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Please scroll through and read the TERMS OF SERVICE followed by the PRIVACY POLICY which are both set out below. By clicking ACCEPT, you agree to our TERMS OF SERVICE and acknowledge our PRIVACY POLICY applies.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS FOR ALL USERS RESIDING IN THE UNITED STATES AND ANY OTHER TERRITORY OTHER THAN AUSTRALIA, SWITZERLAND, THE UNITED KINGDOM, OR THE TERRITORIES OF THE EUROPEAN ECONOMIC AREA.
FOR COVERED USERS, UNLESS YOU OPT-OUT VIA THE PROCESS IN SECTION 11.5(3), YOU WILL BE BOUND BY THE ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AND MOON STUDIOS WILL BE REQUIRED TO RESOLVE ANY DISPUTE, SUBJECT TO LIMITED EXCEPTIONS, BY FINAL AND BINDING INDIVIDUAL ARBITRATION. THE ARBITRATION CLAUSE WAIVES YOUR RIGHT TO A JURY TRIAL, AND TO PARTICIPATE IN CLASS ACTION, COLLECTIVE ACTIONS, AND ALL OTHER TYPES OF COURT PROCEEDINGS. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND – UNLESS YOU VALIDLY OPT-OUT -- EXPRESSLY AGREE TO THE MANDATORY ARBITRATION CLAUSE AND CLASS ACTION / JURY TRIAL WAIVER
PLEASE SEE SECTION 11 OF THIS AGREEMENT FOR MORE INFORMATION ABOUT MANDATORY ARBITRATION, THE AFFECT ON YOUR LEGAL RIGHTS, AND YOUR TIME-LIMITED RIGHT TO OPT OUT.
TERMS OF SERVICE
Last Updated: July 1, 2025
Moon Studios GmbH is an Austrian limited liability company located at Neustiftgasse 14, 1070 Vienna, Austria (“Moon Studios”, “we,” “us,” and ”our”). These Terms of Service (“Agreement”) cover the terms and conditions by which we offer you access to use our games, apps, products, websites, and other services (the “Services”). This Agreement is a legal contract between you and Moon Studios. By accessing our Services, you are agreeing to be bound by the terms of this Agreement.
Nothing in this Agreement is intended to limit or exclude the application of any mandatory consumer laws in your jurisdiction of residence. If you do not agree to all of the terms in this Agreement, you are not permitted to use the Services.
1. YOUR USE OF THE SERVICES.
1.1 Age Restrictions and Legal Responsibility. As used in this Agreement, “you” or “your” means the individual user interacting with our Services; if such user is under 18 (or the minimum legal age of adulthood in your country), then “you” or “your” means the user’s parent or legal guardian entering into this Agreement on the user’s behalf. You, or any person under your supervision, should only use the Services if you, or the person under your supervision, are above the minimum age rating for the applicable Service. Minors under 18 (or the legal age of adulthood in your country), must ask their parent or guardian to review and explain this Agreement to them, and to agree to this Agreement on their behalf. If you accept this Agreement on behalf of a minor, you should supervise the minor’s use of the Services as You are legally and financially responsible for all of the minor’s actions while using or accessing the Services.
1.2 Modifications to This Agreement. We reserve the right to modify this Agreement, in whole or in part, at any time. We will endeavor to notify you of any such modifications in advance of the modified Agreement taking effect. If you do not wish to agree to the terms of the modified Agreement, you may no longer be able to access the Services once the modified Agreement takes effect. We will try to inform you about this legal consequence when notifying you of the modified Agreement. By actively accepting the modified Agreement, or by continuing to use the Services after the modified Agreement becomes effective, you agree to be bound by the modified terms of this Agreement.
1.3 Your Account. Some elements of the Services may require that you create an account, whereas for other Services, an account may be automatically created for you when you access the Services for the first time (each an “Account”). To create an Account, you may be asked to provide your age information and country/region, and then provide an email address, a username, a password, and such other information as we may deem necessary in connection with the creation of your Account, all of which will be processed and stored in accordance with our Privacy Policy below. You must provide accurate, current, and complete information about you when creating an Account. You are responsible for keeping your Account username and password secret. You also agree not to sell, transfer, or share your Account, or your Account’s username or password, and you agree to notify us immediately if you suspect any unauthorized use of your Account. We have the right to deny the creation of any Account, for any legitimate reason, and we reserve the right to terminate any Account that violates this Agreement in accordance with the termination provisions below and to delete any Account information in accordance with our Privacy Policy below.
2. LIMITED LICENSE.
2.1 We Reserve All Rights to our IP. We, and our licensors, own and reserve all rights, title, and interest in and to the Services, including all: (1) information, text, data, files, code, scripts, designs, graphics, artwork, illustrations, photographs, sounds, music, titles, themes, objects, characters, names, dialogue, locations, stories, plot, animation, concepts, audio-visual effects, virtual goods, interactive features, gameplay, methods of operation, the compilation, assembly, and arrangement of the materials of the Services, or your Account, and all other copyrightable material; (2) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including ours; and (3) other forms of intellectual property (all of the foregoing, collectively “Content”).
2.2 Your Personal, Non-Commercial Use. Subject to the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services, for your personal, non-commercial enjoyment. The Services, including the Content, are licensed, not sold. This license is personal to you only and does not give you any ownership rights in any of the Services, Content, or your Account.
2.3 Restrictions. The limited license granted in this Agreement does not give you any right to, and you may not, sell, copy (except under applicable legal exceptions such as the “private copy” exception under applicable law), loan, lease, distribute, disassemble, decompile, decrypt, hack, derive source code from, reverse engineer (except where permitted under applicable legal exceptions deriving from EU Directive 2009/24 or other applicable law), modify, create derivative works, commercialize, or otherwise exploit the Services (including the Content), or your Account unless subject to separate, express written terms provided by Moon Studios permitting such conduct.
2.4 Legal Effect. This license describes certain legal rights. You may have other rights under the laws of your state or country. This license does not change your rights under the laws of your state or country if the laws of your state or country don’t permit it to do so.
3. USER RULES.
3.1 No Illegal Conduct or Unauthorized Commercial Exploitation. You agree that:
(1) You will only use the Services for lawful purposes, in compliance with applicable laws.
(2) You will not use the Services in connection with any wager of any money or other thing of value unless subject to separate, express written terms provided by Moon Studios permitting such conduct.
(3) You will use the Services for your own personal, non-commercial use, and you will not commercially exploit the Services unless subject to separate, express written terms provided by Moon Studios permitting such conduct. This includes participating in, enabling, or encouraging the collection, sale, or exchange of anything from the Services that is not explicitly authorized by Moon Studios; facilitating, creating, or maintaining any unauthorized connection to the Services (including, any unauthorized server that modifies, emulates, or otherwise connects to any of the Services).
3.2 Respect Intellectual Property. You agree that you will not use the Services to create, upload, or distribute anything that infringes any third party’s copyright, trademark, or other intellectual property rights.
3.3 Code of Conduct. You agree that:
(1) You will not use improper or unauthorized means to interfere with or adversely impact any other user’s ability to use the Services as intended; to gain an unfair gameplay advantage; or to gain access to Content to which you do not have valid entitlement. This includes the use of cheats, unauthorized mods, hacks, glitches, or other technical exploits, and phishing, scamming, or social engineering.
(2) You will not use the Services to create, upload, or distribute anything that violates or invades another person’s privacy or other rights.
(3) You will not use the Services to engage in conduct that is abusive, bullying, harassing, or is reasonably understood to be a physical or verbal threat against another person.
(4) You will not use the Services to create, upload, or distribute any other material or engage in any conduct that is otherwise illegal or use the Services to violate another person’s rights.
3.4 No Technical Exploits. You agree that:
(1) You will not use IP proxying or other methods to disguise your location or place of residence including, without limitation, to circumvent geographical restrictions on access to Content, access controls, or technical protective measures; or to engage in activities that are unlawful based on applicable local law.
(2) You will not, unless subject to separate, express written terms provided by Moon Studios, use the Services via, or copy any Content to, a remote server, virtual PC, or other system or network including, without limitation, one that enables (or purports to enable) such Services or Content to be downloaded or streamed to one or more separate internet-enabled devices.
(3) You will not use, promote, or make available any bug, glitch, exploit, cheat, hack, script, bot, unauthorized mod, or other methods designed to maliciously interact with the Services, including without limitation, to breach this Agreement; to collect information or user data; exploit system vulnerabilities; circumvent content moderation or filtering systems; or otherwise intercept, redirect, or interfere with the operation of the Services.
(4) You will not reverse engineer, decompile, or disassemble (except where permitted under applicable legal exceptions deriving from EU Directive 2009/24 or other applicable law), display, perform, prepare derivative works based on, or otherwise modify the Services, in whole or in part, without our explicit prior written consent.
(5) You will not use the Services to distribute, upload, or transmit any software, scripts, code, or other information (including, but not limited to, any virus, worm, timebot, cancelbot, trojan horse, hacks, or other harmful code) to modify or alter the Services in any unauthorized way, or to transmit such information.
3.5 Supporting or Encouraging Violations. You agree that you will not provide material support to another user’s violation or attempted violation of this Agreement. This includes providing financial support; know-how, expertise, or other assistance; or repeated encouragement to engage in conduct that violates this Agreement.
3.6 Applicability to Employees, Agents, and Contractors. For clarity, the rules for conduct and behavior in this Section3 apply to your communications and interactions with Moon Studios’ employees, agents, and contractors including, without limitation, individuals on our customer support, engineering, security, or community teams.
3.7 Consequences for Violations. If you breach the Agreement, including without limitation the User Rules in this Section 3 (as amended from time to time), Moon Studios reserves the right to take adverse action against you including, without limitation: resetting some or all in-game progress associated with your Account; suspending your access to some or all of the Services or your Account; terminating your access to some or all of the Services, or closing your Account in accordance with the termination provisions below; barring you from creating an Account or accessing the Services in the future; or taking appropriate legal action to enforce this Agreement or our other rights under applicable law. We may notify law enforcement or other government agency or regulatory body, and provide any associated personal data as set out in our Privacy Policy below, if the breach involves a threat to the life or safety of yourself or others, or any other activity that we believe to be unlawful. We reserve the right to take adverse action against you based on information we might receive from third parties including, without limitation, other users, law enforcement, government agencies or other regulatory authorities. We are not liable for any violation of this Agreement by you or by any other user.
3.8 Monitoring; User Tools and Automated Systems. We may (but are not obligated to) actively monitor use of the Services for a variety of different purposes, including preventing cheating and hacking; ensuring your compliance with this Agreement; enforcing the terms of this Agreement; and improving the Services.
The features and tools described above may incorporate algorithms, artificial intelligence, machine learning, or other automated systems to help us accomplish the purposes described in this Section at the scale and scope needed to effectively maintain the Services for our users.
4. UPDATES AND FEATURES.
4.1 Updates and Modifications. We may provide patches, updates, or upgrades to the Services that may be required to continue using the Services, including automatic or “in the background” updates without notice to you. Such updates are subject to this Agreement unless other terms are presented with the updates, in which case, those other terms apply. We are not obligated to make any updates available. We do not guarantee that we will support the version of the system or device for which you licensed, obtained, or purchased any part of the Services, unless we have made claims regarding compatibility. We may from time to time, without additional cost to you, modify, alter, or suspend, whether in whole in part, any of our Services for a valid reason. Valid reasons include, without limitation: improvement of our Services; changes necessary for game balancing, for bug fixing or to prevent or counter exploits; changes that are necessary due to a new technical environment or an increased or decreased number of users; suspected or actual intellectual property infringement; changes in licenses we hold from third parties or other third-party compliance requirements; termination of agreements we have with third-parties for whatever reason; discontinuance of the supply, by a third-party, of a service or feature which is part or interconnected with our Services; changes of specific and verifiable open market costs; necessary enhancements for the safety of users or other third parties; or other material, legal, regulatory, or security reasons.
4.2 Availability. The Services may be offered for a limited time, or may vary depending on your region or device. Similarly, if you change regions, you may no longer be able to access certain Services or Content that you were able to access in your previous region if such Services or Content are prohibited by the applicable laws of the new region in which you are present.
4.3 Internet-Based Services. The Services may require a connection to the internet via a wireless or cellular network and, as a result, may therefore receive certain standard information about the device, system, and software used by you to connect to the Services. Such information is collected and used by us in accordance with our Privacy Policy below. You are solely responsible for the maintenance and reliability of your internet connection at your own cost and for any usage fees which may arise as a result of your access to the Services via any wireless or cellular network.
5. YOUR RESPONSIBILITIES TO US.
You agree to defend, indemnify and hold harmless Moon Studios from and against any and all direct liabilities, damages, losses arising out of or in connection with: (1) your breach of this Agreement; (2) any information or content provided by you that infringes the rights of a third party when used by us in accordance with this Agreement; and (3) your unlawful acts or omissions. We can assist, at our own expense, in the defense of any matter subject to indemnification by you, and in such case, you agree to cooperate with us, and we will take reasonable steps to mitigate our losses. However, you are not required to indemnify Moon Studios in respect of any liabilities, damages or losses arising out of or in connection with the negligent acts or omissions, fraud, or willful misconduct by Moon Studios, Moon Studios’ officer’s employees, contractors or agents, or to the extent you are not responsible for the breach.
You are solely responsible for any third party costs you incur to use the Services.
6. TERMINATION.
You may stop using the Services at any time and terminate this Agreement by destroying or deleting all copies of any materials or software in your possession and by deleting your Account. In addition, you may request that we delete your Account, and your personal information, at any time in accordance with our Privacy Policy below.
For any Services provided to you for an indefinite period of time, we have the right to terminate this Agreement and your access to the Services, or cease providing such Services, at any time for any reason in our sole discretion. If we have reasonable means to contact you and where practicable, we will try to inform you reasonably in advance of any such termination or cessation of Services taking effect. Where it is not practicable to inform you in advance, we will try to inform you promptly afterwards. If your habitual residency is in Germany, the right of both parties to extraordinary termination for good cause shall remain unaffected. Good cause exists if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
We may immediately terminate or suspend your right to access any aspect of the Services if you: breach this Agreement; use the Services fraudulently, illegally, or in any manner other than for its intended purposes; initiate any adverse proceeding against us; or if we are under a legal obligation to do so. If we decide to terminate or suspend your right to access some or all of the Services, we will try to inform you in advance of such termination or suspension unless the action is taken under a legal obligation that does not require us to inform you or if it is not practicable for us to do so.
You acknowledge and agree that if this Agreement is terminated, the licenses granted to you under this Agreement shall immediately terminate.
7. PHOTOSENSITIVE SEIZURE WARNING.
A very small percentage of individuals may experience epileptic seizures when exposed to certain light patterns or flashing lights, including some of the visual effects that appear in certain video games. Symptoms may even be experienced by individuals with no history of epilepsy or photosensitivity. If you or anyone in your family have an epileptic or photosensitivity condition, please consult your physician before playing any of our video games.
If you experience any of the following symptoms while playing any of our video games, immediately discontinue use and consult your physician before resuming play: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
8. MISCELLANEOUS.
8.1 General. This Agreement, together with any documents or policies linked to herein, is the entire agreement between you and us for your use of the Services. It supersedes any prior written agreements between you and us regarding your use of the same. You agree that we may assign this Agreement, in whole or in part, at any time. If our assignment leads to a change of us as the contracting party, you have the right to terminate this Agreement. You may not assign your rights or transfer your obligations under this Agreement.
8.2 Export Laws. You must comply with all applicable domestic and international export laws and regulations (which may be amended from time to time) that apply to the Services. You agree not to use, export, re-export, download, or otherwise transfer any part of the Services into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons list and other sanctions lists administered by the Office of Foreign Assets Control (OFAC). You represent and warrant that you are not located in, under the control of, or a national or resident of an embargoed country and that you are not a Specifically Designated National or Blocked Person.
9. CONTACT US.
If you have any questions or concerns about the Services or this Agreement, please contact us at:
Moon Studios GmbH, Neustiftgasse 14, 1070 Vienna, Austria, privacy@moongamestudios.com
10. GOVERNING LAW, DISPUTES, AND LIABILITY: AU, CH, EEA, UK.
If you are habitually resident in Australia, Switzerland, the United Kingdom, or any territory in the European Economic Area, the terms of this Section 10 apply to your legal contract with Moon Studios. If you habitually reside outside of these territories or jurisdictions, please see Section 11 below.
10.1 Governing Law and Jurisdiction. This Agreement shall be governed by, and construed under, the laws of your country of residence without regard to conflict of laws rules. The exclusive jurisdiction for all disputes will be the competent courts of your country of habitual residence.
10.2 Limitations of Our Liability. IN NO EVENT SHALL MOON STUDIOS BE LIABLE TO YOU FOR ANY INDIRECT LOSSES OR DAMAGES OR FOR ANY BREACH OF ITS OBLIGATIONS DUE TO A FORCE MAJEURE EVENT, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE ANY NON-EXCLUDABLE RIGHTS OR DAMAGES THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR FRAUD, OR FOR DEATH OR ANY PERSONAL INJURY ARISING AS A RESULT OF OUR NEGLIGENCE.
If any applicable law provides that there is a guarantee in relation to any good or service supplied by us in connection with this Agreement, and our liability for failing to comply with that guarantee cannot be excluded but may be limited, then our liability for such failure is limited to (at our election), in the case of a supply of goods, us replacing the goods or supplying equivalent goods, repairing the goods, or providing you with a full or partial refund, or in the case of a supply of services, us supplying the services again, providing you with a refund for the unused portion or compensation for its reduced value.
11. GOVERNING LAW, DISPUTES, AND LIABILITY: UNITED STATES & REST OF WORLD.
If you are habitually resident in the United States or any territory other than Australia, Switzerland, the United Kingdom, or any territory in the European Economic Area, the terms of this Section 11 apply to your legal contract with Moon Studios. If you habitually reside in Australia, Switzerland, the United Kingdom, or any territory in the European Economic Area, please see Section 10 above.
11.1 Governing Law and Jurisdiction. This Agreement is entered into in the State of California and shall be governed by, and construed under, the laws of the State of California without regard to conflict of law rules. Except as otherwise expressly set out in Section 11.5, the exclusive jurisdiction for all disputes between you and Moon Studios are the state and federal courts located in Los Angeles, California, and you and Moon Studios each accept personal jurisdiction and waive all objections to venue in such courts.
11.2 Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." NEITHER MOON STUDIOS, ANY DIGITAL STOREFRONT, NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, OR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES, PROMISES, OR GUARANTEES OF ANY KIND WHATSOEVER AS TO THE SOFTWARE, CONTENT, THIRD PARTY SERVICES, OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. NEITHER MOON STUDIOS NOR ANY DIGITAL STOREFRONT WARRANT THAT THE SERVICES OR THIRD PARTY SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES. TO THE FULLEST EXTENT PERMITTED BY YOUR LOCAL LAW, MOON STUDIOS AND EACH DIGITAL STOREFRONT DISCLAIM ANY IMPLIED WARRANTIES INCLUDING FOR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY.
11.3 Limited Hardware Warranty. We warrant to the original consumer purchaser of the Services that the physical storage media containing the Services (the “Goods”), if any, will be free from defects in material and workmanship for 90 days from the date of purchase under normal use. If the Goods are found to be defective within 90 days of the original purchase, we agree to replace, free of charge, the applicable defective Goods within the applicable 90 day period, upon our receipt of the Goods (postage paid, with proof of the date of purchase) so long as the Goods are still being manufactured by us. If the Goods are no longer available, we reserve the right to substitute similar goods of equal or greater value. This warranty is limited to the Goods, as originally provided by us, and is not applicable to normal wear and tear. This warranty shall not apply if the claimed defect arises through abuse, misuse, mistreatment, or neglect of the applicable Goods. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
11.4 Limitations of Our Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOON STUDIOS OR ANY DIGITAL STOREFRONT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.
In the event you have any basis for recovering damages arising from the Services or a breach of this Agreement, you agree that your exclusive remedy is limited to recovery of direct damages and the maximum liability is limited to the greater of USD $500 or the amount you have spent on the Services at issue in your claim in the 24 months preceding the date your claim arose.
The limitations and disclaimers in this Agreement do not purport to limit liability or alter your rights as a user that cannot be excluded or limited under applicable law. With respect to this Agreement, any provisions concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.
11.5 Dispute Resolution: Binding Individual Arbitration; Waiver of Class Actions and Jury Trials. If you have an issue with the Services that cannot be resolved by contacting us, this Section 11.5 (the “Arbitration Agreement”) explains how you and Moon Studios agree to resolve any Disputes by binding, individual arbitration, subject to limited exceptions described below.
PLEASE READ THIS SECTION CAREFULLY— IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
(1) Binding Individual Arbitration. You and Moon Studios agree that, if not resolved through the informal negotiation process described below, any Disputes between us shall be exclusively resolved by individual, binding arbitration under this Arbitration Agreement. Subject to the exclusions in Section 11.5(10), a “Dispute” means any dispute, claim, or controversy arising from or related to the Services, including those related to the formation, breach, termination, enforcement, scope, validity, or applicability of the Agreement or the Arbitration Agreement, or your rights under those agreements. All Disputes are subject to the Arbitration Agreement regardless of whether they arose before or after you accepted the Agreement.
The arbitrator – not a federal, state, or local court, or government agency – shall have exclusive authority to resolve any Disputes, including those related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, and any claim that all or part of the Arbitration Agreement is void or voidable. The arbitrator shall also have authority to determine all threshold arbitrability issues, including related to whether the Agreement or the Arbitration Agreement are unconscionable or illusory; whether the Arbitration Agreement has been disaffirmed under applicable law; and any defense to arbitration including waiver, delay, laches, or estoppel. The arbitrator may award the same remedies as a court could, but only to the extent required to satisfy the individual Dispute at issue.
(2) Class Action / Jury Trial Waiver. You and Moon Studios each waive all rights to a trial by jury in any action or proceeding involving any Disputes in any forum. You and Moon Studios each waive all rights to participate in any purported class, collective, representative, or consolidated action or proceeding. Unless you and Moon Studios agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of consolidated, representative, group, or class proceeding. All Disputes shall be arbitrated on an individual, non-class, and non-representative basis only. This means that the arbitrator will resolve your individual Dispute with Moon Studios separate from any other Dispute, and that your Dispute cannot be consolidated or joined with another person’s or party’s claims. The arbitrator may award relief permitted by applicable law only with respect to the individual party seeking relief, but to the maximum extent permitted by applicable law, may not award relief respecting any person other than that individual party seeking relief. If any court or arbitrator determines that this Class Action/Jury Trial Waiver is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then this Arbitration Agreement shall be deemed null and void in its entirety, and you and Moon Studios shall be deemed to have not agreed to arbitrate Disputes.
(3) Applicability; Your Right to Opt Out. This binding individual arbitration requirement will not apply to the extent prohibited by the laws of your country or state of residence. You have the right to opt out of this Arbitration Agreement. You must notify us in writing within 30 days of the date that you first accept this Agreement (“Opt-Out Notice”) unless a longer period is required by applicable law.
Your Opt-Out Notice must be sent to:
Gerald Muller, WP/StB Mag., Head of Finance, Moon Studios GmbH, Neustiftgasse 14, 1070 Vienna, Austria, privacy@moongamestudios.com
The Opt-Out Notice must include: (1) your full name; (2) your mailing address; (3) your Account name, if you have one; and (4) a clear, signed statement that you do not agree to the Arbitration Agreement. You are responsible for ensuring our receipt of your Opt-Out Notice; you therefore may want to send your notice using a delivery method that provides you with a written receipt of delivery.
(4) Dispute Resolution Procedures. Except for claims brought under Section 11.5(10),any Dispute between you and Moon Studios must be resolved through the following steps:
Step 1: Notice of Dispute. If you have a Dispute with us, you must send written notice of the Dispute (“Notice of Dispute”) to us at the following address:
Gerald Muller, WP/StB Mag., Head of Finance, Moon Studios GmbH, Neustiftgasse 14, 1070 Vienna, Austria, privacy@moongamestudios.com
To be considered complete, your Notice of Dispute must include the following information: (1)your name, (2) Account name or registered email address you use to access the Services, (3)your mailing address, (4) how to contact you, (5) what the problem is, and (6) what you want us to do about it.
If Moon Studios has a Dispute with you, we will send our Notice of Dispute to your registered email address and any billing address you have provided us or, if these options are not available, to other reasonable contact information you have provided us.
Step 2: Informal Negotiation. To help us get to a resolution faster and reduce the costs for both parties, you and Moon Studios agree to first attempt to informally negotiate any Dispute for at least 30 days. Those informal negotiations will start on the day you or Moon Studios receive a written Notice of a Dispute.
Step 3: Binding Arbitration. If we cannot resolve the Dispute informally, the Dispute (except as set out in Section 11.5(9) and (10) below) will be resolved exclusively via binding individual arbitration conducted by the Judicial Arbitration Mediation Services, Inc. (https://www.jamsadr.com/) (“JAMS”) subject to the terms in this Arbitration Agreement, the U.S. Federal Arbitration Act and federal arbitration law.
(5) Demand for Arbitration. The party starting an individual arbitration must send JAMS a “Demand for Arbitration” (using the form available on its website), pay any applicable filing fee, and mail a copy of the Demand for Arbitration to the opposing party. If you have a Dispute with us, you must send a copy of your Demand for Arbitration to:
Gerald Muller, WP/StB Mag., Head of Finance, Moon Studios GmbH, Neustiftgasse 14, 1070 Vienna, Austria, privacy@moongamestudios.com
Moon Studios will send our copy of our Demand for Arbitration to your registered email address and any billing address you have provided us or, if these options are not available, to other reasonable contact information you have provided us.
(6) Individual Arbitration Procedure.
Rules. Individual arbitration between you and Moon Studios will occur under the Streamlined Arbitration Rules and Procedures issued by JAMS as of the date of the Notice of Dispute (the “JAMS Rules”) and as modified by this Arbitration Agreement. Please see www.jamsadr.com (http://www.jamsadr.com) for more information about JAMS and the JAMS Rules. You and Moon Studios agree that the arbitration will be conducted in English and that the arbitrator will be bound by this Arbitration Agreement.
Discovery and Evidence. Discovery in the arbitration shall be limited to the production of documents that are directly relevant to significant issues in the case or to the case’s outcome. The arbitrator shall make all determinations related to the admissibility or relevance of evidence under the Federal Rules of Evidence.
Dispositive Motions & Hearing Location. The arbitrator shall allow for dispositive motions. The location and method of the parties’ appearance at the arbitration proceeding, if any, will be determined by the JAMS Rules.
Confidentiality. The arbitrator shall issue an order providing that the arbitration proceedings and all notices, pleadings, motions, discovery responses, testimony, and documents exchanged or filed related to such proceedings be kept strictly confidential.
Fees. The parties will bear any arbitration costs as determined by the JAMS Rules.
Decision & Award. The arbitrator (not a judge or jury) will resolve the Dispute. Unless otherwise agreed, any decision or award shall set forth the factual and legal basis for the award. The arbitrator shall be permitted to award only those remedies permitted by applicable law or in equity which are supported by credible relevant evidence as determined by the Federal Rules of Evidence. Unless Moon Studios expressly consents, the arbitrator may not award relief against Moon Studios respecting any person other than you. Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement. The arbitrator’s decision is final and binding on the parties, except for a limited review by courts under the U.S. Federal Arbitration Act and can be enforced like any other court order or judgment.
(7) Time Limit for Claims. To the extent permitted by applicable law, if a Dispute must be arbitrated, you or Moon Studios must start arbitration of all Disputes within two (2) years of the events giving rise to the Dispute. If applicable law requires you to bring a claim for a Dispute sooner than two (2) years after the Dispute first arose, you must start arbitration in that earlier time period. Moon Studios encourages you to tell us about a Dispute as soon as possible so we can work to resolve it. Failure to timely engage in dispute resolution will permanently bar all claims.
(8) Non-Arbitrable Claims. Notwithstanding anything to the contrary herein, if the arbitrator may not legally adjudicate or award a particular legal or equitable claim or remedy, such claim or remedy shall be stayed until all other claims and remedies are final and the arbitration completed. Thereafter, the remaining claims must be litigated in a federal or state court of competent jurisdiction in Los Angeles, California and, if meritorious, such court may award the remaining remedy. To the extent any claims are allowed to proceed on a class, collective, consolidated, group, or representative basis, such claims must be litigated in a federal or state court of competent jurisdiction in Los Angeles, California, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims remaining in arbitration. In all cases described in this Section 11.5(8), the federal or state court shall be bound under the principles of claim or issue preclusion by the decision of the arbitrator. Suits brought in state court may be removed to federal court by either party if permissible under applicable law.
(9) Exception – Mass Arbitration Procedure.
Mass Arbitration. A “Mass Arbitration” means 5 or more Disputes relating to the same or similar subject matter, which share common issues of law or fact, or in which the counsel or other organization representing the parties in such Disputes are the same, cooperating, or working in coordination. A “Mass Arbitration Dispute” means an individual Dispute that forms a part of a Mass Arbitration. Nothing in this Section shall be interpreted as authorizing a consolidated, representative, group, or class proceeding. Moon Studios reserves all rights and defenses as to each and any Demand for Arbitration and claimant.
Rules for Mass Arbitration. Notwithstanding the parties’ agreement to have all Disputes administered by JAMS on an individual basis, you and Moon Studios agree that if your Dispute is (or becomes) a Mass Arbitration Dispute, it shall not be governed by the JAMS Rules or administered by JAMS. Instead, Mass Arbitration Disputes shall be administered by New Era and governed by the New Era Rules in effect when the Mass Arbitration Disputes are filed, excluding any rules that permit arbitration on a class-wide basis (the “New Era Rules”), and this Arbitration Agreement. The New Era Rules are available at www.neweraadr.com/rules-and-procedures (https://www.neweraadr.com/rules-and-procedures/). For clarity, the New Era Rules shall be modified by the terms of this Arbitration Agreement.
Batching of Mass Arbitration Disputes. To facilitate efficient resolution of Mass Arbitrations, after 60 Mass Arbitration Disputes have been accepted related to a single Mass Arbitration (the “Initial Batch”), New Era shall not accept any additional Demands for Arbitration related to such Mass Arbitration until 60 days after the final resolution of all Bellwether Cases from the Initial Batch and the subsequent Settlement Conference provided for under the New Era Rules. Thereafter, any additional Mass Arbitration Disputes related to the ongoing Mass Arbitration may be accepted and resolved under the New Era Rules on the same terms as if such Mass Arbitration Disputes had been filed and accepted as part of the Initial Batch. The delay in the acceptance of a Mass Arbitration Dispute under this provision shall be excluded when calculating the relevant time limit to bring a Dispute under this Arbitration Agreement. Moon Studios and the party to any Mass Arbitration Dispute that would otherwise be delayed under this provision may agree to waive the delay and include such Mass Arbitration Dispute in the Initial Batch. You agree to cooperate in good faith to implement this batch-based process.
Severability for Mass Arbitration. If any court or arbitrator determines that this Section 11.5(9) is void or unenforceable for any reason, or if New Era declines to administer any Mass Arbitration Dispute as a Mass Arbitration, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and Moon Studios shall be deemed not to have agreed to arbitrate such Disputes.
(10) Exclusion from Arbitration. Notwithstanding the parties’ decision to resolve all Disputes through binding individual arbitration, you and Moon Studios may bring an action in state or federal court that only asserts any of the following claims: patent infringement or invalidity; copyright infringement (including, without limitation, based on use of the Services following a breach of, or termination of rights under, the Agreement); moral rights violations; trademark infringement; trade secret misappropriation; or computer fraud and abuse. Either party to a Dispute may seek relief in a small claims court for any individual Disputes or claims within the scope of that court’s jurisdiction, including by seeking to have an arbitration pending under this Arbitration Agreement moved to such small claims court on this basis.
(11) Limitation on Changes to Arbitration Provision. We may update this Agreement, including the Arbitration Agreement, at our discretion in accordance with Section 1.2. Notwithstanding any other provision of this Arbitration Agreement, if Moon Studios changes any of the terms of this Arbitration Agreement after the date you first accepted the Arbitration Agreement (or accepted any subsequent changes to the Arbitration Agreement), you may reject the new changes. To reject the new changes to the Arbitration Agreement, you must notify us in writing within 30 days of the effective date of the changes you seek to reject, as indicated by the “Last Updated” date above. Your rejection notice must be sent to:
Gerald Muller, WP/StB Mag., Head of Finance, Moon Studios GmbH, Neustiftgasse 14, 1070 Vienna, Austria, privacy@moongamestudios.com
The rejection notice must include (1) your full name; (2) your mailing address; (3) your user account name, if you have one; and (4) a clear, signed statement that you reject the changes to this Arbitration Agreement. For clarity, if you previously accepted the Arbitration Agreement, your rejection of changes to the Arbitration Agreement does not mean that you opt out; you and Moon Studios will still arbitrate any Dispute between you and Moon Studios under the terms of the Arbitration Agreement as of the date you first agreed or the effective date of the last version of the Arbitration Agreement you accepted (as indicated by the “Last Updated” date above), whichever is later.
(12) Severability. Except as set forth in Sections 11.5(2) and (9), if any clause within this Arbitration Agreement is found to be invalid, unenforceable, or illegal, that clause or portion will be severed, and the remainder of this Dispute Resolution section will be given full force and effect.
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PRIVACY POLICY
Last Update: July 1, 2025
Moon Studios GmbH, an Austrian limited liability company located at Neustiftgasse 14, 1070 Vienna, Austria (“Moon Studios”, “we,” “us,” and ”our”), is a leading developer, publisher and marketer of interactive entertainment. This Privacy Policy explains data practices for the products, games, services, and websites provided by Moon Studios ("Services"). Please read this Privacy Policy carefully, and keep in mind that our practices and the data we collect may differ depending on how you use the Services. The Services are also subject to any other terms and policies included in our Services. This Privacy Policy supplements privacy disclosures provided with your software product and from your platform manufacturer.
Notice at Collection of Personal Information: Please see the Categories of Information Collected and How We Use Personal Information and Our Legal Grounds sections for an overview of what information we collect, and why, and the Data Rights section for information about how to exercise your privacy rights, including opting out of the sale or sharing of your personal information.
CATEGORIES OF INFORMATION COLLECTED
The type of information we collect depends on how you use the Services. However, generally, we may collect the following information:
* Identifiers / Contact Information: Name, user name, gamertag, postal and email address, phone number, unique IDs, mobile device ID, platform ID, gaming service ID, advertising ID (IDFA, Android ID) and IP address
* Protected Characteristics: Age and gender
* Commercial Information: Purchase and usage history and preferences, including gameplay information
* Billing Information: Payment information (credit / debit card information) and shipping address
* Internet / Electronic Activity: Web / app browsing and gameplay information related to the Services; information about your online interaction(s) with the Services or our advertising; and details about the games and platforms you use and other information related to installed applications
* Device and Usage Data: Device type, software and hardware details, language settings, browser type and version, operating system, and information about how users use and interact with the Services (e.g., content viewed, pages visited, clicks, scrolls)
* Profile Inferences: Inferences made from your information and web activity to help create a personalized profile so we can identify goods and services that may be of interest
* Audio / Visual Information: Account photos, images, and avatars, audio information via chat features and functionality, and gameplay recordings and video footage (such as when you participate in playtesting)
* Sensitive Information: Precise location information (if you allow the Services to collect your location), account credentials (user name and password), and contents of communications via chat features and functionality.
HOW WE USE INFORMATION AND OUR LEGAL GROUNDS
We use the information we collect within Moon Studios as follows, pursuant to various legal bases:
* Business Purposes: Provide the Services and support; fulfill orders and requests; improve the Services and our business; develop new products and services; enhance your experience on the Services; protect the security for our users, employees, facilities, and Services; and develop internal marketing and demographic studies
* Commercial Purposes: Market and advertise our and our business partners' products and services; send you promotional materials; and administer promotional activities or events
We also use your information as permitted by law.
We use information we collect for our business purposes, including to:
* Provide the Services
* Fulfill product orders and other requests, respond to your questions, and communicate with you
* Enhance and personalize your experience on the Services, including to recognize you, maintain your preferences and settings, connect you with other users and link to your third-party platform, gaming, and social networking accounts
* Provide technical and other support
* Review the use and operations of the Services, develop new products or services, and conduct analyses to enhance or improve our software, content, marketing, support, and Services
* Conduct internal marketing and demographic studies
* Address issues with the Services or other business needs
* To protect the security or integrity of the Services, users and our business such as by protecting against and preventing violation of our terms and policies, including combating fraud, piracy, cheating, tampering, unauthorized transactions, claims, and other liabilities, and managing risk exposure
* Interact on your behalf with the third-party platform, gaming, and social networking accounts you connect with our Services
* Participate in other processing that we inform you about when you provide your information or when you consent to such processing
* As permitted by law
We use information we collect for commercial purposes, including to:
* Provide you and other users with customized content, targeted offers, and advertising on the Services, via email and text message, or on other sites, mobile applications, or social media on behalf of Moon Studios or our business partners
* Contact you with information and promotional materials
* Administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by us or our business partners
* Analyze our users, in combination with other data, to assess our user base
---Legal Reasons to Process Personal Data
If you are based in a location that requires us to establish legal grounds, we process your information on the following grounds:
* Establish and perform our contract with you (such as the terms applicable to our Services, or to take steps at your request, such as to complete transactions with you and to allow you to play our games online)
* Compliance with a legal obligation
* For our or our partners' legitimate interests, such as to improve our products and services; perform analytics to better understand our users; conduct direct marketing (when we do not need your consent); otherwise supporting our business, operations, and services; and enforce and prevent violations of our terms or policies
* Protect your vital interests or those of another person (for example, another player)
* With your consent, such as when you sign up for direct marketing or you connect your account with a third-party service
SOURCES OF INFORMATION WE COLLECT
How we obtain information depends on how you use the Services. For example, we collect information:
* you provide directly to us, such as when you set up an account, sign-up for marketing, or contact us
* about the games you play (automatically)
* from third-party platforms, such as when you play our games or access our Services with third-party accounts
* automatically, including through cookies and similar tracking technologies
* from third parties, such as advertising networks, business partners, third party information providers, and other players
---Information You Provide
You provide us with information when you use the Services, such as when you:
* create an account or use the Services
* subscribe to marketing and communications
* comment on our message boards, forums, chat rooms, feeds, sites, or other Services
* purchase or redeem one of our products or services, including physical items, virtual items, virtual currency, or add-ons
* download, install, or access demos, programs, or other software
* contact us for support or other purposes
* use our email or share features
* participate in events, contests, promotions, surveys, or playtesting
* participate in an activity where you provide your information
Depending on the Service or your activity, we collect information such as your name, email address, phone number, photo, mailing address / zip code, payment or purchase information, age, gender, password, platform ID, software products played, survey data, geolocation, and the systems or platforms you play on. We combine this information across devices that you use.
---Gameplay Information
When you use the Services, we automatically receive information about your gameplay. Gameplay information includes your platform ID or gaming service ID, game achievements, game scores and performance, IP address, MAC address or other device IDs, other platform / device information, and other information and statistics regarding your use of the Services. We collect gameplay information even if you do not register for the Services. We may combine gameplay information with other information we have about you. We also may use internal and third-party anti-cheat technologies to detect and prevent cheating within our Services.
---Platform, Gaming, and Social Networking Information
We collect information when you access our Services with third-party platform accounts, such as a gaming platform account, gaming network service account, or social networking service account. When you access our Services in this way, the third-party platforms provide us with information about you. For example, depending on your use of, or activity on the third-party platform, we receive your user name, your friends list, or account information necessary to provide the Services. The third-party platform may allow you to control what information is provided to us. We are not responsible for the terms, policies, disclosures or actions of any third-party platforms.
---Cookies and Similar Technologies
We may use cookies, web beacons, pixel tags, Flash cookies, Internet log files, software developments kits and similar tracking technologies to improve and maintain the functionality of our Services; enhance security and fraud prevention; and provide you with targeted advertising. Our system may not respond to Do Not Track requests or headers from some or all browsers. You may also use the cookie preference tool, where available, or visit the Cookie Policy posted on the Service for more information.
---Information from Third Parties
We receive information from third parties to update the information that we collect about you. We may receive information from public databases, platform manufacturers, analytics providers, game developers, and other business partners involved in providing the Services to you, that includes demographic information and information about your interests. We may collect publicly available information, including from social media, to protect our users, employees, facilities, and Services, and to aid investigations. We also receive information from other individuals who use our Services. This may include information about you if you are mentioned in comments on the Services or an individual sends us a direct message.
WHEN WE SHARE INFORMATION
As detailed below, we share your information with:
* vendors that perform support and other services for us
* other third parties (e.g., for collaborative offerings, legal and safety purposes, in connection with the sale or transfer of a business or asset, and other purposes with your permission)
* other users, such as when you participate in open communities or events, or information published on leaderboards
In the last 12 months, Moon Studios has not sold personal information to third-parties.
---Vendors
We use vendors to perform services on our behalf. These vendors provide business, professional or technical support to us, help us operate our business and Services, or administer activities in connection with our business and the Services.
---Third Parties
We share your information with third parties as described in this Privacy Policy, including as follows:
* Collaborative Relationships: When we offer services or promotions in collaboration with a third party who will receive your information for its own use, we will inform you of that at the time of collection and you may choose whether to participate in the offering.
* Legal & Safety: We may share your information to protect the security of our Services, servers, network systems, databases, users and business and in connection with an investigation of fraud, intellectual property infringements, interference with our rights, property or users, or other activity that is illegal or may expose you or us to legal liability, including as required or requested by law enforcement or other government officials. We also may share your information with third parties when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users, or others who may be harmed or may suffer loss or damage, or when we believe that it is necessary to protect our rights, investigate, or enforce our policies, terms, combat fraud, or comply with a judicial proceeding, court order, or legal process served on Moon Studios. We also may share your information when we have reason to believe it is necessary to investigate or enforce our policies, terms, or other legal document or contract related to the Services or rights of a third-party.
* Sale or Transfer of Business or Assets: We may sell or purchase assets during the normal course of our business. We may disclose information about you and transfer that information to another entity as part of a potential or actual acquisition or merger of Moon Studios or any of our assets. If we bring or are defending a reorganization, bankruptcy, or similar event, such information may be considered our asset and sold or transferred to third parties.
* As Disclosed to You: We may share your information as disclosed to you at the time of collection.
---Other Users
If you participate in open communities, such as online gaming sessions and social networking services, we automatically post certain information, such as your user name or ID and gameplay statistics, within the game, on social networking services, on our Services, or on specialized game sites. If you participate in tournaments or other online game events, we must publicly post your information.
We publish gameplay boards and multiplayer match records that contain information based on your use of the Services, such as your user name or ID, when they are essential components of the Services that we offer you and others. Like other gameplay statistic services, your game activity, leaderboards, and multiplayer match information may appear nested in the Services or third-party webpages.
Some third-party services also let you post information about your game activity to their sites to share with others. If you use these features, those third-party services' privacy policies and terms govern your actions on those sites and the information that those services collect.
We combine information collected through various Services and display it publicly, including on our Services, in our games, or in multiplayer game lobbies. For example, if you link your game platform account with us, we may display your in-game achievements along with your account name.
PUBLIC POSTINGS
If you share personal information, post an image or video, or provide other content in public forums such as on a message board, chat room, comment field, or profile page, other people can view, collect, and use that information. If your user name or ID contains your name, your name will be publicly available on leaderboards and elsewhere as described in this Privacy Policy. Users of such public forums may be able to identify you, use the information to send you messages, or copy any of the images, video, or content you have shared. There is no expectation of privacy or confidentiality on any of these public forums. Please do not share your personal information in public forums or in your user name or ID. You are responsible for any information or content you publicly post using our Services.
DATA RIGHTS
Depending on your location, you may have certain rights over your personal information, including the right to:
* Request access to or a copy of your personal information
* Request deletion of your personal information
* Request correction or modification of your personal information
* Be informed about the personal information we collect and/or process about you, the sources of personal information, and the third parties with whom information was shared or sold and for what purposes
* Withdraw consent, if processing is based on consent
* Opt-out of the sale or sharing of your personal information (including targeted advertising)
* Opt-in/out of financial incentives
* Limit the use and disclosure of your sensitive personal information
If you wish to make a data request or appeal a data request decision, please contact Moon Studios using the details provided in the Contact Us section. We will respond to data requests within a month. We may take steps to verify your identity before we can respond to your request. To the extent these rights apply to you, they may be limited in some situations -- for example when we are under a legal requirement or have a compelling interest for processing your personal information, or when the personal information is protected by trade secret. If you have unresolved concerns, where applicable, you may also have the right to complain to a privacy authority. A list of privacy authorities is available here (https://globalprivacyassembly.org/participation-in-the-assembly/list-of-accredited-members/).
You may authorize someone to make a privacy rights request on your behalf (an authorized agent). Authorized agents will need to demonstrate that you've authorized them to act on your behalf, or must demonstrate they have power of attorney pursuant to applicable probate law. We retain the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent's identity.
DATA RETENTION
We'll keep your information for as long as necessary to provide you with the Services, fulfil our legal obligations, and/or exercise, defend or establish our rights.
CHILDREN'S PRIVACY
Generally, we direct our Services to a general audience and we do not knowingly collect personal information from children under 13 years old (or older, if applicable law provides for different protections). We may direct certain Services to an audience of all ages---including children. For these Services, we may restrict the collection of personal information on the Services from anyone, apply an age gate allowing children to use the Services while restricting the collection of personal information on the Services from children, or get a parent's permission to collect personal information from children. If we become aware that a child has provided personal information without a parent's permission, we will promptly delete this information. We encourage parents to instruct their children to never give out their real names, addresses, or phone numbers, without permission, when using the Internet.
DATA SECURITY
We follow generally accepted industry standards and maintain appropriate safeguards to help protect the security, integrity, and privacy of the information we collect about you. These security measures are designed to protect against the accidental or unlawful destruction, loss, misuse, alteration, and unauthorized disclosure of, or access to, the information under our control. However, no system can be 100% secure and we cannot guarantee our security measures.
INTERNATIONAL TRANSFERS
We and our vendors and partners may process, transfer, and store information about you in connection with the Services in the United States and other countries that may not have privacy laws equivalent to the country where you reside. We take steps to apply appropriate safeguards when we transfer that information.
When your information is in another country, it may be accessed by the courts, law enforcement, and national security authorities pursuant to the laws of that country. If you reside in the UK, EU, EEA or Switzerland, we rely on Standard Contractual Clauses and/or other approved legal mechanisms to transfer personal information from the UK, EU, EEA or Switzerland to countries located outside of these locations (as applicable). To request a copy of such Standard Contractual Clauses, if applicable, please make a data request as provided under the Data Rights or Contact Us section.
OTHER MOON STUDIOS TERMS, THIRD-PARTY TERMS, AND LINKS TO OTHER SITES
Use of our services and products may be subject to other terms and disclosures provided by us, platform manufacturers, and other partners, including: (i) the terms that accompanied your purchase; (ii) terms applicable to online Services; (iii) other terms and disclosures made available to you by us or third parties. We are not responsible for practices on third-party sites that may be linked to the Services.
---Third-Party Services
If you connect to us through third-party services such as platform, mobile device, gaming, and social networking accounts, that third-party's terms and privacy policy govern your use of that service. We are not responsible for third-party services.
---Third-Party Sites
Our Services may direct you to third-party sites. If we link to another site, it is not an endorsement, authorization, or representation of our affiliation with that third party. Please review the privacy policy of the other site before you submit any of your personal information to that site.
CONTACT US
If you have questions about this Privacy Policy, please contact us at:
Moon Studios GmbH, Neustiftgasse 14, 1070 Vienna, Austria, privacy@moongamestudios.com
CHANGES TO PRIVACY POLICY
We reserve the right to make changes to this Privacy Policy. Please check back from time to time to review these changes. If we change this Privacy Policy in a material way, we will provide appropriate notice to you and, as appropriate, provide additional choices regarding such change. As permitted by applicable law, your continued use of the Services means that you accept these changes.
By clicking ACCEPT, you agree to our TERMS OF SERVICE and acknowledge our PRIVACY POLICY applies.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS FOR ALL USERS RESIDING IN THE UNITED STATES AND ANY OTHER TERRITORY OTHER THAN AUSTRALIA, SWITZERLAND, THE UNITED KINGDOM, OR THE TERRITORIES OF THE EUROPEAN ECONOMIC AREA.
FOR COVERED USERS, UNLESS YOU OPT-OUT VIA THE PROCESS IN SECTION 11.5(3), YOU WILL BE BOUND BY THE ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AND MOON STUDIOS WILL BE REQUIRED TO RESOLVE ANY DISPUTE, SUBJECT TO LIMITED EXCEPTIONS, BY FINAL AND BINDING INDIVIDUAL ARBITRATION. THE ARBITRATION CLAUSE WAIVES YOUR RIGHT TO A JURY TRIAL, AND TO PARTICIPATE IN CLASS ACTION, COLLECTIVE ACTIONS, AND ALL OTHER TYPES OF COURT PROCEEDINGS. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND – UNLESS YOU VALIDLY OPT-OUT -- EXPRESSLY AGREE TO THE MANDATORY ARBITRATION CLAUSE AND CLASS ACTION / JURY TRIAL WAIVER
PLEASE SEE SECTION 11 OF THIS AGREEMENT FOR MORE INFORMATION ABOUT MANDATORY ARBITRATION, THE AFFECT ON YOUR LEGAL RIGHTS, AND YOUR TIME-LIMITED RIGHT TO OPT OUT.
TERMS OF SERVICE
Last Updated: July 1, 2025
Moon Studios GmbH is an Austrian limited liability company located at Neustiftgasse 14, 1070 Vienna, Austria (“Moon Studios”, “we,” “us,” and ”our”). These Terms of Service (“Agreement”) cover the terms and conditions by which we offer you access to use our games, apps, products, websites, and other services (the “Services”). This Agreement is a legal contract between you and Moon Studios. By accessing our Services, you are agreeing to be bound by the terms of this Agreement.
Nothing in this Agreement is intended to limit or exclude the application of any mandatory consumer laws in your jurisdiction of residence. If you do not agree to all of the terms in this Agreement, you are not permitted to use the Services.
1. YOUR USE OF THE SERVICES.
1.1 Age Restrictions and Legal Responsibility. As used in this Agreement, “you” or “your” means the individual user interacting with our Services; if such user is under 18 (or the minimum legal age of adulthood in your country), then “you” or “your” means the user’s parent or legal guardian entering into this Agreement on the user’s behalf. You, or any person under your supervision, should only use the Services if you, or the person under your supervision, are above the minimum age rating for the applicable Service. Minors under 18 (or the legal age of adulthood in your country), must ask their parent or guardian to review and explain this Agreement to them, and to agree to this Agreement on their behalf. If you accept this Agreement on behalf of a minor, you should supervise the minor’s use of the Services as You are legally and financially responsible for all of the minor’s actions while using or accessing the Services.
1.2 Modifications to This Agreement. We reserve the right to modify this Agreement, in whole or in part, at any time. We will endeavor to notify you of any such modifications in advance of the modified Agreement taking effect. If you do not wish to agree to the terms of the modified Agreement, you may no longer be able to access the Services once the modified Agreement takes effect. We will try to inform you about this legal consequence when notifying you of the modified Agreement. By actively accepting the modified Agreement, or by continuing to use the Services after the modified Agreement becomes effective, you agree to be bound by the modified terms of this Agreement.
1.3 Your Account. Some elements of the Services may require that you create an account, whereas for other Services, an account may be automatically created for you when you access the Services for the first time (each an “Account”). To create an Account, you may be asked to provide your age information and country/region, and then provide an email address, a username, a password, and such other information as we may deem necessary in connection with the creation of your Account, all of which will be processed and stored in accordance with our Privacy Policy below. You must provide accurate, current, and complete information about you when creating an Account. You are responsible for keeping your Account username and password secret. You also agree not to sell, transfer, or share your Account, or your Account’s username or password, and you agree to notify us immediately if you suspect any unauthorized use of your Account. We have the right to deny the creation of any Account, for any legitimate reason, and we reserve the right to terminate any Account that violates this Agreement in accordance with the termination provisions below and to delete any Account information in accordance with our Privacy Policy below.
2. LIMITED LICENSE.
2.1 We Reserve All Rights to our IP. We, and our licensors, own and reserve all rights, title, and interest in and to the Services, including all: (1) information, text, data, files, code, scripts, designs, graphics, artwork, illustrations, photographs, sounds, music, titles, themes, objects, characters, names, dialogue, locations, stories, plot, animation, concepts, audio-visual effects, virtual goods, interactive features, gameplay, methods of operation, the compilation, assembly, and arrangement of the materials of the Services, or your Account, and all other copyrightable material; (2) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including ours; and (3) other forms of intellectual property (all of the foregoing, collectively “Content”).
2.2 Your Personal, Non-Commercial Use. Subject to the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services, for your personal, non-commercial enjoyment. The Services, including the Content, are licensed, not sold. This license is personal to you only and does not give you any ownership rights in any of the Services, Content, or your Account.
2.3 Restrictions. The limited license granted in this Agreement does not give you any right to, and you may not, sell, copy (except under applicable legal exceptions such as the “private copy” exception under applicable law), loan, lease, distribute, disassemble, decompile, decrypt, hack, derive source code from, reverse engineer (except where permitted under applicable legal exceptions deriving from EU Directive 2009/24 or other applicable law), modify, create derivative works, commercialize, or otherwise exploit the Services (including the Content), or your Account unless subject to separate, express written terms provided by Moon Studios permitting such conduct.
2.4 Legal Effect. This license describes certain legal rights. You may have other rights under the laws of your state or country. This license does not change your rights under the laws of your state or country if the laws of your state or country don’t permit it to do so.
3. USER RULES.
3.1 No Illegal Conduct or Unauthorized Commercial Exploitation. You agree that:
(1) You will only use the Services for lawful purposes, in compliance with applicable laws.
(2) You will not use the Services in connection with any wager of any money or other thing of value unless subject to separate, express written terms provided by Moon Studios permitting such conduct.
(3) You will use the Services for your own personal, non-commercial use, and you will not commercially exploit the Services unless subject to separate, express written terms provided by Moon Studios permitting such conduct. This includes participating in, enabling, or encouraging the collection, sale, or exchange of anything from the Services that is not explicitly authorized by Moon Studios; facilitating, creating, or maintaining any unauthorized connection to the Services (including, any unauthorized server that modifies, emulates, or otherwise connects to any of the Services).
3.2 Respect Intellectual Property. You agree that you will not use the Services to create, upload, or distribute anything that infringes any third party’s copyright, trademark, or other intellectual property rights.
3.3 Code of Conduct. You agree that:
(1) You will not use improper or unauthorized means to interfere with or adversely impact any other user’s ability to use the Services as intended; to gain an unfair gameplay advantage; or to gain access to Content to which you do not have valid entitlement. This includes the use of cheats, unauthorized mods, hacks, glitches, or other technical exploits, and phishing, scamming, or social engineering.
(2) You will not use the Services to create, upload, or distribute anything that violates or invades another person’s privacy or other rights.
(3) You will not use the Services to engage in conduct that is abusive, bullying, harassing, or is reasonably understood to be a physical or verbal threat against another person.
(4) You will not use the Services to create, upload, or distribute any other material or engage in any conduct that is otherwise illegal or use the Services to violate another person’s rights.
3.4 No Technical Exploits. You agree that:
(1) You will not use IP proxying or other methods to disguise your location or place of residence including, without limitation, to circumvent geographical restrictions on access to Content, access controls, or technical protective measures; or to engage in activities that are unlawful based on applicable local law.
(2) You will not, unless subject to separate, express written terms provided by Moon Studios, use the Services via, or copy any Content to, a remote server, virtual PC, or other system or network including, without limitation, one that enables (or purports to enable) such Services or Content to be downloaded or streamed to one or more separate internet-enabled devices.
(3) You will not use, promote, or make available any bug, glitch, exploit, cheat, hack, script, bot, unauthorized mod, or other methods designed to maliciously interact with the Services, including without limitation, to breach this Agreement; to collect information or user data; exploit system vulnerabilities; circumvent content moderation or filtering systems; or otherwise intercept, redirect, or interfere with the operation of the Services.
(4) You will not reverse engineer, decompile, or disassemble (except where permitted under applicable legal exceptions deriving from EU Directive 2009/24 or other applicable law), display, perform, prepare derivative works based on, or otherwise modify the Services, in whole or in part, without our explicit prior written consent.
(5) You will not use the Services to distribute, upload, or transmit any software, scripts, code, or other information (including, but not limited to, any virus, worm, timebot, cancelbot, trojan horse, hacks, or other harmful code) to modify or alter the Services in any unauthorized way, or to transmit such information.
3.5 Supporting or Encouraging Violations. You agree that you will not provide material support to another user’s violation or attempted violation of this Agreement. This includes providing financial support; know-how, expertise, or other assistance; or repeated encouragement to engage in conduct that violates this Agreement.
3.6 Applicability to Employees, Agents, and Contractors. For clarity, the rules for conduct and behavior in this Section3 apply to your communications and interactions with Moon Studios’ employees, agents, and contractors including, without limitation, individuals on our customer support, engineering, security, or community teams.
3.7 Consequences for Violations. If you breach the Agreement, including without limitation the User Rules in this Section 3 (as amended from time to time), Moon Studios reserves the right to take adverse action against you including, without limitation: resetting some or all in-game progress associated with your Account; suspending your access to some or all of the Services or your Account; terminating your access to some or all of the Services, or closing your Account in accordance with the termination provisions below; barring you from creating an Account or accessing the Services in the future; or taking appropriate legal action to enforce this Agreement or our other rights under applicable law. We may notify law enforcement or other government agency or regulatory body, and provide any associated personal data as set out in our Privacy Policy below, if the breach involves a threat to the life or safety of yourself or others, or any other activity that we believe to be unlawful. We reserve the right to take adverse action against you based on information we might receive from third parties including, without limitation, other users, law enforcement, government agencies or other regulatory authorities. We are not liable for any violation of this Agreement by you or by any other user.
3.8 Monitoring; User Tools and Automated Systems. We may (but are not obligated to) actively monitor use of the Services for a variety of different purposes, including preventing cheating and hacking; ensuring your compliance with this Agreement; enforcing the terms of this Agreement; and improving the Services.
The features and tools described above may incorporate algorithms, artificial intelligence, machine learning, or other automated systems to help us accomplish the purposes described in this Section at the scale and scope needed to effectively maintain the Services for our users.
4. UPDATES AND FEATURES.
4.1 Updates and Modifications. We may provide patches, updates, or upgrades to the Services that may be required to continue using the Services, including automatic or “in the background” updates without notice to you. Such updates are subject to this Agreement unless other terms are presented with the updates, in which case, those other terms apply. We are not obligated to make any updates available. We do not guarantee that we will support the version of the system or device for which you licensed, obtained, or purchased any part of the Services, unless we have made claims regarding compatibility. We may from time to time, without additional cost to you, modify, alter, or suspend, whether in whole in part, any of our Services for a valid reason. Valid reasons include, without limitation: improvement of our Services; changes necessary for game balancing, for bug fixing or to prevent or counter exploits; changes that are necessary due to a new technical environment or an increased or decreased number of users; suspected or actual intellectual property infringement; changes in licenses we hold from third parties or other third-party compliance requirements; termination of agreements we have with third-parties for whatever reason; discontinuance of the supply, by a third-party, of a service or feature which is part or interconnected with our Services; changes of specific and verifiable open market costs; necessary enhancements for the safety of users or other third parties; or other material, legal, regulatory, or security reasons.
4.2 Availability. The Services may be offered for a limited time, or may vary depending on your region or device. Similarly, if you change regions, you may no longer be able to access certain Services or Content that you were able to access in your previous region if such Services or Content are prohibited by the applicable laws of the new region in which you are present.
4.3 Internet-Based Services. The Services may require a connection to the internet via a wireless or cellular network and, as a result, may therefore receive certain standard information about the device, system, and software used by you to connect to the Services. Such information is collected and used by us in accordance with our Privacy Policy below. You are solely responsible for the maintenance and reliability of your internet connection at your own cost and for any usage fees which may arise as a result of your access to the Services via any wireless or cellular network.
5. YOUR RESPONSIBILITIES TO US.
You agree to defend, indemnify and hold harmless Moon Studios from and against any and all direct liabilities, damages, losses arising out of or in connection with: (1) your breach of this Agreement; (2) any information or content provided by you that infringes the rights of a third party when used by us in accordance with this Agreement; and (3) your unlawful acts or omissions. We can assist, at our own expense, in the defense of any matter subject to indemnification by you, and in such case, you agree to cooperate with us, and we will take reasonable steps to mitigate our losses. However, you are not required to indemnify Moon Studios in respect of any liabilities, damages or losses arising out of or in connection with the negligent acts or omissions, fraud, or willful misconduct by Moon Studios, Moon Studios’ officer’s employees, contractors or agents, or to the extent you are not responsible for the breach.
You are solely responsible for any third party costs you incur to use the Services.
6. TERMINATION.
You may stop using the Services at any time and terminate this Agreement by destroying or deleting all copies of any materials or software in your possession and by deleting your Account. In addition, you may request that we delete your Account, and your personal information, at any time in accordance with our Privacy Policy below.
For any Services provided to you for an indefinite period of time, we have the right to terminate this Agreement and your access to the Services, or cease providing such Services, at any time for any reason in our sole discretion. If we have reasonable means to contact you and where practicable, we will try to inform you reasonably in advance of any such termination or cessation of Services taking effect. Where it is not practicable to inform you in advance, we will try to inform you promptly afterwards. If your habitual residency is in Germany, the right of both parties to extraordinary termination for good cause shall remain unaffected. Good cause exists if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
We may immediately terminate or suspend your right to access any aspect of the Services if you: breach this Agreement; use the Services fraudulently, illegally, or in any manner other than for its intended purposes; initiate any adverse proceeding against us; or if we are under a legal obligation to do so. If we decide to terminate or suspend your right to access some or all of the Services, we will try to inform you in advance of such termination or suspension unless the action is taken under a legal obligation that does not require us to inform you or if it is not practicable for us to do so.
You acknowledge and agree that if this Agreement is terminated, the licenses granted to you under this Agreement shall immediately terminate.
7. PHOTOSENSITIVE SEIZURE WARNING.
A very small percentage of individuals may experience epileptic seizures when exposed to certain light patterns or flashing lights, including some of the visual effects that appear in certain video games. Symptoms may even be experienced by individuals with no history of epilepsy or photosensitivity. If you or anyone in your family have an epileptic or photosensitivity condition, please consult your physician before playing any of our video games.
If you experience any of the following symptoms while playing any of our video games, immediately discontinue use and consult your physician before resuming play: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
8. MISCELLANEOUS.
8.1 General. This Agreement, together with any documents or policies linked to herein, is the entire agreement between you and us for your use of the Services. It supersedes any prior written agreements between you and us regarding your use of the same. You agree that we may assign this Agreement, in whole or in part, at any time. If our assignment leads to a change of us as the contracting party, you have the right to terminate this Agreement. You may not assign your rights or transfer your obligations under this Agreement.
8.2 Export Laws. You must comply with all applicable domestic and international export laws and regulations (which may be amended from time to time) that apply to the Services. You agree not to use, export, re-export, download, or otherwise transfer any part of the Services into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons list and other sanctions lists administered by the Office of Foreign Assets Control (OFAC). You represent and warrant that you are not located in, under the control of, or a national or resident of an embargoed country and that you are not a Specifically Designated National or Blocked Person.
9. CONTACT US.
If you have any questions or concerns about the Services or this Agreement, please contact us at:
Moon Studios GmbH, Neustiftgasse 14, 1070 Vienna, Austria, privacy@moongamestudios.com
10. GOVERNING LAW, DISPUTES, AND LIABILITY: AU, CH, EEA, UK.
If you are habitually resident in Australia, Switzerland, the United Kingdom, or any territory in the European Economic Area, the terms of this Section 10 apply to your legal contract with Moon Studios. If you habitually reside outside of these territories or jurisdictions, please see Section 11 below.
10.1 Governing Law and Jurisdiction. This Agreement shall be governed by, and construed under, the laws of your country of residence without regard to conflict of laws rules. The exclusive jurisdiction for all disputes will be the competent courts of your country of habitual residence.
10.2 Limitations of Our Liability. IN NO EVENT SHALL MOON STUDIOS BE LIABLE TO YOU FOR ANY INDIRECT LOSSES OR DAMAGES OR FOR ANY BREACH OF ITS OBLIGATIONS DUE TO A FORCE MAJEURE EVENT, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE ANY NON-EXCLUDABLE RIGHTS OR DAMAGES THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR FRAUD, OR FOR DEATH OR ANY PERSONAL INJURY ARISING AS A RESULT OF OUR NEGLIGENCE.
If any applicable law provides that there is a guarantee in relation to any good or service supplied by us in connection with this Agreement, and our liability for failing to comply with that guarantee cannot be excluded but may be limited, then our liability for such failure is limited to (at our election), in the case of a supply of goods, us replacing the goods or supplying equivalent goods, repairing the goods, or providing you with a full or partial refund, or in the case of a supply of services, us supplying the services again, providing you with a refund for the unused portion or compensation for its reduced value.
11. GOVERNING LAW, DISPUTES, AND LIABILITY: UNITED STATES & REST OF WORLD.
If you are habitually resident in the United States or any territory other than Australia, Switzerland, the United Kingdom, or any territory in the European Economic Area, the terms of this Section 11 apply to your legal contract with Moon Studios. If you habitually reside in Australia, Switzerland, the United Kingdom, or any territory in the European Economic Area, please see Section 10 above.
11.1 Governing Law and Jurisdiction. This Agreement is entered into in the State of California and shall be governed by, and construed under, the laws of the State of California without regard to conflict of law rules. Except as otherwise expressly set out in Section 11.5, the exclusive jurisdiction for all disputes between you and Moon Studios are the state and federal courts located in Los Angeles, California, and you and Moon Studios each accept personal jurisdiction and waive all objections to venue in such courts.
11.2 Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." NEITHER MOON STUDIOS, ANY DIGITAL STOREFRONT, NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, OR LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES, PROMISES, OR GUARANTEES OF ANY KIND WHATSOEVER AS TO THE SOFTWARE, CONTENT, THIRD PARTY SERVICES, OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. NEITHER MOON STUDIOS NOR ANY DIGITAL STOREFRONT WARRANT THAT THE SERVICES OR THIRD PARTY SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES. TO THE FULLEST EXTENT PERMITTED BY YOUR LOCAL LAW, MOON STUDIOS AND EACH DIGITAL STOREFRONT DISCLAIM ANY IMPLIED WARRANTIES INCLUDING FOR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY.
11.3 Limited Hardware Warranty. We warrant to the original consumer purchaser of the Services that the physical storage media containing the Services (the “Goods”), if any, will be free from defects in material and workmanship for 90 days from the date of purchase under normal use. If the Goods are found to be defective within 90 days of the original purchase, we agree to replace, free of charge, the applicable defective Goods within the applicable 90 day period, upon our receipt of the Goods (postage paid, with proof of the date of purchase) so long as the Goods are still being manufactured by us. If the Goods are no longer available, we reserve the right to substitute similar goods of equal or greater value. This warranty is limited to the Goods, as originally provided by us, and is not applicable to normal wear and tear. This warranty shall not apply if the claimed defect arises through abuse, misuse, mistreatment, or neglect of the applicable Goods. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
11.4 Limitations of Our Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOON STUDIOS OR ANY DIGITAL STOREFRONT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.
In the event you have any basis for recovering damages arising from the Services or a breach of this Agreement, you agree that your exclusive remedy is limited to recovery of direct damages and the maximum liability is limited to the greater of USD $500 or the amount you have spent on the Services at issue in your claim in the 24 months preceding the date your claim arose.
The limitations and disclaimers in this Agreement do not purport to limit liability or alter your rights as a user that cannot be excluded or limited under applicable law. With respect to this Agreement, any provisions concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.
11.5 Dispute Resolution: Binding Individual Arbitration; Waiver of Class Actions and Jury Trials. If you have an issue with the Services that cannot be resolved by contacting us, this Section 11.5 (the “Arbitration Agreement”) explains how you and Moon Studios agree to resolve any Disputes by binding, individual arbitration, subject to limited exceptions described below.
PLEASE READ THIS SECTION CAREFULLY— IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
(1) Binding Individual Arbitration. You and Moon Studios agree that, if not resolved through the informal negotiation process described below, any Disputes between us shall be exclusively resolved by individual, binding arbitration under this Arbitration Agreement. Subject to the exclusions in Section 11.5(10), a “Dispute” means any dispute, claim, or controversy arising from or related to the Services, including those related to the formation, breach, termination, enforcement, scope, validity, or applicability of the Agreement or the Arbitration Agreement, or your rights under those agreements. All Disputes are subject to the Arbitration Agreement regardless of whether they arose before or after you accepted the Agreement.
The arbitrator – not a federal, state, or local court, or government agency – shall have exclusive authority to resolve any Disputes, including those related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, and any claim that all or part of the Arbitration Agreement is void or voidable. The arbitrator shall also have authority to determine all threshold arbitrability issues, including related to whether the Agreement or the Arbitration Agreement are unconscionable or illusory; whether the Arbitration Agreement has been disaffirmed under applicable law; and any defense to arbitration including waiver, delay, laches, or estoppel. The arbitrator may award the same remedies as a court could, but only to the extent required to satisfy the individual Dispute at issue.
(2) Class Action / Jury Trial Waiver. You and Moon Studios each waive all rights to a trial by jury in any action or proceeding involving any Disputes in any forum. You and Moon Studios each waive all rights to participate in any purported class, collective, representative, or consolidated action or proceeding. Unless you and Moon Studios agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of consolidated, representative, group, or class proceeding. All Disputes shall be arbitrated on an individual, non-class, and non-representative basis only. This means that the arbitrator will resolve your individual Dispute with Moon Studios separate from any other Dispute, and that your Dispute cannot be consolidated or joined with another person’s or party’s claims. The arbitrator may award relief permitted by applicable law only with respect to the individual party seeking relief, but to the maximum extent permitted by applicable law, may not award relief respecting any person other than that individual party seeking relief. If any court or arbitrator determines that this Class Action/Jury Trial Waiver is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then this Arbitration Agreement shall be deemed null and void in its entirety, and you and Moon Studios shall be deemed to have not agreed to arbitrate Disputes.
(3) Applicability; Your Right to Opt Out. This binding individual arbitration requirement will not apply to the extent prohibited by the laws of your country or state of residence. You have the right to opt out of this Arbitration Agreement. You must notify us in writing within 30 days of the date that you first accept this Agreement (“Opt-Out Notice”) unless a longer period is required by applicable law.
Your Opt-Out Notice must be sent to:
Gerald Muller, WP/StB Mag., Head of Finance, Moon Studios GmbH, Neustiftgasse 14, 1070 Vienna, Austria, privacy@moongamestudios.com
The Opt-Out Notice must include: (1) your full name; (2) your mailing address; (3) your Account name, if you have one; and (4) a clear, signed statement that you do not agree to the Arbitration Agreement. You are responsible for ensuring our receipt of your Opt-Out Notice; you therefore may want to send your notice using a delivery method that provides you with a written receipt of delivery.
(4) Dispute Resolution Procedures. Except for claims brought under Section 11.5(10),any Dispute between you and Moon Studios must be resolved through the following steps:
Step 1: Notice of Dispute. If you have a Dispute with us, you must send written notice of the Dispute (“Notice of Dispute”) to us at the following address:
Gerald Muller, WP/StB Mag., Head of Finance, Moon Studios GmbH, Neustiftgasse 14, 1070 Vienna, Austria, privacy@moongamestudios.com
To be considered complete, your Notice of Dispute must include the following information: (1)your name, (2) Account name or registered email address you use to access the Services, (3)your mailing address, (4) how to contact you, (5) what the problem is, and (6) what you want us to do about it.
If Moon Studios has a Dispute with you, we will send our Notice of Dispute to your registered email address and any billing address you have provided us or, if these options are not available, to other reasonable contact information you have provided us.
Step 2: Informal Negotiation. To help us get to a resolution faster and reduce the costs for both parties, you and Moon Studios agree to first attempt to informally negotiate any Dispute for at least 30 days. Those informal negotiations will start on the day you or Moon Studios receive a written Notice of a Dispute.
Step 3: Binding Arbitration. If we cannot resolve the Dispute informally, the Dispute (except as set out in Section 11.5(9) and (10) below) will be resolved exclusively via binding individual arbitration conducted by the Judicial Arbitration Mediation Services, Inc. (https://www.jamsadr.com/) (“JAMS”) subject to the terms in this Arbitration Agreement, the U.S. Federal Arbitration Act and federal arbitration law.
(5) Demand for Arbitration. The party starting an individual arbitration must send JAMS a “Demand for Arbitration” (using the form available on its website), pay any applicable filing fee, and mail a copy of the Demand for Arbitration to the opposing party. If you have a Dispute with us, you must send a copy of your Demand for Arbitration to:
Gerald Muller, WP/StB Mag., Head of Finance, Moon Studios GmbH, Neustiftgasse 14, 1070 Vienna, Austria, privacy@moongamestudios.com
Moon Studios will send our copy of our Demand for Arbitration to your registered email address and any billing address you have provided us or, if these options are not available, to other reasonable contact information you have provided us.
(6) Individual Arbitration Procedure.
Rules. Individual arbitration between you and Moon Studios will occur under the Streamlined Arbitration Rules and Procedures issued by JAMS as of the date of the Notice of Dispute (the “JAMS Rules”) and as modified by this Arbitration Agreement. Please see www.jamsadr.com (http://www.jamsadr.com) for more information about JAMS and the JAMS Rules. You and Moon Studios agree that the arbitration will be conducted in English and that the arbitrator will be bound by this Arbitration Agreement.
Discovery and Evidence. Discovery in the arbitration shall be limited to the production of documents that are directly relevant to significant issues in the case or to the case’s outcome. The arbitrator shall make all determinations related to the admissibility or relevance of evidence under the Federal Rules of Evidence.
Dispositive Motions & Hearing Location. The arbitrator shall allow for dispositive motions. The location and method of the parties’ appearance at the arbitration proceeding, if any, will be determined by the JAMS Rules.
Confidentiality. The arbitrator shall issue an order providing that the arbitration proceedings and all notices, pleadings, motions, discovery responses, testimony, and documents exchanged or filed related to such proceedings be kept strictly confidential.
Fees. The parties will bear any arbitration costs as determined by the JAMS Rules.
Decision & Award. The arbitrator (not a judge or jury) will resolve the Dispute. Unless otherwise agreed, any decision or award shall set forth the factual and legal basis for the award. The arbitrator shall be permitted to award only those remedies permitted by applicable law or in equity which are supported by credible relevant evidence as determined by the Federal Rules of Evidence. Unless Moon Studios expressly consents, the arbitrator may not award relief against Moon Studios respecting any person other than you. Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement. The arbitrator’s decision is final and binding on the parties, except for a limited review by courts under the U.S. Federal Arbitration Act and can be enforced like any other court order or judgment.
(7) Time Limit for Claims. To the extent permitted by applicable law, if a Dispute must be arbitrated, you or Moon Studios must start arbitration of all Disputes within two (2) years of the events giving rise to the Dispute. If applicable law requires you to bring a claim for a Dispute sooner than two (2) years after the Dispute first arose, you must start arbitration in that earlier time period. Moon Studios encourages you to tell us about a Dispute as soon as possible so we can work to resolve it. Failure to timely engage in dispute resolution will permanently bar all claims.
(8) Non-Arbitrable Claims. Notwithstanding anything to the contrary herein, if the arbitrator may not legally adjudicate or award a particular legal or equitable claim or remedy, such claim or remedy shall be stayed until all other claims and remedies are final and the arbitration completed. Thereafter, the remaining claims must be litigated in a federal or state court of competent jurisdiction in Los Angeles, California and, if meritorious, such court may award the remaining remedy. To the extent any claims are allowed to proceed on a class, collective, consolidated, group, or representative basis, such claims must be litigated in a federal or state court of competent jurisdiction in Los Angeles, California, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims remaining in arbitration. In all cases described in this Section 11.5(8), the federal or state court shall be bound under the principles of claim or issue preclusion by the decision of the arbitrator. Suits brought in state court may be removed to federal court by either party if permissible under applicable law.
(9) Exception – Mass Arbitration Procedure.
Mass Arbitration. A “Mass Arbitration” means 5 or more Disputes relating to the same or similar subject matter, which share common issues of law or fact, or in which the counsel or other organization representing the parties in such Disputes are the same, cooperating, or working in coordination. A “Mass Arbitration Dispute” means an individual Dispute that forms a part of a Mass Arbitration. Nothing in this Section shall be interpreted as authorizing a consolidated, representative, group, or class proceeding. Moon Studios reserves all rights and defenses as to each and any Demand for Arbitration and claimant.
Rules for Mass Arbitration. Notwithstanding the parties’ agreement to have all Disputes administered by JAMS on an individual basis, you and Moon Studios agree that if your Dispute is (or becomes) a Mass Arbitration Dispute, it shall not be governed by the JAMS Rules or administered by JAMS. Instead, Mass Arbitration Disputes shall be administered by New Era and governed by the New Era Rules in effect when the Mass Arbitration Disputes are filed, excluding any rules that permit arbitration on a class-wide basis (the “New Era Rules”), and this Arbitration Agreement. The New Era Rules are available at www.neweraadr.com/rules-and-procedures (https://www.neweraadr.com/rules-and-procedures/). For clarity, the New Era Rules shall be modified by the terms of this Arbitration Agreement.
Batching of Mass Arbitration Disputes. To facilitate efficient resolution of Mass Arbitrations, after 60 Mass Arbitration Disputes have been accepted related to a single Mass Arbitration (the “Initial Batch”), New Era shall not accept any additional Demands for Arbitration related to such Mass Arbitration until 60 days after the final resolution of all Bellwether Cases from the Initial Batch and the subsequent Settlement Conference provided for under the New Era Rules. Thereafter, any additional Mass Arbitration Disputes related to the ongoing Mass Arbitration may be accepted and resolved under the New Era Rules on the same terms as if such Mass Arbitration Disputes had been filed and accepted as part of the Initial Batch. The delay in the acceptance of a Mass Arbitration Dispute under this provision shall be excluded when calculating the relevant time limit to bring a Dispute under this Arbitration Agreement. Moon Studios and the party to any Mass Arbitration Dispute that would otherwise be delayed under this provision may agree to waive the delay and include such Mass Arbitration Dispute in the Initial Batch. You agree to cooperate in good faith to implement this batch-based process.
Severability for Mass Arbitration. If any court or arbitrator determines that this Section 11.5(9) is void or unenforceable for any reason, or if New Era declines to administer any Mass Arbitration Dispute as a Mass Arbitration, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and Moon Studios shall be deemed not to have agreed to arbitrate such Disputes.
(10) Exclusion from Arbitration. Notwithstanding the parties’ decision to resolve all Disputes through binding individual arbitration, you and Moon Studios may bring an action in state or federal court that only asserts any of the following claims: patent infringement or invalidity; copyright infringement (including, without limitation, based on use of the Services following a breach of, or termination of rights under, the Agreement); moral rights violations; trademark infringement; trade secret misappropriation; or computer fraud and abuse. Either party to a Dispute may seek relief in a small claims court for any individual Disputes or claims within the scope of that court’s jurisdiction, including by seeking to have an arbitration pending under this Arbitration Agreement moved to such small claims court on this basis.
(11) Limitation on Changes to Arbitration Provision. We may update this Agreement, including the Arbitration Agreement, at our discretion in accordance with Section 1.2. Notwithstanding any other provision of this Arbitration Agreement, if Moon Studios changes any of the terms of this Arbitration Agreement after the date you first accepted the Arbitration Agreement (or accepted any subsequent changes to the Arbitration Agreement), you may reject the new changes. To reject the new changes to the Arbitration Agreement, you must notify us in writing within 30 days of the effective date of the changes you seek to reject, as indicated by the “Last Updated” date above. Your rejection notice must be sent to:
Gerald Muller, WP/StB Mag., Head of Finance, Moon Studios GmbH, Neustiftgasse 14, 1070 Vienna, Austria, privacy@moongamestudios.com
The rejection notice must include (1) your full name; (2) your mailing address; (3) your user account name, if you have one; and (4) a clear, signed statement that you reject the changes to this Arbitration Agreement. For clarity, if you previously accepted the Arbitration Agreement, your rejection of changes to the Arbitration Agreement does not mean that you opt out; you and Moon Studios will still arbitrate any Dispute between you and Moon Studios under the terms of the Arbitration Agreement as of the date you first agreed or the effective date of the last version of the Arbitration Agreement you accepted (as indicated by the “Last Updated” date above), whichever is later.
(12) Severability. Except as set forth in Sections 11.5(2) and (9), if any clause within this Arbitration Agreement is found to be invalid, unenforceable, or illegal, that clause or portion will be severed, and the remainder of this Dispute Resolution section will be given full force and effect.
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PRIVACY POLICY
Last Update: July 1, 2025
Moon Studios GmbH, an Austrian limited liability company located at Neustiftgasse 14, 1070 Vienna, Austria (“Moon Studios”, “we,” “us,” and ”our”), is a leading developer, publisher and marketer of interactive entertainment. This Privacy Policy explains data practices for the products, games, services, and websites provided by Moon Studios ("Services"). Please read this Privacy Policy carefully, and keep in mind that our practices and the data we collect may differ depending on how you use the Services. The Services are also subject to any other terms and policies included in our Services. This Privacy Policy supplements privacy disclosures provided with your software product and from your platform manufacturer.
Notice at Collection of Personal Information: Please see the Categories of Information Collected and How We Use Personal Information and Our Legal Grounds sections for an overview of what information we collect, and why, and the Data Rights section for information about how to exercise your privacy rights, including opting out of the sale or sharing of your personal information.
CATEGORIES OF INFORMATION COLLECTED
The type of information we collect depends on how you use the Services. However, generally, we may collect the following information:
* Identifiers / Contact Information: Name, user name, gamertag, postal and email address, phone number, unique IDs, mobile device ID, platform ID, gaming service ID, advertising ID (IDFA, Android ID) and IP address
* Protected Characteristics: Age and gender
* Commercial Information: Purchase and usage history and preferences, including gameplay information
* Billing Information: Payment information (credit / debit card information) and shipping address
* Internet / Electronic Activity: Web / app browsing and gameplay information related to the Services; information about your online interaction(s) with the Services or our advertising; and details about the games and platforms you use and other information related to installed applications
* Device and Usage Data: Device type, software and hardware details, language settings, browser type and version, operating system, and information about how users use and interact with the Services (e.g., content viewed, pages visited, clicks, scrolls)
* Profile Inferences: Inferences made from your information and web activity to help create a personalized profile so we can identify goods and services that may be of interest
* Audio / Visual Information: Account photos, images, and avatars, audio information via chat features and functionality, and gameplay recordings and video footage (such as when you participate in playtesting)
* Sensitive Information: Precise location information (if you allow the Services to collect your location), account credentials (user name and password), and contents of communications via chat features and functionality.
HOW WE USE INFORMATION AND OUR LEGAL GROUNDS
We use the information we collect within Moon Studios as follows, pursuant to various legal bases:
* Business Purposes: Provide the Services and support; fulfill orders and requests; improve the Services and our business; develop new products and services; enhance your experience on the Services; protect the security for our users, employees, facilities, and Services; and develop internal marketing and demographic studies
* Commercial Purposes: Market and advertise our and our business partners' products and services; send you promotional materials; and administer promotional activities or events
We also use your information as permitted by law.
We use information we collect for our business purposes, including to:
* Provide the Services
* Fulfill product orders and other requests, respond to your questions, and communicate with you
* Enhance and personalize your experience on the Services, including to recognize you, maintain your preferences and settings, connect you with other users and link to your third-party platform, gaming, and social networking accounts
* Provide technical and other support
* Review the use and operations of the Services, develop new products or services, and conduct analyses to enhance or improve our software, content, marketing, support, and Services
* Conduct internal marketing and demographic studies
* Address issues with the Services or other business needs
* To protect the security or integrity of the Services, users and our business such as by protecting against and preventing violation of our terms and policies, including combating fraud, piracy, cheating, tampering, unauthorized transactions, claims, and other liabilities, and managing risk exposure
* Interact on your behalf with the third-party platform, gaming, and social networking accounts you connect with our Services
* Participate in other processing that we inform you about when you provide your information or when you consent to such processing
* As permitted by law
We use information we collect for commercial purposes, including to:
* Provide you and other users with customized content, targeted offers, and advertising on the Services, via email and text message, or on other sites, mobile applications, or social media on behalf of Moon Studios or our business partners
* Contact you with information and promotional materials
* Administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by us or our business partners
* Analyze our users, in combination with other data, to assess our user base
---Legal Reasons to Process Personal Data
If you are based in a location that requires us to establish legal grounds, we process your information on the following grounds:
* Establish and perform our contract with you (such as the terms applicable to our Services, or to take steps at your request, such as to complete transactions with you and to allow you to play our games online)
* Compliance with a legal obligation
* For our or our partners' legitimate interests, such as to improve our products and services; perform analytics to better understand our users; conduct direct marketing (when we do not need your consent); otherwise supporting our business, operations, and services; and enforce and prevent violations of our terms or policies
* Protect your vital interests or those of another person (for example, another player)
* With your consent, such as when you sign up for direct marketing or you connect your account with a third-party service
SOURCES OF INFORMATION WE COLLECT
How we obtain information depends on how you use the Services. For example, we collect information:
* you provide directly to us, such as when you set up an account, sign-up for marketing, or contact us
* about the games you play (automatically)
* from third-party platforms, such as when you play our games or access our Services with third-party accounts
* automatically, including through cookies and similar tracking technologies
* from third parties, such as advertising networks, business partners, third party information providers, and other players
---Information You Provide
You provide us with information when you use the Services, such as when you:
* create an account or use the Services
* subscribe to marketing and communications
* comment on our message boards, forums, chat rooms, feeds, sites, or other Services
* purchase or redeem one of our products or services, including physical items, virtual items, virtual currency, or add-ons
* download, install, or access demos, programs, or other software
* contact us for support or other purposes
* use our email or share features
* participate in events, contests, promotions, surveys, or playtesting
* participate in an activity where you provide your information
Depending on the Service or your activity, we collect information such as your name, email address, phone number, photo, mailing address / zip code, payment or purchase information, age, gender, password, platform ID, software products played, survey data, geolocation, and the systems or platforms you play on. We combine this information across devices that you use.
---Gameplay Information
When you use the Services, we automatically receive information about your gameplay. Gameplay information includes your platform ID or gaming service ID, game achievements, game scores and performance, IP address, MAC address or other device IDs, other platform / device information, and other information and statistics regarding your use of the Services. We collect gameplay information even if you do not register for the Services. We may combine gameplay information with other information we have about you. We also may use internal and third-party anti-cheat technologies to detect and prevent cheating within our Services.
---Platform, Gaming, and Social Networking Information
We collect information when you access our Services with third-party platform accounts, such as a gaming platform account, gaming network service account, or social networking service account. When you access our Services in this way, the third-party platforms provide us with information about you. For example, depending on your use of, or activity on the third-party platform, we receive your user name, your friends list, or account information necessary to provide the Services. The third-party platform may allow you to control what information is provided to us. We are not responsible for the terms, policies, disclosures or actions of any third-party platforms.
---Cookies and Similar Technologies
We may use cookies, web beacons, pixel tags, Flash cookies, Internet log files, software developments kits and similar tracking technologies to improve and maintain the functionality of our Services; enhance security and fraud prevention; and provide you with targeted advertising. Our system may not respond to Do Not Track requests or headers from some or all browsers. You may also use the cookie preference tool, where available, or visit the Cookie Policy posted on the Service for more information.
---Information from Third Parties
We receive information from third parties to update the information that we collect about you. We may receive information from public databases, platform manufacturers, analytics providers, game developers, and other business partners involved in providing the Services to you, that includes demographic information and information about your interests. We may collect publicly available information, including from social media, to protect our users, employees, facilities, and Services, and to aid investigations. We also receive information from other individuals who use our Services. This may include information about you if you are mentioned in comments on the Services or an individual sends us a direct message.
WHEN WE SHARE INFORMATION
As detailed below, we share your information with:
* vendors that perform support and other services for us
* other third parties (e.g., for collaborative offerings, legal and safety purposes, in connection with the sale or transfer of a business or asset, and other purposes with your permission)
* other users, such as when you participate in open communities or events, or information published on leaderboards
In the last 12 months, Moon Studios has not sold personal information to third-parties.
---Vendors
We use vendors to perform services on our behalf. These vendors provide business, professional or technical support to us, help us operate our business and Services, or administer activities in connection with our business and the Services.
---Third Parties
We share your information with third parties as described in this Privacy Policy, including as follows:
* Collaborative Relationships: When we offer services or promotions in collaboration with a third party who will receive your information for its own use, we will inform you of that at the time of collection and you may choose whether to participate in the offering.
* Legal & Safety: We may share your information to protect the security of our Services, servers, network systems, databases, users and business and in connection with an investigation of fraud, intellectual property infringements, interference with our rights, property or users, or other activity that is illegal or may expose you or us to legal liability, including as required or requested by law enforcement or other government officials. We also may share your information with third parties when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users, or others who may be harmed or may suffer loss or damage, or when we believe that it is necessary to protect our rights, investigate, or enforce our policies, terms, combat fraud, or comply with a judicial proceeding, court order, or legal process served on Moon Studios. We also may share your information when we have reason to believe it is necessary to investigate or enforce our policies, terms, or other legal document or contract related to the Services or rights of a third-party.
* Sale or Transfer of Business or Assets: We may sell or purchase assets during the normal course of our business. We may disclose information about you and transfer that information to another entity as part of a potential or actual acquisition or merger of Moon Studios or any of our assets. If we bring or are defending a reorganization, bankruptcy, or similar event, such information may be considered our asset and sold or transferred to third parties.
* As Disclosed to You: We may share your information as disclosed to you at the time of collection.
---Other Users
If you participate in open communities, such as online gaming sessions and social networking services, we automatically post certain information, such as your user name or ID and gameplay statistics, within the game, on social networking services, on our Services, or on specialized game sites. If you participate in tournaments or other online game events, we must publicly post your information.
We publish gameplay boards and multiplayer match records that contain information based on your use of the Services, such as your user name or ID, when they are essential components of the Services that we offer you and others. Like other gameplay statistic services, your game activity, leaderboards, and multiplayer match information may appear nested in the Services or third-party webpages.
Some third-party services also let you post information about your game activity to their sites to share with others. If you use these features, those third-party services' privacy policies and terms govern your actions on those sites and the information that those services collect.
We combine information collected through various Services and display it publicly, including on our Services, in our games, or in multiplayer game lobbies. For example, if you link your game platform account with us, we may display your in-game achievements along with your account name.
PUBLIC POSTINGS
If you share personal information, post an image or video, or provide other content in public forums such as on a message board, chat room, comment field, or profile page, other people can view, collect, and use that information. If your user name or ID contains your name, your name will be publicly available on leaderboards and elsewhere as described in this Privacy Policy. Users of such public forums may be able to identify you, use the information to send you messages, or copy any of the images, video, or content you have shared. There is no expectation of privacy or confidentiality on any of these public forums. Please do not share your personal information in public forums or in your user name or ID. You are responsible for any information or content you publicly post using our Services.
DATA RIGHTS
Depending on your location, you may have certain rights over your personal information, including the right to:
* Request access to or a copy of your personal information
* Request deletion of your personal information
* Request correction or modification of your personal information
* Be informed about the personal information we collect and/or process about you, the sources of personal information, and the third parties with whom information was shared or sold and for what purposes
* Withdraw consent, if processing is based on consent
* Opt-out of the sale or sharing of your personal information (including targeted advertising)
* Opt-in/out of financial incentives
* Limit the use and disclosure of your sensitive personal information
If you wish to make a data request or appeal a data request decision, please contact Moon Studios using the details provided in the Contact Us section. We will respond to data requests within a month. We may take steps to verify your identity before we can respond to your request. To the extent these rights apply to you, they may be limited in some situations -- for example when we are under a legal requirement or have a compelling interest for processing your personal information, or when the personal information is protected by trade secret. If you have unresolved concerns, where applicable, you may also have the right to complain to a privacy authority. A list of privacy authorities is available here (https://globalprivacyassembly.org/participation-in-the-assembly/list-of-accredited-members/).
You may authorize someone to make a privacy rights request on your behalf (an authorized agent). Authorized agents will need to demonstrate that you've authorized them to act on your behalf, or must demonstrate they have power of attorney pursuant to applicable probate law. We retain the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent's identity.
DATA RETENTION
We'll keep your information for as long as necessary to provide you with the Services, fulfil our legal obligations, and/or exercise, defend or establish our rights.
CHILDREN'S PRIVACY
Generally, we direct our Services to a general audience and we do not knowingly collect personal information from children under 13 years old (or older, if applicable law provides for different protections). We may direct certain Services to an audience of all ages---including children. For these Services, we may restrict the collection of personal information on the Services from anyone, apply an age gate allowing children to use the Services while restricting the collection of personal information on the Services from children, or get a parent's permission to collect personal information from children. If we become aware that a child has provided personal information without a parent's permission, we will promptly delete this information. We encourage parents to instruct their children to never give out their real names, addresses, or phone numbers, without permission, when using the Internet.
DATA SECURITY
We follow generally accepted industry standards and maintain appropriate safeguards to help protect the security, integrity, and privacy of the information we collect about you. These security measures are designed to protect against the accidental or unlawful destruction, loss, misuse, alteration, and unauthorized disclosure of, or access to, the information under our control. However, no system can be 100% secure and we cannot guarantee our security measures.
INTERNATIONAL TRANSFERS
We and our vendors and partners may process, transfer, and store information about you in connection with the Services in the United States and other countries that may not have privacy laws equivalent to the country where you reside. We take steps to apply appropriate safeguards when we transfer that information.
When your information is in another country, it may be accessed by the courts, law enforcement, and national security authorities pursuant to the laws of that country. If you reside in the UK, EU, EEA or Switzerland, we rely on Standard Contractual Clauses and/or other approved legal mechanisms to transfer personal information from the UK, EU, EEA or Switzerland to countries located outside of these locations (as applicable). To request a copy of such Standard Contractual Clauses, if applicable, please make a data request as provided under the Data Rights or Contact Us section.
OTHER MOON STUDIOS TERMS, THIRD-PARTY TERMS, AND LINKS TO OTHER SITES
Use of our services and products may be subject to other terms and disclosures provided by us, platform manufacturers, and other partners, including: (i) the terms that accompanied your purchase; (ii) terms applicable to online Services; (iii) other terms and disclosures made available to you by us or third parties. We are not responsible for practices on third-party sites that may be linked to the Services.
---Third-Party Services
If you connect to us through third-party services such as platform, mobile device, gaming, and social networking accounts, that third-party's terms and privacy policy govern your use of that service. We are not responsible for third-party services.
---Third-Party Sites
Our Services may direct you to third-party sites. If we link to another site, it is not an endorsement, authorization, or representation of our affiliation with that third party. Please review the privacy policy of the other site before you submit any of your personal information to that site.
CONTACT US
If you have questions about this Privacy Policy, please contact us at:
Moon Studios GmbH, Neustiftgasse 14, 1070 Vienna, Austria, privacy@moongamestudios.com
CHANGES TO PRIVACY POLICY
We reserve the right to make changes to this Privacy Policy. Please check back from time to time to review these changes. If we change this Privacy Policy in a material way, we will provide appropriate notice to you and, as appropriate, provide additional choices regarding such change. As permitted by applicable law, your continued use of the Services means that you accept these changes.
By clicking ACCEPT, you agree to our TERMS OF SERVICE and acknowledge our PRIVACY POLICY applies.