Please read these Terms of Service (this “Agreement” or these “Terms”) carefully because they govern your use of the website located at mon.co and the content and functionalities accessible via the website (collectively, the “Platform”) offered by MON CO.(“we,” “us” or “our”).
This Agreement hereby incorporates by this reference any additional terms and conditions with respect to the Platform posted by us to the Platform, or otherwise made available to you.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
General Agreement
By accessing or using the Platform, you agree that you have read, understood and accept all of the terms and conditions contained in this Agreement as well as our privacy policy posted by us to the Platform or otherwise made available to you (the “Privacy Policy”). You also represent that you are 18 years or older and have the legal authority to accept these Terms on behalf of yourself and any party you represent in connection with your use of the Platform.
We may, in our sole and absolute discretion, without liability to you or any third-party, refuse to let you use the Platform. Such actions may be taken as a result of a number of factors, including, without limitation, legal or regulatory requirements or demand, our discretion or your violation of the terms of this Agreement. We may also temporarily suspend your access to the Platform due to any technical problems, within or outside of our control.
For purposes of this Agreement, “Affiliates” means our parents, subsidiaries, affiliates, and service providers, and each of their and our respective licensees, successors and assigns.
Jurisdiction
For purposes of all transactions that may occur on or through the Platform that involve or otherwise relate to MON tokens or any other virtual asset, you agree that irrevocable liability is incurred and that title is transferred (in each case if at all) with respect to such transactions and that all other conducts and effects of such transactions occur solely within the British Virgin Islands and not in any other jurisdiction, regardless of where you may place orders, send payments, connect or sign digital wallets or otherwise interact with the Platform.
License
We grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right and license to access and use the Platform solely in strict compliance with the provisions of this Agreement and as permitted by the functionalities of the Platform available to you.
Acceptable Use
In connection with your use of the Platform, you will not:
- Restrict, discourage, or inhibit any other person from legal use of the Platform;
- Remove any copyright, trademark or other proprietary rights notices from the Platform;
- Repost, delete, or alter any content or material that Pixelmon makes available on the Platform;
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Platform except as expressly authorized herein, without Pixelmon’s express prior written consent;
- Frame or mirror any portion of the Platform, or otherwise incorporate any portion of the Platform into any product or service, without our express prior written consent;
- Systematically download and store content from the Platform;
- Use the Platform in an unauthorized manner, including collecting names, email addresses or other personal information of users by electronic or other means for the purpose of sending unsolicited communications;
- Reverse engineer, decipher, decompile or disassemble any portion of the Platform, unless such restriction is expressly prohibited by applicable law;
- Engage in any attack, hack, denial-of-service attack, interference, or exploit of any smart contract;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure or detrimentally interfere with, intercept or expropriate any system, data or information;
- Post, transmit or otherwise make available through or in connection with the Platform any virus, worm, Trojan horse, Easter egg, time bomb, spyware, ransomware, malware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
- Otherwise attempt to gain unauthorized access to or use of the Platform, nodes, or computer systems connected to the Platform;
- Engage in any behavior which violates this Agreement or is otherwise deemed unacceptable by us in our sole discretion; or
- Use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather content on the Platform (including Submissions) or reproduce or circumvent the navigational structure or presentation of the Platform, without Pixelmon’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with applicable law and any instructions posted in the robots.txt file located in the Platform’s root directory, we grant to the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Pixelmon reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
Interactive Features
The Platform may provide interactive features such as text and voice chat capabilities for you to engage with other users. Without limitation, your use of the chat capabilities may not:
- Contain any messages or material that is obscene, lewd, lascivious, filthy, violent, harassing, disparaging, abusive, libelous, slanderous or otherwise objectionable (as determined by us or under applicable law);
- Promote sexually explicit or pornographic material, including, without limitation, child pornography;
- Contain any messages or material that is used to threaten any other person or to promote violence against a specific person or class of people or intended to negatively affect the well-being of minors;
- Contain any messages or material that is discriminatory based on race, gender, religion, nationality, disability, sexual orientation or age;
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;
- Promote any illegal activity or advocate, promote or assist any unlawful act;
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- Impersonate any person or misrepresent your identity or affiliation with any person or organization; or
- Give the impression that they emanate from or are endorsed by us, our Affiliates or any other person or entity.
Reservation of Rights
We reserve the right to bar any use of the Platform, for or with, any user with or without cause, at any time, subject to any limitations imposed by applicable law. We also reserve the right to actively monitor the use of the Platform (but have no obligation to do so), both on our own servers and on your computer or device, for a wide variety of different purposes, including preventing cheating and hacking, reducing toxic player behavior, and improving the Platform. Please be sure to read our Privacy Policy for important details about how we obtain and process info in connection with your use of the Platform.
Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Pixelmon, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The MON CO. name and all related names, logos, product and service names, designs and slogans (collectively, “branding”) are trademarks of us and our Affiliates. You must not use any branding without our prior written permission. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners. We own and reserve all rights, title and interest in and to the Platform, and all data and content posted, generated, provided or otherwise made available in or through the Platform.
Indemnification and Release
Neither we nor our Affiliates, including each of our and their respective officers, directors, agents, joint venturers, employees or representatives (collectively, the “Released Parties”), are liable for any damages that may arise out of or in connection with your use of the Platform. This includes, but is not limited to, claims, applications, injuries, delays, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential or incidental damages. In addition, the Released Parties are not liable for any losses incurred, either directly or indirectly through your use of the Platform (collectively, all of the foregoing items shall be referred to herein as “losses”). The Released Parties are hereby released by you from liability for any and all losses. These limitations of liability apply whether the liability or losses are based on negligence, contract, tort, or any other basis, even if the Released Parties had been advised or should have known of the possibility of such losses.
You agree to indemnify and hold the Released Parties harmless from any claim or losses (including attorneys’ fees and any losses, fines, fees, or penalties imposed by any regulatory authority) arising out of your breach of this Agreement or your violation of any law or regulation.
If you have a dispute with one or more users or other third-parties, you release the Released Parties from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR OR THEIR EMPLOYEES, AGENTS, ATTORNEYS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM OR ANY WEBSITES LINKED TO THE PLATFORM, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD OR INTENTIONAL MISREPRESENTATION.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORM AND ANY CONTENT IS AT YOUR SOLE RISK. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER WE NOR OUR AFFILIATES MAKE ANY WARRANTY, EITHER EXPRESS OR IMPLIED, ABOUT THE PLATFORM. THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PIXELMON NOR ITS AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, PIXELMON AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE PLATFORM OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS IN INFORMATION OR MATERIALS ON THE PLATFORM, AND PIXELMON MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION OR MATERIALS. WE PROVIDE NO GUARANTEES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA. PIXELMON EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OR MATERIALS CONTAINED ON THE PLATFORM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES ALSO DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
We do not guarantee continuous, uninterrupted or secure access to any part of the Platform, and operation of our Platform may be interfered with by numerous factors outside of our control, including regulatory reasons and issues with the Platform. We will make reasonable efforts to ensure that transactions are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete transactions.
Data Privacy
You acknowledge that we may process personal information in relation to you (if you are an individual), and personal information that you have provided or in the future provide to us in relation to your employees and other associated or other individuals, in connection with this Agreement or use of the Platform. You represent and warrant that any personal information relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and that data is accurate at the time of disclosure. You further represent and warrant that before providing any such personal information to us, you have read and understood our Privacy Policy, and, in the case of personal information relating to an individual other than yourself, have (or will at the time of disclosure have) provided a copy of that Privacy Policy, to that individual.
By accessing or using our Platform, you consent to the processing, transfer and storage of information about you in and to the United States, European Union, United Kingdom and other countries, where you may not have the same rights and protections as you do under local law.
All information we collect on the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy. Please note that it is our policy to comply with all facially valid subpoenas, court orders or binding orders issued to us by law enforcement agencies and other government authorities. This may affect your access to your account. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our compliance with applicable law, the guidance or direction of any regulatory authority or government authority, or any writ of attachment, lien, levy, subpoena, warrant, or other legal order.
Feedback
If you choose to provide us with input, evaluations, comments and/or suggestions (collectively, “Feedback”) regarding the Platform, you acknowledge and agree that any Feedback provided to us by you hereunder shall be deemed to be our property. You hereby assign all right, title and interest in and to such Feedback to us and acknowledge that we will be entitled to, without limitation, implement and exploit any such Feedback in any manner without any restriction, credit, attribution, fees, or obligation. Notwithstanding the foregoing, you acknowledge that we are not obligated to act on any such Feedback.
Dispute Resolution
Before filing a claim against us, you agree to try to resolve the dispute informally by sending us notice at legal@liquidx.studio of your name, a description of the dispute and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal arbitration proceeding. Any statute of limitations will be tolled during the 60-day resolution process.
Governing Law and Venue
This Agreement shall be governed by and construed and enforced in accordance with the laws of the British Virgin Islands, without giving effect to the conflict of laws principles thereof. Except as provided in the “Dispute Resolution” section, all claims arising out of or relating to these Terms will be brought exclusively in the courts located in the British Virgin Islands, and you waive any objection to jurisdiction and venue in such courts.
Arbitration
You agree to arbitrate any dispute arising from these Terms or your use of the Platform. Arbitration prevents you from suing in court, litigating through a class action lawsuit or from having a jury trial.
In addition, you agree:
- To make reasonable attempts for resolution of any disputes or issues prior to any demand for arbitration as outlined in the “Dispute Resolution” section;
- That any arbitration will be conducted confidentially by a single arbitrator, selected by the American Arbitration Association;
- That selection of the arbitrator shall be made in accordance with the Rules of the American Arbitration Association, and the arbitrator’s decision shall be final and binding in all respects;
- That arbitration proceedings initiated pursuant to this Agreement shall be conducted in accordance with the Rules of the American Arbitration Association;
- That the arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim;
- That the arbitrator has the authority to grant any remedy that would otherwise be available in court;
- That the arbitrator shall decide what is subject to arbitration, unless prohibited by law;
- That the parties shall split the costs and expenses of any arbitration and bear their own legal costs and expenses; and
- That the state and federal courts in San Francisco, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration and agree not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, or that such suit, action or proceeding is improper.
Class Action and Private Attorney-General Action Waiver
Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated or representative proceeding.
BY USING THIS SITE AND AGREEING TO THESE TERMS, YOU HEREBY WILLINGLY, EXPRESSLY AND KNOWINGLY WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS ARBITRATION OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE PLATFORM. YOU MAY NOT BRING ANY CLAIM, SUIT OR OTHER PROCEEDING TO ENFORCE THESE TERMS AS THE MEMBER OF ANY CLASS OR AS PART OF ANY SIMILAR COLLECTIVE OR CONSOLIDATED ACTION.
Termination and Suspension
These Terms are effective until terminated by us. We have the right, in our sole and absolute discretion, to terminate your access to the Platform, or any part thereof, immediately at any time. We also have the right, in our sole and absolute discretion, to restrict, suspend or terminate your access to all or any part of the Platform or Service, or to terminate this Agreement at any time without prior notice or liability if you breach any provision of this Agreement or violate the rights of any third-party on or through the Platform. We reserve the right to change, suspend or discontinue all or any part of the Platform at any time without prior notice or liability.
We are not liable to you or any third-party for termination of your access to the Platform, or any part thereof. If you object to any of the requirements, statements or obligations of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Platform in any way, your only recourse is to immediately discontinue use of the Platform. Upon termination of these Terms, you will cease all use of the Platform.
Equitable Remedies
You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to us and our affiliates, and we shall have the right to seek injunctive relief against you in addition to any other legal remedies.
Relationship of the Parties
Nothing contained in these Terms shall create or imply an agency relationship between you and us, nor shall these Terms be deemed to constitute a joint venture or partnership between you and us. You acknowledge and agree that you have no authority to make commitments or enter into contracts on behalf of, bind or otherwise oblige us.
Force Majeure
We shall have no liability for any failure or delay resulting from any abnormal or unforeseeable circumstances outside our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including without limitation governmental action or acts of terrorism, war, earthquake, fire, flood, or other acts of God, labor conditions, delays or failures caused by problems with another system or network, mechanical breakdown or data-processing failures or where we are bound by other legal obligations.
Third-Party Disputes
ANY DISPUTE YOU HAVE WITH ANY THIRD-PARTY, INCLUDING, BUT NOT LIMITED TO, OTHER USERS, IN CONNECTION WITH YOUR USE OF THE PLATFORM IS DIRECTLY BETWEEN YOU AND SUCH THIRD-PARTY. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (DIRECT, INDIRECT AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Assignments
This Agreement will inure to the benefit of our successors and assigns. We may assign this Agreement, including all our rights hereunder, without restriction. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void.
Amendments
We reserve the right to change this Agreement at any time upon notice. We may give notice by posting the updated Agreement on the Platform or by any other reasonable means. You can review the most current version of this Agreement at any time. This Agreement in effect at the time of your use of the Platform apply. Updated versions of the Agreement are binding on you with respect to your use of the Platform on or after the date indicated in the updated Agreement. If you do not agree to the updated Agreement, you must stop using the Platform. Your continued use of the Platform after the date of the updated Agreement will constitute your acceptance of the updated Agreement.
Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to our intentions as reflected in such provision, and the other provisions of these Terms remain in full force and effect.
Survival
The respective indemnities, representations, warranties and agreements of the parties hereto or made by or on behalf of the parties hereto pursuant to this Agreement will survive the termination of this Agreement indefinitely and will remain in full force and effect and all defined terms used therein will survive the termination of this Agreement indefinitely.
Waiver and Conflict
No waiver of by us of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Third-Party Rights
This Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and us and any affiliates which each shall be a third-party beneficiary of this Agreement, and no other person shall assert any rights as a third-party beneficiary hereunder.
Entire Agreement
This Agreement and the Privacy Policy constitute the sole and entire agreement between you and us with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.
Questions & Comments
If you have any questions or comments about these Terms, please contact us at legal@liquidx.studio.
