Terms of Service
Last updated: July 2, 2020
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING OUR MACHINE, WEBSITE, OR RETAIL STORE SERVICES YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.
Summary of Terms of Service
This summary of our Terms of Service offers you an overview of the key terms that apply to your use of our website, machine or retail store services. While we hope this summary section is helpful, you should read the complete Terms of Service below since they provide important information about how our services work. Please note that we refer to our online website or retail locations where you can convert cash to and from bitcoin as “LibertyX“.
LibertyX provides you with a simple and convenient way to trade legal tender (such as U.S. dollars and Euros) for digital assets (such as bitcoin). You may also use our Services to purchase digital assets directly from and to us. Our services do not provide users with the ability to trade one form of legal tender for another form of legal tender.
Eligibility and Acceptable Use
You must meet certain eligibility criteria to use LibertyX. For instance, you must be an adult and there are certain locations from which you may not be able to use some or all of LibertyX. Additionally, there are certain things you cannot do when using LibertyX, such as engage in illegal activities, lie, or do anything that would cause damage to our services or systems. Please see the acceptable use section for more details.
Owning digital assets may be risky. Please don’t use LibertyX if you do not understand these risks.
Other Important Legal Terms
There are important legal terms provided below in the complete Terms of Service, including your indemnification responsibilities, our limitation of liability and warranty disclaimers, and your agreement to arbitrate most disputes. Please take the time to read these terms carefully. You can always contact us if you have any questions by emailing us at: [email protected]
Complete Terms of Service
These Terms of Service and any terms expressly incorporated herein (“Terms“) apply to your access to and use of the websites, machines, and retail store services provided by Moon Inc. and its wholly owned subsidiaries (collectively, “Moon”, “LibertyX“, “we“, or “us“), and the conversion services provided by Moon Inc. as described in these Terms (collectively, our “Services“).
1. KEY DEFINITIONS
Capitalized terms not otherwise defined in these Terms will have the following meaning:
1.1 “Funds” means Digital Asset and/or Legal Tender.
1.2 “Legal Tender” or “Fiat Currency” means any national currency, such as U.S. dollars, that may be used in connection with a purchase of Digital Assets via the Services, and does not include any Digital Asset.
1.3 “Digital Asset” or “Virtual Currency” means bitcoin and other virtual currencies that may be purchased, sold or traded via the Services.
1.4 “Machine” means any bitcoin dispensing system
2.1 Moon Inc. (“Moon” or “Company”) may not make the Services available in all markets and jurisdictions, and may restrict or prohibit use of the Services from certain U.S. states or foreign jurisdictions (“Restricted Locations“). If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.
You further represent and warrant that you: (a) are over the age of eighteen and of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are not located in, under the control of, or a national or resident of (i) any Restricted Locations, or (ii) any country to which the United States has embargoed goods or services; (e) are not identified as a “Specially Designated National;” (f) are not placed on the Commerce Department’s Denied Persons List; and (g) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.
4. GENERAL OBLIGATIONS
This Section 5 applies to: (i) all conversions completed via the Services and (ii) your purchase of Digital Assets directly from Moon Inc. via the Services.
4.1 Conditions and Restrictions. We may, at any time and in our sole discretion, refuse any requested conversion submitted via the Services, impose limits on the conversion amount permitted via the Services or impose any other conditions or restrictions upon your use of the Services without prior notice. For example, we may limit the aggregate number or value of transactions that you may establish via the Services or we may restrict conversions from certain locations.
4.2 Accuracy of Information. You must provide any information required when prompted by any screen displayed within the Services or person providing the Services. You represent and warrant that any information you provide via the Services is accurate and complete.
4.3 Cancellations You may only cancel an order initiated via the Services if such cancellation occurs before Moon Inc. executes the transaction. Once your order has been executed, you may not change, withdraw or cancel your authorization for Moon Inc. to complete such transaction. We reserve the right to refuse any cancellation request associated with a conversion request once you have submitted such order. While we may, at our sole discretion, reverse a conversion under certain extraordinary conditions, a customer does not have a right to a reversal of a conversion.
4.4 Taxes. It is your responsibility to determine what, if any, taxes apply to the trades you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that Moon Inc. is not responsible for determining whether taxes apply to your conversions or for collecting, reporting, withholding or remitting any taxes arising from any conversions.
This Section applies only when you use the Services to trade Legal Tender for Digital Assets.
5.1 Authorization. When you submit a new order via the Services, you authorize Moon Inc. to execute a transaction in accordance with such order on a spot basis and charge you any applicable fees (as described in Section 8 below).
5.2 Independent relationship. You acknowledge and agree that: (a) Moon Inc. is not acting as your broker, intermediary, agent, or advisor or in any fiduciary capacity, and (b) no communication or information provided to you by Moon Inc. shall be considered or construed as advice.
5.3 Conversion confirmation. Once the Services execute your trade, a confirmation will be electronically made available via the Services detailing the particulars of the conversion. You acknowledge and agree that the failure of the Services to provide such confirmation shall not prejudice or invalidate the terms of such trade.
5.5 Market volatility. Particularly during periods of high volume, illiquidity, fast movement or volatility in the marketplace for any Digital Assets or Legal Tender, the actual market rate at which a market order or trade is executed may be different from the prevailing rate indicated via the Services at the time of your order or trade. You understand that we are not liable for any such price fluctuations. In the event of a market disruption or Force Majeure event (as defined in Section 24), Moon Inc. may do one or more of the following: (a) suspend access to the Services; or (b) prevent you from completing any actions via the Services. Following any such event, when trading resumes, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event.
6. RISK DISCLOSURE
6.1 Conversion risks. You acknowledge and agree that you shall access and use the Services at your own risk. The risk of loss in converting between Digital Asset and Legal Tender pairs can be substantial. You should, therefore, carefully consider whether such conversion is suitable for you in light of your circumstances and financial resources. You should be aware of the following points:
You may sustain a total loss of the value of the Digital Assets you acquired using the Services. Under certain market conditions, you may find it difficult or impossible to convert your Digital Assets. 6.2 Internet transmission risks. You acknowledge that there are risks associated with utilizing an Internet-based conversion system including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that Moon Inc. shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when trading via the Services, howsoever caused.
6.3 Government risks. Virtual Currency is not legal tender, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections; legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of Virtual Currency.
6.4 Irreversibility risk. Transactions in Virtual Currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. If purchasing something with virtual currency recommend waiting for at least one confirmation (10 minutes) for medium-value transactions, and six confirmations (~1 hr) for high value transactions. This type of risk is similar to that of a bank wire, but with greater visibility to the real-time status. The irreversibility of Virtual Currency may lead to an increased risk of fraud or cyber attack.
6.5 Recordkeeping risk. Some Virtual Currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction. If determining when a transaction was broadcasted and propagated is important to you, run a full node and keep adequate logs.
6.6 Volatility risk. The value of Virtual Currency may be derived from the continued willingness of market participants to exchange Fiat Currency for Virtual Currency, which may result in the potential for permanent and total loss of value of a particular Virtual Currency should the market for that Virtual Currency disappear. The volatility and unpredictability of the price of Virtual Currency relative to Fiat Currency may result in significant loss over a short period of time.
6.7 Acceptance risk. There is no assurance that a Person who accepts a Virtual Currency as payment today will continue to do so in the future.
6.8 Technical difficulties risk. Any technological difficulties experienced by the Licensee may prevent a customer from being able to purchase virtual currency using the service.
6.9 Bonding risk. Any bond or trust account maintained by the Licensee for the benefit of its customers may not be sufficient to cover all losses incurred by customers.
7. DIGITAL ASSET TERMS OF SALE
This Section applies only when you use the Services to purchase Digital Assets directly from Moon Inc.
7.1 Prices; Availability. All prices reflect the exchange rates applicable to the purchase of Digital Assets using the Legal Tender or alternative form of Digital Assets identified in your purchase order. All Digital Asset sales by Moon Inc. are subject to availability, and we reserve the right to discontinue the sale of Digital Assets without notice.
7.2 Purchase Quotes. Prior to completing your purchase of Digital Assets from Moon Inc., we will provide notice of the amount of Digital Assets you intend to purchase and the amount of Funds you will be required to pay to Moon Inc. to receive such Digital Assets or Legal Tender. You agree to comply with any terms and conditions provided within such notice to complete your purchase transaction.
7.3 Errors. In the event of an error, whether via our Services, in a purchase order confirmation, in processing your purchase, or otherwise, we reserve the right to correct such error and revise your purchase transaction accordingly (including charging the correct price) or to cancel the purchase and refund any amount received.
7.4 Payment Method. Only valid payment methods specified by us may be used to purchase Digital Assets. By placing an order to purchase Digital Assets from Moon Inc., you represent and warrant that (a) you are authorized to use the designated payment method and (b) you authorize us, or our payment processor, to charge your designated payment method. If the payment method you designate cannot be verified, is invalid or is otherwise not acceptable, your purchase order may be suspended or cancelled automatically. You agree to resolve any problems we encounter in order to proceed with your purchase order.
7.5 No Returns or Refunds. All sales of Digital Assets by Moon Inc. via the Services are final. We do not accept any returns or provide refunds for your purchase of Digital Assets from Moon Inc., except as otherwise provided in these Terms. You are responsible for any unauthorized transactions.
7.6 Recordkeeping. Your account will have a Transactions tab that will keep a record of your purchases. Each transaction record will include the amount of the transaction, fees, the exchange rate, the type of virtual currency transaction, the time, the date, a description of miner confirmations, and other disclosures and descriptions that clarify the details of the transaction. The transaction tab will have a link to support, where you can get any remaining questions answered, including about our refund policy, and complaints registered.
7.7 Redemption Expiration. You acknowledge and agree to provide your bitcoin wallet address and complete the bitcoin redemption process within 2 business days (Mon-Fri) from time PIN is purchased or the time the store payment is made. * Note: PINs are not available for purchase or redemption in New York State.
8.1 Amount of Fees. You agree to pay Moon Inc. the fees for conversions completed via our Services (“Fees“) as made available online, in-person or in-store. Transactions will be created at the prevailing exchange rate on LibertyX.com and will include fees listed on the store’s page and miner fees listed in our app and on our site. The exchange rate (as set by us), store fees, and miner fees (as set by us) may be changed without notice. Miner fees will fluctuate due to changing network conditions and will be subtracted from bitcoin purchased. You will receive electronic receipts, which detail all fees charged for every transaction. Exchange rates quoted in wallets are sometimes not indicative of exchange rates that the average consumer can secure. The rates published in some wallets are “spot rates” available in large amounts for professional traders transferring between banks.
8.2 Payment of Fees. You authorize us, or our designated payment processor, to charge or deduct your Funds for any applicable Fees owed in connection with conversions you complete via the Services.
9. ACCEPTABLE USE
9.1 When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
9.1.1 Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
9.1.2 Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
9.1.3 Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
9.1.4 Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
9.1.5 Develop any third-party applications that interact with our Services without our prior written consent;
9.1.6 Provide false, inaccurate, or misleading information; and
9.1.7 Encourage or induce any third party to engage in any of the activities prohibited under this Section.
9.1.8 Use our Services to purchase and send bitcoin to an address not controlled (or owned) by yourself.
9.1.9 Use our Services to purchase PINs for individuals other than yourself.
9.1.10 Attempt to circumvent system limits by creating multiple accounts or enlisting others on your behalf.
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding Moon Inc. or our Services that you provide, whether by email, posting through our Services or otherwise (“Feedback“). Any Feedback you submit is non-confidential and shall become the sole property of Moon Inc.. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in this section.
11. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
11.1 Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the Moon Inc. or LibertyX logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Moon Inc. Materials“) are the proprietary property of Moon Inc. or our licensors or suppliers and are protected by U.S. and international copyright laws and other intellectual property rights laws.
11.2 We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the Moon Inc. Materials for your personal or internal business use. Such license is subject to these Terms and does not permit (a) any resale of the Moon Inc. Materials; (b) the distribution, public performance or public display of any Moon Inc. Materials; (c) modifying or otherwise making any derivative uses of the Moon Inc. Materials, or any portion thereof; or (d) any use of the Moon Inc. Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
“Moon Inc.,” “LibertyX,” the LibertyX logo, the Moon Inc. logo, “Liberty Teller”, the Liberty Teller logo and any other Moon Inc. product or service names, logos or slogans that may appear on our Services are trademarks of Moon Inc., in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any trademark, product or service name of Moon Inc. without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product or service name of Moon Inc.. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark, and/or trade dress of Moon Inc. and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
13. THIRD-PARTY CONTENT
In using our Services, you may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook and Twitter links (“Third-Party Content“). We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
14. SUSPENSION; TERMINATION
In the event of any Force Majeure Event (as defined in Section 23.5), breach of this agreement, or any other event that would make provision of the Services commercially unreasonable for Moon Inc., we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice without liability to you, including, for instance, in the event that you breach any term of these Terms. In the event of termination, Moon Inc. will attempt to return any excess Funds not otherwise owed to Moon Inc., unless Moon Inc. believes you have committed fraud, negligence or other misconduct.
15. DISCONTINUANCE OF SERVICES
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
16. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to you.
17. LIMITATION OF LIABILITY
(a) EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL Moon Inc., OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE Moon Inc. MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM Moon Inc., OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Moon Inc.’sRECORDS, PROGRAMS OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Moon Inc. (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, Moon Inc. OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO Moon, Inc. DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
You agree to defend, indemnify and hold harmless Moon Inc. (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
19. APPLICABLE LAW; ARBITRATION
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and Moon Inc. agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Moon Inc. agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Moon Inc. shall be sent to [email protected] You and Moon Inc. further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Boston, Massachusetts; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that the state or federal courts in Boston, Massachusetts have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of the State of Massachusetts and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND Moon Inc. WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
20.1 Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Moon Inc. for the Services or for any other Moon Inc. product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Moon Inc., the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
20.2 Amendment. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice on the homepage of the Site and/or by posting the amended Terms via the applicable Moon Inc. websites and updating the “Last Updated” date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting for any new users of the Services. In all other cases, the amended Terms will become effective for preexisting users upon the earlier of either: (i) the date users click or press a button to accept such changes, or (ii) continued use of our Services 30 days after Moon, Inc. provides notice of such changes. Any amended Terms will apply prospectively to use of the Services after such changes become effective. If you do not agree to any amended Terms, you must discontinue using our Services and contact us to terminate your account.
20.3 Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
20.4 Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
20.5 Force Majeure Events. Moon Inc. shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond Moon Inc.’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Moon Inc.’s reasonable control (each, a “Force Majeure Event“).
20.6 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Moon Inc., including by operation of law or in connection with any change of control. Moon Inc. may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
20.7 Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
20.8 Survival. Sections 2 (Eligibility), 6 (Risk Disclosure), 8 (Fees), 10 (Feedback), 11 (Copyrights), 12 (Trademarks), 13 (Third-Party Content), 16 (Disclaimer of Warranties), 17 (Limitation of Liability); 18 (Indemnity), 19 (Applicable Law; Arbitration) and this Section 20 (Miscellaneous) shall survive any termination or expiration of these Terms.
20.9 Attention customers using Moon’s “Add Cash” features at cash-accepting retailers (e.g. CVS Pharmacy®, Rite Aid) (“Chain Retailers”): Moon is offering a service that allows customers to add cash to its closed loop system. Cash added to a LibertyX account balance cannot be used for any other purpose other than converting to bitcoin using LibertyX Services. Any account balance that is not converted to bitcoin by customer in-app is automatically converted at 8p ET daily. LibertyX account balances are non-transferrable. The “Add Cash” feature is not available in all states. Please use the LibertyX store locator to find participating retailers near you.
20.10 Attention New York residents: To contact Moon Inc. you can reach us by phone: (800) 511-8940, email: [email protected], or live-chat: chat box located at the bottom right of the screen while on libertyx.com. Additionally, you may bring your complaint to the attention of the New York Department of Financial Services, whose contact information is as follows: New York State Department of Financial Services, One State Street, New York, NY 10004-1511, (212) 480-6400, http://www.dfs.ny.gov/.
20.11 Attention Washington state customers: For virtual currency transactions: (i) All fees and charges assessed on a transaction are disclosed on each location’s page and displayed prior to any payment. Additionally, a detailed breakdown of fees can be found on the transaction receipt under your account. (ii) Bitcoin or any virtual/digital currency sold by Moon is not insured or guaranteed by an agency of the United States, such as the federal deposit insurance corporation (FDIC) or the securities investor protection corporation (SIPC) or by private insurance against theft or loss, including cyber theft or theft by other means. (iii) The transfer of virtual currency or digital units is irrevocable without exception. (iv) As bitcoin transactions are irreversible and the customer provides the bitcoin address used for the bitcoin purchase, customer understands Moon has no liability for unauthorized, mistaken, or accidental transfers. (v) The nature of virtual currency may lead to an increased risk of fraud or cyber attack and the consumer’s virtual currency value may be irretrievably stolen. Moon does not ever hold, control or access customers’ bitcoin so it is up to customers to follow best practices to secure their bitcoin and virtual/digital currency holdings.
20.12 Bitcoin on Every Block (“BEB”) promotion: Moon is running a limited time promotion, effective June 22, 2020 through July 31, 2020, whereby fees typically charged to the consumers for converting their LibertyX balance to bitcoin (“Conversion Fee”) are waived for specific retailers. The retailers included in the BEB promotion include CVS Pharmacy® and Rite Aid. The only fees charged to consumers at BEB stores during the promotion will be (i) $4.95 retailer service fee which is paid directly to the retailer when cash is added to their LibertyX accounts and (ii) the customer selected miner fee.
Last updated: June 3, 2020
COLLECTION OF INFORMATION
Information You Provide To Us
We collect information you provide directly to us. For example, we collect information about you when you verify your identity, complete a transaction, fill out a form, respond to surveys, post messages to our forums or wikis or otherwise communicate with us.
The types of information we may collect are as follows:
Contact information, such as your name, mailing address, telephone number, and email address.
Financial information, such as account information.
Government identification numbers, such as your social security number or a state-issued identification number.
Biographic or demographic information, such as your date of birth, gender, occupation, employment status and any other information you choose to provide about yourself.
Information We Collect From Other Sources
We may also obtain information from other sources and combine that with information we collect through the Services. For example, we may collect nonpublic personal information about you from third parties, including identity verification services.
Information We Collect Automatically
When you access or use our Services, we automatically collect information as follows:
Transaction information: we collect information about the transaction you complete via the Services, including the amount of funds associated with a conversion, the types of conversions executed and other transaction information.
Device and Log information: we collect information about the computer or mobile device you use to access the Services, including device identifiers, mobile network information, type of operating system, and the type of browser used. We also log information about your use of the Services, including access times, pages viewed, IP address, other standard web log data, and the page visited before and after navigating to our websites.
USE OF INFORMATION
We may use your information as follows:
Provide the Services and customer support;
Process transactions and send notices about your transactions;
Manage your account(s) and send technical notices, updates, security alerts and support and administrative messages;
Resolve disputes, collect fees, and troubleshoot problems;
Prevent potentially prohibited or illegal activities and enforce our user agreements;
Personalize, measure and improve the Services;
Deliver marketing and promotional offers on behalf of Moon Inc. and others;
Link or combine your personal information with information we obtain from others to help understand your needs and provide you with better service; and
Carry out any other purpose for which the information was collected, to the extent such purpose is necessarily contemplated by the collection of such information or as otherwise notified in the Services at the time of collection.
DISCLOSURE OF INFORMATION
We may disclose any information we collect about you, whether you are a current or former customer, including nonpublic personal information and any other information we collect, to Moon Inc. and with nonaffiliated third parties, which include non-financial companies, such as identity verification, anti-money laundering, terrorism or fraud prevention services. We may make such disclosures:
(1) To service providers that perform marketing or identity verification services on our behalf; and
(2) For our everyday business purposes, such as to process transactions, maintain accounts, respond to court orders and legal investigations or report to credit bureaus. For example, in connection with our everyday business purposes, we may share information about you as follows:
With any party you intend to distribute funds to, or that intends to distribute funds to you, via the Services, including information about whether your account is active and whether the account has been verified. With vendors, consultants and other service providers who need access to your information to carry out work on our behalf. These service providers help with our business operations such as fraud prevention and technology services. When we believe, in our sole discretion, that the disclosure of your information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of or enforce our user agreements or other policies and agreements. In connection with, or during negotiations of, any merger, sale of assets, financing or acquisition or all or a portion of our business to another company. With your consent or at your direction. (3) If we are under a duty to disclose or share your information to comply with our legal obligations.
Other than in connection with a merger, sale of Moon Inc.’s assets, financing or acquisition, we will not sell or rent any of your information to third parties for their own marketing purposes. Please note that third parties that support our customer identification and anti-fraud controls may retain and use information about you to perform services on our behalf and to improve their services. By using our Services, you consent to the retention and use of such information by these providers to improve their services.
We may also share aggregated or de-identified information with our affiliated companies or nonaffiliated third parties, which cannot reasonably be used to identify you.
ANALYTICS SERVICES PROVIDED BY OTHERS
We implement reasonable security practices and procedures to help protect the confidentiality and security of your information, including any nonpublic personal information. We protect your information using reasonable physical, technical and administrative security measures, including by limiting access to your information to employees with a need to know such information.
Location: Our websites and machines may collect precise geolocation information. Cookies: We use both session and persistent cookies. Session cookies expire when you log out of your account or close your browser. Persistent cookies remain on your computer or mobile device until you erase them or they otherwise expire. Most web browsers are set to accept cookies by default. You are free to decline most of our cookies if your browser or browser add-on permits, but choosing to remove or disable our cookies may interfere with your use and functionality of the Services. Additionally, we may use certain persistent cookies that are not affected by your browser settings, but will use such cookies solely for identity verification and fraud prevention purposes. For more information about cookies and how to block, delete or disable them, please refer to your browser instructions. Why can’t I opt out of any sharing? We do not engage in any sharing that would require us to provide you with an ability to opt out of such sharing. For instance, we do not share any information about you with third parties for their own marketing purposes.
ACCESS TO INFORMATION
You have a right to access the information we hold about you. We may ask you to pay a fee before providing you with this information.
CALIFORNIA PRIVACY RIGHTS
In addition to the rights provided for above, if you are a California resident, you have the right to request information from us regarding whether we share certain categories of your personal information with third parties for the third parties’ direct marketing purposes. We do not share your personal information with third parties for direct marketing purposes.
Effective January 1, 2020, pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain rights in relation to their personal information, subject to limited exceptions. Any terms defined in the CCPA have the same meaning when used in this California Privacy Rights section.
For personal information collected by us during the preceding 12 months that is not otherwise subject to an exception, California residents have the right to access and delete their personal information. Moon will not discriminate against those who exercise their rights. Specifically, if you exercise your rights, we will not deny you services, charge you different prices for services or provide you a different level or quality of services.
You can exercise your rights by contacting us via our Support Portal so that we may consider your request.
If you are a California resident, you may designate an authorized agent to make a request to access or a request to delete on your behalf. We will respond to your authorized agent’s request if they submit proof that they are registered with the California Secretary of State to be able to act on your behalf, or submit evidence you have provided them with power of attorney pursuant to California Probate Code section 4000 to 4465. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on their behalf, or are unable to verify their identity.
ANTI-MONEY LAUNDERING AND IDENTITY VERIFICATION POLICY
Last updated: June 3, 2020
Moon Inc. (“Moon” or the “Company”) Anti-Money Laundering (“AML”) Policy and Identity Verification Policy (collectively the “AML Policy”) is designed to articulate Moon’s commitment to detecting, preventing and reporting attempts to use its financial services platform to illegally launder money, to finance illegal activities such as terrorism and drug trafficking, or to commit fraud.
Moon Inc. offers a financial services platform through our website, machines and retail stores (the “Service”) that allows people to buy currencies, including math-based currencies such as bitcoin (“exchange services”).
Moon Inc. recognizes that decentralized and distributed digital asset and payment systems in which payments are processed and secured by advanced cryptography and distributed computing power instead of a central bank, corporation or gove. believes, however, that the legitimate use of math-based asset networks provide untold benefits and efficiencies within the global economy. Accordingly, Moon has implemented this Policy and its accompanying AML Program to assess the specific risks posed by Moon’s innovative services and established specific controls to address those risks as required by law.
It is Moon’s policy to comply with applicable laws and regulations regarding AML and identity verification, and to detect and prevent the use of its Service for money laundering or to facilitate criminal or terrorist activities. While Moon Inc. is committed to protecting its users’ privacy, it will not allow people to use its Services to launder money, commit fraud or other financial crimes, finance terrorist activities, or facilitate other illegal conduct.
Moon Inc. reserves the right to refuse registration to persons from or in jurisdictions that do not meet international AML standards or could be considered as a Politically Exposed Person.
Moon Inc. reserves the right to verify our users and their transactions. In addition to this, any attempt to abuse Moon Inc. or its platform will result in an immediate account suspension.
The Moon AML and KYC policies per regional jurisdiction are as follows:
Registered members from all regions and jurisdictions are required to verify their identities, prior to being authorized to perform any transaction involving fiat currency. Suspicious transactions will result in a Suspicious Activity Report being submitted to the relevant regulatory and compliance bodies applicable in the registered members’ verified country of origin.
Last updated: June 3, 2020
This E-Sign Disclosure and Consent (“Disclosure”) applies to all Communications for those products, services and Accounts offered or accessible through LibertyX that are not otherwise governed by the terms and conditions of an electronic disclosure and consent.
The words “we,” “us,” and “our” refer to the entity with whom you have your Account, and the words “you” and “your” mean you, the individual(s) or entity identified on the Account(s). As used in the Disclosure, “Account” means the account you have with us. “Communication” means any customer agreements or amendments thereto disclosures, notices, transaction history, privacy policies and all other information related to the product, service or Account, including but not limited to information that we are required by law to provide to you in writing.
Scope of Communications to Be Provided in Electronic Form
All legal and regulatory disclosures and communications associated with the Account or the product or service. Notices or disclosures about a change in the terms of your Account or associated payment feature and responses to claims. Privacy policies and notices. Periodic billing or account statements for your Account(s) or such other Communications that we may include from time to time as part of the enrollment in the e-Statements program (“e-Statements”).
Method of Providing Communications to You in Electronic Form
All Communications that we provide to you in electronic form will be provided either (1) via e-mail, (2) by access to a website that we will designate in an e-mail notice we send to you at the time the information is available, (3) to the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose, or (4) by requesting you download a PDF file containing the Communication.
How to Withdraw Consent
You may withdraw your consent to receive Communications in electronic form by emailing us at [email protected] or by calling us at (800) 511-8940. At our option, we may treat your provision of an invalid e-mail address, or the subsequent malfunction of a previously valid email address, as a withdrawal of your consent to receive electronic Communications. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications; however your access and use of our service may be terminated. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.
How to Update Your Records
It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to the Disclosure and your Account(s), and to maintain and update promptly any changes in this information. You can update information (such as your email address) by emailing us at [email protected] or by calling us at (800) 511-8940.
Hardware and Software Requirements
In order to access, view, and retain electronic Communications that we make available to you, you must have:
Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit; An e-mail account with an Internet service provider and e-mail software in order to participate in our electronic Communications programs; A personal computer or mobile phone, operating system, and browser and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us in electronic form via a plain text-formatted e-mail or by access to our web site using one of the browsers specified below.
Requesting Paper Copies
We will not send you a paper copy of any Communication which is available electronically from LibertyX, unless you request it, or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, you may email us at [email protected] or call us at (800) 511-8940. We may charge you a reasonable service charge, of which we have provided you prior notice, for the delivery of paper copies of any Communication provided to you electronically pursuant to this authorization. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.
Communications in Writing
All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Disclosure and any other Communication that is important to you.
You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
Termination / Changes
We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.