are void);
(b) lost, late, delayed, illegible, inaudible, stolen, damaged, corrupted, altered, destroyed, forged,
counterfeited, inadequate, mutilated, misdirected, illegal, or incomplete data, Claim Forms, User
Generated Content, or Prize claims; (c) lost, interrupted or unavailable network, server, Internet
Service Provider (ISP), Website, Application, or other connections, availability or accessibility or
miscommunications or failed computer, router, modem, satellite, telephone or cable transmissions,
lines, or technical failure or jumbled, scrambled, delayed or misdirected transmissions or computer
hardware or software typographical, mechanical, telephonic, electronic or network relating to or in
connection with the Services, Application, any Daily Promotion Period or Tournament, including,
without limitation, errors which may occur in connection with the Application or the administration of
Services, any Daily Promotion Period or Tournament, the announcement of Prizes or in any
promotion- related materials, and any subscriptions or purchases, which may result in the loss of Stars
or Virtual Items, or the receipt of or use of Stars or Virtual Items; or (d) any incorrect or inaccurate
information, whether caused by users or any third party, tampering, cheating, hacking or by any
equipment, programming or software associated with or utilized in the performance of any Services To
the fullest extent permitted by law, whether or not you complete a Claim Form, you consent to the use
of your username, name, image, voice, likeness, city and state of residence and/or photographs
without compensation in any publicity or advertising carried out in any medium worldwide by Moon
Gaming and/or its promotional partners, advertising or promotional agencies or sublicensees without
limitation or further notification, and without providing compensation or intellectual property rights to
the you, except where prohibited. Moon Gaming may utilize any entry in any Tournament for
promotional purposes, advertising, and other promotional tools in perpetuity without. compensation of
any kind to any Player or any Entrant.
‍
MOON GAMING SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF
ANY TOURNAMENT, VIRTUAL ITEMS, OR ANY OF OUR OTHER SERVICES, INCLUDING
DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT
PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISEDOF THE POSSIBILITY OF THESE DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE
ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENSE TO USE VIRTUAL ITEMS OR ANY
OTHER PART OF OUR SERVICES, OR IN CONNECTION WITH ANY PURCHASE. SOME STATES
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE
EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR
EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO
JURISDICTION.
‍
12. Intellectual Property Rights
You acknowledge that all copyright, trademarks, trade dress and other intellectual property rights in
and relating to our Services is owned by us or licensed to us. Subject to your compliance with these
Terms, and further subject to Moon Gaming’s copyright policy, which can be found here: [insert
hyperlink to copyright policy], we grant you a non-exclusive, non-transferable, personal, revocable
limited license to access and/or use our Services (but not any related object and source code) for your
own personal private use, in each case provided that such use is in accordance with these Terms.
These Terms also apply to any update or patches, which we may release or make available for any of
the Services and any such update or patch shall be deemed part of the Services for the purposes of
these Terms.
YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN THE LIMITED USAGE LICENSE
GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY
INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY STARS OR
VIRTUAL ITEMS.
By submitting User Generated Content, you:
 Are representing that you are fully entitled to do so;
 Grant us and our promotional partner, affiliate, or advertiser a worldwide, irrevocable,
unlimited, perpetual, royalty-free, transferable, fully-paid right and license to use, exploit, copy,
transmit, publish, display, store, create derivate works from, and sub-license the User
Generated Content in any media now known or hereafter devised;
 Agree to waive any such moral or economic rights you may have in the User Generated
Content; and
 Agree that we have no obligation to monitor or protect any rights which you may or may not
have in any User Generated Content that you may submit to us.
13. Indemnification
You agree to indemnify, defend and hold harmless Moon Gaming and Released Parties from and
against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from
(a) your posting of User Generated Content, (b) your negligence or misconduct in connection with your
participation in any Tournament, or use or misuse of the Services, (c) your receipt of any Prize, and (d)
your breach of these Terms or a breach by any other person accessing the Services or using your
Account.
14. User Representations
You represent and warrant that, if you participate in Tournaments in any way, you are an Eligible
Person, and that you possess the legal right and ability to enter into these Terms and participate in the
Tournaments in accordance with these Terms. Each Player agrees to be responsible for his/her use of
the Services and to comply with his/her responsibilities and obligations as stated in these Terms.Each Player represents and warrants to Moon Gaming that all information supplied to Moon Gaming is
complete, accurate and current, and agrees that knowingly submitting incomplete or inaccurate
information, or failing to update and maintain current, complete and accurate information, may result,
in Moon Gaming’s sole discretion, among other things, in refusal of service, suspension, deactivation,
disabling, termination or deletion Player’s Account and all related information and files, including any
Stars, Virtual Items, or any User Generated Content relating to such Player’s Account, or termination
of such Player’s rights to use or participate in the Services, forfeiture of any Prize, or taking any other
action permitted by law or these Terms.
You represent and warrant compliance with all applicable laws. You further acknowledge that certain
jurisdictions’ rules, regulations, and laws addressing promotions, sweepstakes, and contests may
apply to participation in the Tournaments (“Gaming Laws”), and that Gaming Laws are established by
each individual state, country, territory, or jurisdiction. Moon Gaming’s Services are not intended for
any Players located in any state or jurisdiction in which participation may violate Gaming Laws or any
other applicable laws (each such jurisdiction, a “Prohibited Jurisdiction”), and if you are located in
any Prohibited Jurisdiction, you may not participate in the Services. It is your responsibility to
determine whether the state or jurisdiction in which you are located is a Prohibited Jurisdiction. Moon
Gaming reserves the right (but has no obligation) to monitor the location from which you access your
Account and/or participate in any Tournament, and Moon Gaming may block access from any
Prohibited Jurisdiction. Each time you participate in a Tournament, you represent and warrant that you
are not participating from a Prohibited Jurisdiction. You are solely responsible for compliance with all
applicable laws. Access to an Account and/or participation in any aspect of the Tournaments may not
be legal for some or all residents of, or persons present in, certain jurisdictions.
PARTICIPATION IN ANY ASPECT OF THE TOURNAMENTS, INCLUDING, BUT NOT LIMITED TO,
RECEIPT OF PRIZES, IS VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS.
Without limiting the generality of anything else herein, Player’s participation in the Tournaments is at
Player’s own risk, and Player agrees not to hold Moon Gaming responsible or liable if applicable
laws restrict or prohibit Player’s access or participation.
15. Subscription Packs and Virtual Items
Moon Gaming offers Players the ability to buy Subscription Packs, which grant enable the Players
ability to customize and/or enhance their gameplay experience through the purchase of digital avatars
and/or other virtual items, including, but not limited to, costumes, crowns, words, and/or other
accessories (collectively “Virtual Items”). Virtual Items can be either temporary (e.g. last 24 hours to a
month) or permanent, as indicated on a case-by-case basis. You acknowledge that the purchase of
any Virtual Item is not a purchase of interest in and to any real or tangible property, but only the
purchase of a limited, personal, revocable, non-transferable, non-sub-licensable license solely to use
such Virtual Item within the Services and in accordance with these Terms. Virtual Items do not impact
Tournament gameplay and are provided for entertaining and amusement purposes only. Purchase of
any Virtual Item is subject to availability as determined by Moon Gaming in its sole discretion. Moon
Gaming reserves the right to modify, amend or revise the Virtual Items made available.
In addition to Virtual Items, Moon Gaming provides Players Stars that can be used to enter
Tournaments. Stars are not real money, and do not have monetary value. STARS ARE OBTAINED
FOR FREE AND PURCHASE OF ANY VIRTUAL ITEM IS NOT REQUIRED TO PLAY OR TO
EXTEND GAMEPLAY OF ANY TOURNAMENT. STARS ARE NOT AVAILABLE FOR PURCHASE.
Players can use Stars to enter a Tournament during a Daily Promotion Period, subject to these Terms.
Players may have an opportunity to win Prizes and/or Stars by participating in a Tournament. Players
have no property interest, ownership, right or title in or to any Stars. Any Stars balance shown in an
Account does not constitute a real-world balance or reflect any stored value, but instead constitutes anapproximate measurement of the extent of your ability to enter Tournaments, subject to these Terms
and/or our Rules. Moon Gaming may, at any time and in its sole discretion, cancel, expire, or delete
free or promotional Stars given to Players. Players agree that under no circumstances shall Moon
Gaming be liable to Players or anyone else for any damages or claims that may arise from the loss or
use of Player’s Stars or any Virtual Item regardless of the circumstances. Players absolve Moon
Gaming and the Released Parties of any responsibility to maintain or update their Stars balance in
their Account. However, if there is a loss of Stars in any Player’s Account due to technical or
operational problems with the Services, Moon Gaming may, in its sole discretion, replace some or all
of the lost Stars, if possible, once the loss has been verified. Without limiting any of the foregoing or
any other clause or provision in these Terms, in the event of lost Stars, Moon Gaming’s maximum
liability or responsibility to you is the entirely discretionary replacement of the lost Stars, which have no
real-world value. You acknowledge that Stars and Virtual Items are not forms of real currency, or
currency that can be exchanged for or converted into real-world currency or monetary value. Stars and
Virtual Items cannot be assigned, transferred, auctioned, bartered, brokered, used to engage in any
gambling activity, or sold by Players or persons within the Application, Website, or through any
secondary market. Any Stars or Virtual Items obtained in this manner by any person or entity will be
considered to have been fraudulently obtained and deemed void, and any Prize subsequently won or
otherwise obtained directly or indirectly as a result of, or following the use of, such Stars shall be null
and void and immediately deemed to be forfeited.
You represent and warrant that you are the lawful owner of any payment method used by you to make
any purchase(s) via the Website, Application, and/or Services. It shall be a violation of these Terms to
use any payment method that is not owned by you. We reserve the right to suspend and/or terminate
your Account without notice upon being notified that any purchase associated with your Account is
charged back and/or was not made in the name of the person registered to the Account. Player must
comply with any individual limitations as indicated via the Services, our Rules, or these Terms.
‍
16. Third Party Links
Moon Gaming may link to third party websites or services from our Website, Application, and/or
Services, or include third-party video or advertisements in or through our Website, Application, and/or
Services. You understand that we make no promises regarding any content, goods, or services
provided by such third parties and we do not endorse any such third-party content, goods, or services.
We are not in any way, shape, or form responsible to you in relation to any losses or harm caused by
such third parties. Any charges you incur in relation to those third parties are your own responsibility.
17. No Assignment
You may not assign or delegate any of your rights, interests, or obligations hereunder, whether by
operation of law or otherwise, without the prior written consent of Moon Gaming. Moon Gaming may
assign and delegate these Terms to an affiliate or to any successor in the event of a merger,
acquisition, or other change in control, or for any other reason, without notice or consent. These Terms
shall bind and inure to the benefit of the parties and their respective successors and permitted
assigns.
18. Entire Agreement
These Terms set out the entire agreement between you and us concerning your use of the Services.
19. Severability
If any part of these Terms is held to be invalid or unenforceable under any applicable laws or by an
applicable court or competent and final jurisdiction, such part shall be interpreted in a manner
consistent with applicable law to reflect as nearly as possible our original intentions and the remainderof these Terms shall remain valid and enforceable. If it is not possible to interpret an invalid or
unenforceable part of these Terms in a manner consistent with applicable law, then such part shall be
deemed deleted from these Terms without affecting the remaining provisions of these Terms.
20. No Waiver
Our failure to exercise or enforce any of our rights under these Terms does
not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in
writing and signed by us.
21. Governing Law and Arbitration
These Terms and all claims related to it, its execution, or the performance of the parties under it, shall
be construed and governed in all respects according to the laws of the Province of Ontario without
regard to the conflict of law provisions thereof. You waive any right you may have to start or participate
in, and agree to opt out of, any class action or other representative proceeding against Moon Gaming
arising from or relating to the Website, the Application, the Services, and/or any of Moon Gaming’s
policies and terms. Any controversy or claim alleged or commenced by you arising out of or relating to
the Website, the Application, the Services, and/or any of Moon Gaming’s policies and terms shall be
settled by binding arbitration in accordance with the commercial arbitration rules of the ADR Institute
of Canada (ADRIC) before a single arbitrator. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any
other party. The arbitration shall be conducted in Ontario. The arbitrator shall not have the authority,
power, or right to alter, change, amend, modify, add, or subtract from any provision of these Terms.
The arbitrator shall have the power to issue mandatory orders and restraining orders in connection
with the arbitration. The award rendered by the arbitrator shall be final and binding on the parties, and
judgment may be entered thereon in any court of competent jurisdiction. You may opt-out of the above
agreement to arbitrate by contacting us at [hello@moonpoker.com] within thirty (30) days following
registration of your Account. Any attempts to opt-out of this agreement to arbitrate after thirty (30) days
shall be void. Moon Gaming may seek any interim or preliminary relief from a court of competent
jurisdiction necessary to protect Moon Gaming’s rights or property, in addition to any other relief or
action which may be necessary in Moon Gaming’s sole discretion pending the completion of any
arbitration.