Terms of Use

Last revision March 5, 2022

Acknowledgement

These are the Terms and Conditions (“Terms”) governing the use of this website and any website extensions. By accessing and browsing the leviathanwilds.com and/or mooncrabgames.com domains and/or utilizing any of its services (“Service”), you are accepting these Terms. By accepting these terms, you agree that you have read and understood them.

You represent that you are over the age of 18. We do not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of Your personal information when you use this Service. Please read the Privacy Policy carefully before using this Service.

We reserve the right to change these Terms at any time. The date of last revision will be posted at the top of www.leviathanwilds.com/terms-of-use/. You are responsible for reading and evaluating the Terms when they are revised.

Content

Our Service allows you to post, upload, link to, or otherwise make available text, images, or other information (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service, and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that you own the content and/or have a right to use it, and you grant us the rights and license outlined in this terms. You also represent and warrant that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

We are not responsible for the Content of the Service's users. You expressly understand and agree that you are solely responsible for your Content, whether done so by you or any third person using your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.

• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

• Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.

• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights. • Impersonating any person or entity.

• Violating the privacy of any third person.

• False information and features.

We may monitor, screen, post, remove, modify, store and review Content at any time and for any reason, including to ensure that the Content conforms to these Terms, without prior notice to you.

You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Moon Crab Games be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Intellectual Property

The Service and its original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property Moon Crab Games.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Moon Crab Games.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Moon Crab Games or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Moon Crab Games or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

“As Is” Disclaimer

This service is provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, Moon Crab Games and any affiliates expressly disclaims all warranties express or implied associated with the Service and your use of the Service.

Governing Law and Venue

The laws of the State of Minnesota govern all matters arising out of or relating to these Terms and Conditions of Use, without giving effect to conflicts of law principles thereof. You submit to the exclusive jurisdiction if the state and federal courts of the State of Minnesota for resolving any claim or dispute arising out of or relating to these Terms and Conditions of Use. You agree that: (i) the website shall be deemed solely based in the State of Minnesota; and (ii) the website shall be deemed a passive website that does not give rise to personal jurisdiction over Moon Crab Games, either specific or general, in jurisdictions other than the State of Minnesota.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Miscellaneous

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting Moon Crab Games.

We reserve the right to discontinue or modify any aspect of this Service at any time.

We are not under any obligation to provide support or maintenance to this Service.

We reserve all rights not expressly granted herein.

Nothing in the Terms shall be deemed to confer any third party rights or benefits.

Contact

If you have any questions about these Terms, you can contact us by email: info@mooncrabgames.com