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Terms and Conditions

1. Introduction

1.1 MoonGems is a cryptocurrency voting platform on which new cryptocurrency projects can be listed and viewed.

1.2 MoonGems provides the following Services:

1.2.1 MoonGems offers a Platform where any (legal or natural) person can submit a cryptocurrency project by using the submission form on the website: https://moongems.io (the Website). A person who submits a coin will be hereinafter referred to as a Lister. Submitted Coins instantly become visible on the New Listings Page. Coins will initially be placed in the category “New” on the Website.

1.2.2 MoonGems offers the possibility for natural persons to become a Voter. A Voter may vote on a Submitted Coin. To become a Voter, it is mandatory to create an Account (as defined below) on the Website.

1.2.3 Voters can upvote Submitted Coins once these are listed. Submitted Coins will appear in the categories “All Time” and “Today” on the Website.

1.2.4 MoonGems offers advertising services through, among other things, banners on the Website and promoted spots for Submitted Coins.

Listers and Voters will hereinafter also be referred to as a User or Users.

1.3 MoonGems does not verify any Submitted Coins, Listers, or Voters. Coin listings on the Website are for informational purposes only. MoonGems does not provide any financial advice, act as financial services provider or broker, or in any other way aid in the formation of any transactions in cryptocurrency or otherwise.

1.4 The market for digital assets, including but not limited to cryptocurrency as listed on the Website, is still new and uncertain. Unlike most currencies or assets, which are backed by governments or other legal entities, or by other commodities such as gold or silver, digital assets are a unique type of asset, backed by technology and trust. Digital assets are an autonomous and largely unregulated global system of digital asset service providers and individuals. Investors put their trust in a digital, decentralized, and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity. Consequently, market prices for digital assets can be highly volatile and unpredictable. Whether the future market price for a digital asset will move up or down is speculative and unknowable, and digital assets may even become worthless. There is no central bank or other third party that can take corrective measures to protect the value of a digital asset. The User is aware of this market risk and should be cautious about digital assets. Moreover, the cryptocurrency listed on the Website could potentially be Scams, i.e., designed to either by object or effect induce market participants to invest financial resources that will not be recoverable once investments are made. Each User is responsible to Do Your Own Research (DYOR) regarding any information, specifically regarding cryptocurrency, listed on the Website.

1.5 These terms and conditions (Terms), along with the Privacy Policy (insert link to privacy policy), constitute a legally binding agreement made between the User (whether personally or on behalf of a legal person, partnership, or otherwise) and MoonGems and its affiliated companies, websites (including the Website), applications, and tools, concerning the access to and the use of the Website and Platform as well as any other media form, media channel, mobile website, or mobile application related or connected thereto.

1.6 The use of any of the Services provided by MoonGems is conditioned upon User’s acceptance of and compliance with these Terms.

2. Eligibility

2.1 To access or use the Services, the User must be at least 18 years old. A User may not use the Services if MoonGems has terminated any of the User’s accounts or banned the User.

3. Content on the platform

3.1 Content added, created, uploaded, submitted, distributed, posted, or otherwise obtained through the Platform and/or Website by Users, including content that is added to the Platform and/or Website in connection with Users linking their accounts to third-party websites and services, is collectively referred to as User Generated Content.

3.2 The Platform and/or Website offered by MoonGems contains content which consists of both User Generated Content and content uploaded by MoonGems (MoonGems Content, collectively with User Generated Content referred to as the Content).

4. User Representations

4.1 The User may not access or use the Platform, Website, and/or Services of MoonGems for any other purpose other than for which MoonGems makes it available. The Platform, Website, and/or Services may not be used in connection with any commercial endeavours, except those that are endorsed and approved by MoonGems. When the User uses the Services of MoonGems, the User hereby represents and warrants to refrain from:

4.1.1 Using the Platform, Website, and/or Services in any way that is or may be damaging to the Website, Platform, or MoonGems;

4.1.2 Using the Platform, Website, and/or Services in a way that impacts Users’ access to the Website;

4.1.3 Uploading any information to the Platform and/or Website that is false or incorrect;

4.1.4 Using the Platform, Website, and/or Services contrary to applicable laws and regulations;

4.1.5 Attempting to impersonate another User or person or using the username of another User; and

4.1.6 Engaging in any automated use of the Website, such as using data mining, robots, automated voting, or similar data gathering and extraction tools.

4.2 When the User creates or makes available User Generated Content, the User hereby represents and warrants that:

4.2.1 The User Generated Content does not in any way induce persons to enter into transactions that by object, effect, or otherwise lead to (practically) irretrievable loss of invested money or digital assets such as cryptocurrency other than as a result of market fluctuations;

4.2.2 The User is the creator and owner of the User Generated Content or has the necessary licenses, rights, consents, or releases to make such User Generated Content available on the Website;

4.2.3 The User Generated Content does not infringe any intellectual property rights, including without limitation copyrights, patents, or trademark rights of any third party;

4.2.4 The Content is not obscene, lewd, lascivious, filthy, violent, harassing, fraudulent, libellous, or slanderous or otherwise objectionable (as determined by MoonGems), and does not ridicule, mock, disparage, intimidate, or abuse anyone; and

4.2.5 The Content does not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation.

5. Access and Interference

5.1 MoonGems does not actively monitor, screen, and/or edit the User Generated Content on the Platform and/or Website.

5.2 If any User finds that any Content on the Platform or Website infringes applicable legal and regulatory provisions, in particular in the case of clearly illegal content (e.g., defaming, denigrating, or infringing upon intellectual property rights), the User shall notify MoonGems by sending a Notice-and-Take-Down request (NTD request) [insert link to NTD policy] to [email protected]. In such a case, the User must provide MoonGems with all information necessary to enable MoonGems to identify the Content in question and take further actions if necessary.

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