Terms of Service
The following terms and conditions govern your access to and use of the Mooncake application, and any related content, products, and services offered by Desmos Labs Limited (collectively, the “Platform”). Please read these terms and conditions carefully before using our Platform.
The Platform is operated by Desmos Labs Limited, a company incorporated in Hong Kong with company registration number 3210522, having its registered office at Flat 3B, Tontex Industrial Building, 2-4 Sheung Hei Street, San Po Kong, Kowloon, Hong Kong (“Desmos Labs”, “we” or “us”). Users of our services are referred to as “users” or “you”.
By using our Platform, you agree to be legally bound by these terms and conditions, as they may be modified or supplemented from time to time (these “Terms”). If you are accessing or using our Platform as a representative of an organization, you are agreeing to these Terms on their behalf. Desmos Labs and users are referred to as “parties” in these Terms.
Mooncake is a decentralised social network application built on the Desmos protocol.
Each account registered with Mooncake is only accessible by you. If you have lost the password to your account, you may recover by re-importing your account through one of the methods offered by the app. If you lose access to one of those methods, for example if you lose your Private Key, you will not be able to recover your account, and we, Desmos Labs and our officers and employees, will not be able to recover your account either.
Any data or transaction history is stored only on the Desmos Blockchain where you install and run the Mooncake application. We, Desmos Labs and our officers and employees, have no write access to your data or history. This means we can't edit or delete your content on-chain.
Due to the immutable nature of blockchain networks and applications, once you perform an action on Mooncake, there will always be an immutable record to that specific action inside the Desmos Network Blockchain.
We may update, upgrade, improve or change any functions or features of Mooncake, and any other products or services we offer from time to time. We may also change or discontinue any of the products or services we offer, or add, remove or modify functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether.
Intellectual Property Rights
All intellectual property rights subsisting in our Platform (including our applications, source code, software, content, text, graphics, images, logos, audio or visual files and other materials, offered from time to time, and all improvements, enhancements, modifications, updates thereof from time to time, collectively, our “Proprietary Materials”) belong to us. All rights in the Proprietary Materials under applicable laws are hereby reserved.
Using, copying, reproducing, publishing, distributing, selling of any parts or components of our Proprietary Materials, is strictly prohibited, unless:
- as expressly permitted by these Terms; or
- with our prior written approval.
You are given a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-exclusive and revocable licence to access and use our Proprietary Materials. Such licence:
- is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as offered by us and in such manner as permitted by these Terms; and
- will be revoked and terminated if you breach any of these Terms, including the Acceptable Use Policy.
Any commercial distribution, publishing or exploitation of our Proprietary Materials is strictly prohibited unless with our prior written approval.
Our brand names and trade names, trade marks, service marks, logos and trade dress, whether registered or unregistered, belong to us, and may not be used, displayed or reproduced without our express written consent.
By posting content (including any text, graphics, images, logos, audio or visual files and other materials) on Mooncake (your “User Content”), you grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to use, reproduce, publish, distribute your User Content for the purpose of providing our services to you.
In these Terms, “intellectual property rights” include patents, rights to inventions, copyright and related rights, all other rights in the nature of copyright, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use and protect the confidentiality of confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
PLEASE READ THIS SECTION CAREFULLY.
We provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Platform is at your own risk.
We try our best to ensure that our Platform is available at all times, but we do not guarantee that the operation of or access to our Platform will always be uninterrupted or continuous. Our Platform may be interrupted for maintenance, archiving, repairs, upgrades, or due to network or equipment failures.
We do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date.
We give no assurance, representation or warranty of any kind (whether express or implied, whether on functionality, availability, security, merchantability, fitness for a particular purpose, non-infringement or otherwise) about the Platform and any products or services we provide.
You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Platform. We are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors.
Our Platform includes links to third-party websites, such as the websites of various blockchain networks or crypto projects. If you access any of these third-party websites, you will be doing so at your own risk. We do not examine or evaluate the information of any third-party websites. We expressly disclaim any liability or responsibility for any material or information contained in any third-party websites, or any products or services offered by third parties.
Mooncake is built on Desmos which is an open-source blockchain protocol. We are unable to control any person who uses Mooncake or any other products or services that we offer. We expressly disclaim any liability or responsibility for any acts or omissions of any Mooncake users, including any content posted by any Mooncake users.
In the event that any person uses Mooncake or any other products or services that we offer for any unlawful purpose or in contravention of any of these Terms, we are unable to interfere with, stop or remove such applications.
Due to the nature of blockchain networks, some actions in Mooncake require interactions with the Desmos network, for which you may incur fees (normally known as “gas fees”) in order for such actions or transactions to be processed. Such fees are non-refundable and payable in DSM, a crypto token and the native token of Desmos network. You are fully responsible for all risks associated with DSM. If you are in doubt regarding your rights, obligations and possible risks related to DSM or crypto tokens in general, you must seek independent professional advice.
DSM only entitles its holder to interact with the Desmos network. DSM does not entitle its holder to any interest or rights with respect to Desmos Labs (such as equity interest or voting rights in Desmos Labs, rights to appoint directors or inspect books and records of Desmos Labs).
You may acquire DSM from crypto token exchanges. Desmos Labs does not offer any exchange service and is not related to any exchanges (centralised or decentralised). You must do your own independent research, due diligence and analysis before sending your funds to or in any way interacting with exchanges.
You may receive DSM as a gratuity for the content you generate on Mooncake. These DSM tokens are exclusively sent by fellow users.
To the fullest extent permitted by law, Desmos Labs and its holding company(ies), subsidiary(ies), affiliates, directors, officers, employees, agents and representatives expressly disclaim any liability or responsibility for:
- any error or interruption in usage or any loss, inaccuracy or corruption of data, nor any cost of procurement of substitute goods, services or technology;
- any damages, losses, claims (whether in contract, tort or otherwise), costs (including professional fees and expenses), whether direct, indirect, special, incidental, punitive, exemplary, consequential, or of any other kind (including, without limitation, any loss of revenue, profits, opportunities, business, goodwill or reputation);
- any damages or losses arising out of or in connection with any acts or omissions on your part or on the part of any third parties, including any loss of private keys or Secret Recovery Phrase, losses or theft of digital assets, malfunction or failure of any blockchain network, execution or settlement errors, configuration errors, connectivity failure, programming language errors, security breaches, weaknesses or bugs; and
- any other matters beyond the reasonable control of Desmos Labs arising out of or in connection with (i) your use of or interactions with our Platform or any products or services we offer, or (ii) your acquisition and use of DSM.
Some countries or jurisdictions may not allow some of the disclaimers in this clause, in which case those disclaimers will not apply to you.
We offer tools for each Mooncake user to report or hide inappropriate content. At this stage, Reports are handled by the Mooncake system automatically.
Each community is free to configure its own rules and policies regarding content, except that any content that contravenes these Terms is deemed inappropriate. Moderators of each community are responsible for defining and enforcing content policies and guidelines applicable to their own community.
If you come across any Mooncake user who acts repeatedly in breach of these Terms or applicable community policies or guidelines, please report to us by emailing [email protected].
Due to the decentralised nature of Mooncake and Desmos, we, Desmos Labs and our officers and employees, are not able to remove any content posted by any Mooncake user.
Changes to the Terms
Your access to and use of our Platform is conditional upon all of the following being satisfied at all times that you use our Platform:
- your representations and warranties under Clauses 7.1 and 7.2 are and remain true, accurate and complete;
- the performance of these Terms by us does not require any licences, permits or registrations (under securities laws or otherwise) not possessed by us; and
- the performance of these Terms by either party does not constitute any breach, default or violation of any applicable laws and regulations (including securities laws, financial services laws, anti-money-laundering laws, anti-terrorist and anti-terrorist-financing laws).
Where one or more of the conditions precedent set out in Clause 6.1 are not satisfied, we do not and cannot offer you access to or use of our Platform. We will, where it is technically feasible to do so, suspend or terminate your access to or use of our Platform (or certain parts or functionalities of our Platform).
Representations and Warranties
By using our Platform, you represent and warrant to us that, at all times that you use our Platform:
- you are of legal age in your jurisdiction of residence;
- you are not a citizen or resident in a sanctioned jurisdiction or territory (currently, Cuba, Iran, North Korea, Russia, Syria and Crimea, Donetsk and Luhansk of Ukraine);
- you have not been convicted of any money-laundering, terrorist-financing, trafficking in controlled substances (or similar crimes) at any domestic, military, foreign or international court;
- you are not the subject of any economic or trade sanctions administered or enforced by any governmental, regional or international authority;
- you are not on the Specially Designated Nationals and Blocked Persons List published by the Office of Foreign Assets Control of the United States Treasury Department (or other lists to similar effect in applicable jurisdictions), or any other list of prohibited or restricted parties of similar nature;
- any User Content you post or submit is not in breach of any of these Terms or applicable community rules, policies or guidelines; and
- your use of Mooncake is not in breach of the Acceptable Use Policy under Clause 4 of these Terms.
By acquiring and using DSM, you represent and warrant that:
- you are experienced and sophisticated in using and evaluating blockchain networks, crypto tokens and related technologies, and you have conducted your own independent research, due diligence and analysis of Desmos network, and you enter into these Terms solely relying on your own independent research, due diligence and analysis; and
- the funds that you use in acquiring DSM are not derived from, nor otherwise represent the proceeds of, any activities done in violation or contravention of any applicable domestic, military, foreign or international laws, in particular any money-laundering, terrorist-financing, trafficking in controlled substances or any other crimes.
Taxes and other obligations
You are solely responsible for any and all taxes, duties and levies payable to any governmental authorities in connection with or arising out of acquiring, using or otherwise transacting in or with DSM.
You are strongly encouraged to seek independent professional advice to understand your legal, tax or other obligations in connection with or arising out of acquiring, using or otherwise transacting in or with DSM. Desmos Labs (nor any of its holding company(ies), subsidiary(ies), affiliates, directors, officers, employees, agents and representatives) does not provide any advice in respect of your legal, tax or other obligations in connection with your use of our Platform.
We may release products, services, functionalities or features that we are still developing, testing and evaluating (“Beta Services”). We may label these Beta Services with terms such as “beta”, “early access”, “trial” or any other words or phrases with similar meanings.
By using any Beta Services, you acknowledge and agree that these Beta Services are under review and may not be reliable. Beta Services may break any time and any content or data you submit while using Beta Services may be lost or not retrievable.
These Terms are effective unless and until terminated in accordance with this clause.
We reserve the right to suspend or terminate your access to our Platform (or to certain parts or functionalities of our Platform), if we reasonably believe:
- you are in serious or repeated breach of these Terms;
- you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public;
- we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
- our provision of the Platform to you is no longer possible or viable.
Termination of these Terms will not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any antecedent breaches.
All provisions which by nature extend beyond the termination of these Terms will survive termination, including, without limitation, disclaimers and limitations of liability, governing law and dispute resolution mechanisms, and general provisions relating to the interpretation and operation of these Terms.
Due to the decentralised and permissionless design of blockchain networks, any person may use Mooncake or any other products or services that we offer, and/or acquire and use DSM. By holding private keys, each DSM holder has full access to and control over his/her DSM, which Desmos Labs does not and is unable to interfere with.
If we, Desmos Labs and its holding company(ies), subsidiary(ies), affiliates, directors, officers, employees, agents and representatives, suffer or incur any costs, claims and losses (including legal or other professional costs and expenses) in connection with or as a result of your use of Mooncake or any other products or services that we offer and/or use of DSM in breach of these Terms, you expressly agree to indemnify and keep us fully indemnified from and against all such costs, claims and losses.
Neither party will be in breach of these Terms or be liable for any delay in performing, or any failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances, the time for performance will be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
A force majeure event includes: an act of God, fire, flood, typhoon, storm, war, riot, civil unrest, act of terrorism, strike, industrial dispute, outbreak of epidemic or pandemic illness, failure of utility service or transportation, shortage and unavailability of energy or resources, and operation and action of and changes to the protocols of Supported Networks.
These Terms constitute the entire agreement between the parties, and supersede all prior or contemporaneous negotiations, discussions or records with respect to the subject matter hereof.
If any provision of these Terms becomes invalid or unenforceable, it will be deemed modified (to the minimum extent necessary) to make it valid and enforceable, or where such modification is not possible, deemed deleted and will not affect the validity and enforceability of the remaining provisions.
The failure of either party at any time to insist on the performance of, or to exercise a right or remedy under, any provision of these Terms is not a waiver of its right at any later time to insist on the performance of, or exercise a right or remedy under, that or any other provision of these Terms.
A reference to a “person” includes a natural person, a corporation, or an unincorporated body (whether or not having a separate legal personality). A reference to “writing” or “written” includes fax, e-mail and instant messaging. A reference to one gender will include a reference to the other genders.
Clause and schedule headings are for convenience only and do not affect the interpretation of the provisions of these Terms.
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
The law of this arbitration clause will be the laws of the Hong Kong Special Administrative Region. The seat of the arbitration will be Hong Kong. The number of arbitrators will be one. The arbitration proceedings will be conducted in English.
If you have any questions or concerns about these Terms or our Platform, please contact us at [email protected].