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Terms of Use

Rise of Elves

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1、 INTRODUCTION

  • (1) #MOONEEN TECHNOLOGY LTD. (hereinafter referred to as "MOONEEN", "we" or "our") operates and manages the https://www.riseofelves.com website (hereinafter referred to as "this website"), the Rise of Elves application, and any other form of media, media channels, mobile websites or mobile applications related to, linked to or otherwise connected to it (hereinafter referred to as "this application"). Rise of Elves is a decentralized application currently functioning in the Polygon network (hereinafter referred to as "blockchain"). Utilizing and developing smart contracts through this website and/or this application, generating digital assets for our users such as MATIC or NFT (hereinafter referred to as "digital asset"). Users have access to all kinds of digital assets through holding, trading, cultivating, combatting, and even owning land properties. Users can visualize these digital assets on the websites that allow users to interact with them. This application allows users to check their digital assets and provides services through smart contracts for users to obtain, trade, combat, and evolve digital assets with different users, and the services of the trading matching platform (hereinafter referred to as "matching request form" for each pairing). We refer to this platform and the services we provide on this platform collectively as "this service".
  • (2) Terms of Use and Privacy Policy (for privacy policy please see: https://www.riseofelves.com/privacy) constitute a contract between all users (including all natural and legal users, hereinafter referred to as "user", “you”, or “your”) of this website and MOONEEN who use the service. Thus, it also applies to your accessing or using the service, registering an account with us, visiting our platform, and/or accessing the service in any way (including but not limited to any device or service provided by any third party). PLEASE READ THESE TERMS OF USE CAREFULLY.
  • (3) When registering and using this website, you truly understand and comply with these terms:

    • 1. You have taken reasonable time to fully review and understand the terms and conditions of these Terms of Use.
    • 2. You agree to be bound by all terms and conditions of these Terms of Use prior to accessing or using the service and the website.
    • 3. These Terms of Use may be modified in accordance with article 19-(1).
  • (4) If you do not agree to any of the terms and conditions of these Terms of Use, please do not enable or use our services and website, we may not be able to continue to provide you with this service and platform.
  • (5) MOONEEN is not a wallet provider, exchange, broker, financial institution, or creditor. MOONEEN provides peer-to-peer web3 services, explaining that users discover and interact directly with NFTs on the public blockchain. We have no custody or control over the NFTs or blockchains you interact with. In order to use our services, you must use a third-party wallet that allows you to do transactions on the blockchain.
  • (6) In order to provide more diverse and complete services, sometimes we need to provide additional terms for specific services (such services are considered part of "this service" under these Terms of Use and should also be bound by these terms). If you use these services, these additional terms and conditions will form part of these terms of use and apply to the relevant services. In the event of a conflict between these terms and any additional applicable terms we provide for a particular service, that additional term shall be applied to that particular service.
  • (7) These Terms of Use are a binding contract between you and MOONEEN, and MOONEEN may modify these terms of use at any time but will notify you after the modification so that you can decide whether to agree to use the service or access or use this website. To the extent permitted by applicable laws, if you do not stop or continue to use this service or this platform, you shall be deemed to have understood and agreed to the revision, change or update of these Terms of Use.
  • (8) After these Terms of Use are revised, if you do not agree with the revised terms of use, you can still log in to this website to check the past transaction records and balances, but you will not be able to use this service and other functions of this website (including but not limited to withdrawals, orders, and transactions), please be sure to contact MOONEEN’s customer service for subsequent processing of terminating this service.
  • (9) Words not defined in these Terms of Use shall have the same meanings as those contained in these Terms of Use of this website.

2、 ELIGIBILITY

  • (1) Your blockchain address acts as your identity on Rise of Elves. Therefore, you will need a blockchain address and a third-party wallet to access the service. Your account on the service will be associated with your blockchain address and will display an NFT of that blockchain address (and, if applicable, anything associated with that NFT). By using your wallet on the service, you agree to use the wallet in accordance with the applicable wallet provider's terms and conditions. The wallet is not operated, maintained, or affiliated with MOONEEN, and MOONEEN has no custody or control over the contents of your wallet, nor can it retrieve or transfer its contents. MOONEEN bears no responsibility or liability for your usage and does not present narratives or warranties as to how the service will function with any particular wallet. You are solely responsible for keeping your wallet secure and should you not share your wallet credentials or recovery phrase with anyone. If you notice issues with your wallet, please contact your wallet provider. Likewise, you are solely responsible for your account and any associated wallets, and we will not be held accountable for any actions or omissions by you in connection with your account or for any acts or omissions resulting in compromising your account or wallet. You agree to notify us immediately if you become aware of any security issues related to the services of your account.

  • (2) You declare and guarantee that your use of the service will comply with all applicable laws (such as local, state, federal, and other laws). Without limitation of the foregoing, by using the services, you hereby declare and guarantee that:

    • 1. You are not in a country embargoed by the Government of the Republic of China (Taiwan);
    • 2. You have not been identified as a Specially Designated National or on any Republic of China (Taiwan) government list of prohibited, sanctioned, or restricted parties. If you access or use the Services outside of the Republic of China (Taiwan), you are solely responsible for ensuring that your access and use of the Services in that country, region, or jurisdiction does not violate any applicable laws.
  • (3) MOONEEN may request additional information and documents from you in certain circumstances, such as at the request of any government agency, as required by any applicable law or regulation, or to investigate possible violations of these terms. In such an event, MOONEEN may, in its sole discretion, disable your account and block your access to the service until additional messages and files are processed by MOONEEN. If you do not provide complete and accurate information in response to such requests, MOONEEN may refuse to restore your access to the services.

  • (4) Your access to this service may be interrupted from time to time for a variety of reasons, including but not limited to equipment failure, periodic updates, maintenance or repair services, or other actions taken at MOONEEN's sole discretion.

  • (5) Depending on your citizenship and the laws and regulations of your country or region (including but not limited to China, Japan, the United States, or the European Economic Area, etc.), you may not be able to use or MOONEEN may retain some or all of the functions provided to you on this website. In addition, in order to comply with relevant regulations and recommendations on preventing money laundering and combating financing terrorism, MOONEEN may refuse to provide services to individuals, groups, or regions listed in the high-risk or sanctioned lists listed in the previous regulations and recommendations.

  • (6) To access the service and website, you must be of legal age of majority and have the full capacity under applicable laws. Before entering and using this service and this website, you must first complete the registration process with the Rise of Elves website and complete the subsequent activation procedures of this service and this website. By enabling, accessing, or using this service and this website, you will be deemed to have agreed to these terms of use and agree to accept all legal and financial responsibility for all activities and conduct under you or your Rise of Elves account. If you are with limited capacity or incapacity according to your applicable laws, please do not enter and use this service and this website, otherwise, you and your legal representative or legal guardian shall bear the responsibility for your use of this service and this website. MOONEEN may ask for compensation for all damages suffered thereby. In addition, MOONEEN attains the right to immediately suspend, cancel or terminate your Rise of Elves account and prohibit transactions or freeze funds. If you have started to use this service or this website before the restriction disappears, then if you continue to use this service or this website after the restriction disappears, may allude that you acknowledge all rights and interests since your first entry or use of this service and this website.

3、 PRIVACY POLICY

  • MOONEEN values ​​your privacy. Please see "https://www.riseofelves.com/privacy" for our privacy policy to learn more about how we collect, process, and use your information.

4、 ACCOUNT REGISTRATION AND SECURITY

  • (1) In order to use this service and certain functions or features of this website to protect Rise of Elves users from fraud or other harm, thus, to keep proper records of Rise of Elves users. First, you need to register an account with Rise of Elves first (https://www.riseofelves.com/signup), which, upon completion of other activation procedures, allows you to become a registered user to gain access to the service and website.

  • (2) During your registration with Rise of Elves, thus, during the subsequent activation of your Rise of Elves account, you will be asked to provide certain personal information, including but not limited to your email address and blockchain wallet account information, thus, creating your own personal account and password. Your access to this service (including but not limited to daily or weekly withdrawal limits and transaction limits) will be determined based on the personal information and/or identification information you provided to MOONEEN and could be adjusted at MOONEEN's discretion. The "affiliated enterprise" referred to in these terms of use refers to any subject, any other subject that it directly or indirectly controls or is controlled by, or any other subject that is directly or indirectly controlled by the such subject. Purposely, the term "control" (including words such as "controlling", "controlled", and "generally controlled by") means having the direct or indirect power to determine or substantially determine the management and policies of an entity, whether by ownership of voting securities or by deed or otherwise.

  • (3) By activating your Rise of Elves account or accessing this service and website, you agree to:

    • 1. Provide your current and correct complete information and promptly update such information to keep it the latest, and complete;
    • 2. Maintain proof of identity secure;
    • 3. Accept all risks arising from incorrect, outdated, or incomplete information
    • 4. Irrevocably grant personal information and other information about your Rise of Elves account to MOONEEN and its affiliates, partner banks (third-party payment processors that process fiat currency payments between you, MOONEEN, and other MOONEEN users) access rights, including but not limited to your transaction instructions and records, and your bank account information.
  • (4) Your Rise of Elves account includes the following:

    • 1. A digital asset wallet provided by MOONEEN (hereinafter referred to as "digital asset wallet"), which will provide specific digital asset functions based on your location and MOONEEN's discretion;
    • 2. Depending on your location, and at MOONEEN's discretion, your online transaction reserve balance (hereinafter referred to as "transaction reserve balance") will be provided.
  • (5) You hereby authorize MOONEEN to conduct any inquiries we deemed necessary, directly or through third parties, including but not limited to MOONEEN and its affiliates, cooperative banks, anti-money laundering related and anti-terrorist inquiry systems and databases, and carrier companies, thus, verify your identity and/or prevent fraud, including making inquiries about your identity in public reports, and may take actions we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any third parties associated with such inquiries or requests to fully respond to said inquiries or requests.

  • (6) MOONEEN has the right to:

    • 1. Decline your registration or disable the service or this website.
    • 2. Based on internal policy or risk control considerations, restricting or terminating your use of any or all of this service and/or this website, and at MOONEEN's discretion, decides how to settle and return your transaction reserve balance and digital assets (for example: notify your withdrawal within a specified period);
    • 3. Limiting the number of accounts that a single user can create or maintain and delete based on review;
    • 4. If MOONEEN finds that you or your activities or behaviors under your Rise of Elves account are suspect of violating the terms of use, and other improper behaviors, or behavior patterns deemed by MOONEEN to be inappropriate, shall suspend, restrict or terminate your access to any or all of the services and/or the website;
    • 5. We will suspend or terminate your Rise of Elves account, and delete the content submitted by your Rise of Elves account as defined in Article 10-(3) of the Terms of Use, if any of the following occurs:
      • (1) Any information you provide during or after the registration process is incorrect, incomplete and outdated;
      • (2) The activities or behaviors under your Rise of Elves account are determined by MOONEEN to have violated these terms of use or other agreements between you and MOONEEN, or MOONEEN determines that you have engaged in prohibited behaviors as defined in Article 9-(4) of these Terms of Use;
      • (3) If a dispute happened between you and MOONEEN over the use of this website or this service, thus, shall enter the judicial process, which will result in recognizing that the two parties lacked a basis of trust to continue the transaction;
      • (4) Activities or behaviors under your Rise of Elves account have been determined by MOONEEN to have violated criminal or administrative laws (including but not limited to fraud, and our anti-money laundering and anti-terrorism laws).
  • (7) You are responsible for the security of your Rise of Elves account, including but not limited to maintaining adequate security for any account numbers, passwords, API keys, or any other account numbers and passwords used to access or connect to the service and the website. When choosing a name and password for your Rise of Elves account, refrain from using identifiable or guessable information, such as your birthday, phone number, or recognizable words in your name. You shall not share your Rise of Elves account or password with any other third party or disclose your Rise of Elves account or password in any way intentionally or unintentionally, or allow any third party to easily guess your Rise of Elves account or password. You should take necessary and sufficient confidentiality measures for your Rise of Elves account and password, and proactively prevent your Rise of Elves account and password from being used by any other third parties. Any loss or disclosure of the above information or your personal information may result in unauthorized access to your Rise of Elves account by a third party and result in the loss of digital assets in your Rise of Elves account, including any associated digital wallet accounts or lost and stolen funds. Whereas you set your own account number and password for the Rise of Elves account, therefore, you shall be responsible for taking necessary and sufficient confidentiality measures, whether you have authorized the activity or behavior, you agree to secure the account under your Rise of Elves account All responsibility for any activity or conduct is assumed. However, if a third party invades the MOONEEN computer system is proven then by taking advantage of the lack of the MOONEEN computer system, and then manipulating and tampering with your Rise of Elves account, hence, this shall not be the case. It is your responsibility to notify Mooneen immediately if you believe that your Rise of Elves account and/or password may have been compromised or that an unauthorized transaction may have been made.

5、 INTELLECTUAL PROPERTY RIGHTS

  • (1) You are solely responsible for your use of the service and any information you provide, including compliance with applicable laws, rules, and regulations and these terms and the user conduct requirements in Article 10.
  • (2) You grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, reproduce, modify and display any content you submit or post, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content services for our current and future business purposes, including providing, promoting and improving the services. The above includes any digital files, artwork, or other materials linked to or associated with any NFT displayed on the service.
  • (3) MOONEEN does not claim the content submitted, posted, or displayed on or through the service allows MOONEEN any ownership rights in the content.
  • (4) You hereby declare and pledge that you own or have obtained all rights, licenses, consents, permissions, powers, and/or authorizations to any content you create, submit, post, advertise or display on or through the services. You declare and pledge that such content does not violate any laws and does not contain rights protected by copyright, trademark, publicity rights, or other intellectual property rights, unless you have obtained the necessary licenses or otherwise legally and have the right to publish, thus, granting MOONEEN License on the said above.
  • (5) You hereby declare and pledge that you own or have obtained all rights, consents, licenses, powers, and/or authorizations to confer the rights granted herein with respect to any content you create, submit, post, promote or display, or through the service. You declare and pledge that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have the necessary license or are otherwise legally entitled to publish the material, thus, granting MOONEEN the foregoing license, and that the content does not violate any laws.
  • (6) If the user is determined to be a repeat infringer, the user's access to the service will be terminated. If you believe that your content has been reproduced in a manner that constitutes copyright or trademark infringement, or infringes your publicity or other intellectual property rights, please complete our form here, or you may send a submission to our Designated Copyright Agent by written notice:
    公司名稱:
    Company:
    Recipient:
    Address:
    E-mail:
    Telephone number:

6、 ANTI-FRAUD, ANTI-MONEY LAUNDERING AND ANTI-TERRORISM

  • (1) MOONEEN and its affiliates and cooperative banks are implementing relevant anti-fraud, anti-money laundering, and anti-terrorism laws, policies, and procedures (hereinafter referred to as "anti-fraud, anti-money laundering and anti-terrorism regulations, etc."). Hence, MOONEEN and its affiliates and cooperative banks insist on comprehensive customer due diligence procedures and measures, as well as continuous analysis and reporting. This includes monitoring suspicious transactions and mandatory or voluntary reporting to supervisory agencies where transactions are not defined. MOONEEN shall keep some information and documents in accordance with its applicable laws, policies, and fulfillment of contractual obligations with third parties. MOONEEN hereby declares that it has all rights to keep such information and documents, and has the right to disclose such information to cooperative banks or government agencies and files. Albeit you terminate your relationship with MOONEEN, or MOONEEN terminates its relationship with you, or you abandon your application for an account with MOONEEN, the above terms shall still apply.
  • (2) In order to comply with the relevant laws and regulations on preventing money laundering and combating terrorism, you and/or your affiliates (including but not limited to legal representatives, responsible persons, representatives, authorized persons, substantial beneficiaries, etc.) agree that MOONEEN and its affiliated enterprises and cooperative banks may carry out the following measures in accordance with the "Money Laundering Prevention Act", "Terrorism Prevention Act" or "Financial Institutions Prevention of Money Laundering Measures" and other relevant regulations:

      You and/or your affiliates also agree that you and/or your affiliates shall be responsible for any damages or disadvantages incurred by you and/or your affiliates. MOONEEN and its affiliates and cooperative banks handle all relevant measures in accordance with this article. The affiliates shall bear all consequences, and MOONEEN and its related companies and cooperative banks shall not be held accountable for damages.

    7、 RISK STATEMENT

    • (1) Digital assets are not entitled to legal tender and have no essential value. Their legal status may affect the legal obligations, filing obligations, and tax obligations related to holding, investing, or trading digital assets. You shall be responsible for confirming digital assets are legally positioned and required to comply with any and all relevant legal and tax or filing requirements.
    • (2) Digital asset transactions have certain risks. When trading digital assets, discern that the value of digital assets is likely to fluctuate significantly.
    • (3) The value of NFT is subjective, and the price of NFT is susceptible to volatility, and fluctuations in cryptocurrency prices shall result in a significant adverse impact on NFT prices. You hereby acknowledge that you are fully aware of such subjectivity and volatility and that you may suffer any economic losses.
    • (4) Risks are associated with items created by third parties through peer-to-peer exchanges, including but not limited to counterfeit items, mislabeled items, and items susceptible to metadata decay. The risk of items on smart contracts having errors, and potentially becoming invalid transferred items. You hereby declare and pledge that you have conducted sufficient research before making any decision to sell, acquire, transfer, lease or otherwise interact with any NFT or Account.
    • (5) MOONEEN does not control the public blockchains with which you interact, nor does it control certain smart contracts and agreements that may be integral to your transactions on those public blockchains. In addition, blockchain transactions are irreversible, and MOONEEN shall not overturn any transaction on the blockchain. There are risks associated with the use of web-based and blockchain-based products, including but not limited to risks associated with hardware, software, and network connections, risks of introduction of malware, and the possibility of third parties may gain unauthorized access to your third-party wallets or account. You hereby accept and agree that, regardless of the cause, MOONEEN shall not be responsible for any communication failures, interruptions, errors, distortions, or delays that you may experience while using the services or any blockchain network.
    • (6) This Service relies on third-party platforms and/or suppliers. If we are unable to maintain good relations with such platform providers and/or suppliers; if the terms and conditions of pricing on such platform providers and/or suppliers alter; if we violate or fail to comply with such platform and/or provider's terms and conditions; or, should such platform and/or provider in resulting losing market’s status or becoming unavailable for an extended period, access to and use of the service will be affected.
    • (7) MOONEEN cannot guarantee that anyone will receive digital assets as payment for goods or services, and may even face explicit prohibition of legislation by any government in the world. As for whether you are suitable for digital asset trading, depends on your personal financial situation and risk tolerance.
    • (8) Once you use this service and this website, you have agreed and fully understood the relevant risks and considerations, and you have abandoned all claims against MOONEEN and its affiliated companies for any loss or damage caused by the relevant risks in your trading of digital assets.
    • (9) Please refer to our risk disclosure statement at https://www.riseofelves.com/risk to fully understand the various risks involved in trading digital assets. This risk disclosure statement is for your reference only and does not fully list all the risks and various aspects involved in holding or trading digital assets, so please pay full attention to other possible risks.
    • (10) You may not be able to view items on Rise of Elves, nor use the services provided by Rise of Elves, and/or buy, sell, acquire, transfer, lease, or otherwise use any items available on the blockchain, for any reason and under any circumstances as follow, you agree not to seek compensation from MOONEEN.

    8、 BILLS OF LADING, ORDERS, TRANSACTIONS, AND FEES

    • (1) Deposit

      • 1. You can deposit digital assets into your Rise of Elves account from digital asset wallets and digital asset wallets by service providers other than MOONEEN (hereinafter referred to as "external digital asset wallets"). In order to deposit funds into the transaction reserve balance linked to your Rise of Elves account, you must link your blockchain wallet account with your Rise of Elves account, thus, the blockchain wallet account must first be authorized by MOONEEN and/or its service providers (including but not limited to partner banks) for verification. Upon completion, you can conduct transactions through a linked and verified blockchain wallet account. Please note that Rise of Elves only accepts withdrawals via blockchain wallet accounts. Other methods will not be able to claim the transaction balance linked to your Rise of Elves account. Note that no interest will accrue on your transaction balance. The funds in your Rise of Elves account can only be used in trading on Rise of Elves.
      • 2. According to these Terms of Use, you can withdraw digital assets by withdrawing funds from your Rise of Elves account to a digital asset wallet and/or an external digital asset wallet. You may also withdraw funds from your trading balance account directly to linked and verified blockchain wallet accounts. When you withdraw digital assets to an external digital asset wallet, additional transaction fees will be charged.
      • 3. Any purchase or breeding of Elves from this website will be done through smart contracts on the blockchain using third-party wallets. Any financial transactions you participate in will only be made through the blockchain using third-party wallets. We bear no insight nor control over these payments or transactions, nor will we be able to undo any transactions. With this in mind, we will not be held accountable for any claims or damages that you may incur as a result of any transactions through the website and/or App or using smart contracts.
      • 4. Polygon requires payment of a gas fee (hereinafter referred to as "Gas Fee") for every transaction that occurs on the Polygon network. Gas Fee funds the network of computers that runs the decentralized web. This means you must pay the Gas Fee for every transaction that is made through the app.
      • 5. In addition to the Gas Fee, each time you access this service to conduct transactions with other users through smart contracts, you allow us to charge a fee of 4.25% of the total value of the transaction. You hereby acknowledge and agree that as part of the transaction, the fee will be transferred directly to us via the Polygon network.
      • 6. As between us, you will be solely responsible for the payment of any sales, used, value-added, and other taxes, duties, and reviews (other than our income tax) now or hereafter required or imposed by any government agency (hereinafter referred to as the "Tax Payments") related to your use of the App (including but not limited to any taxes that may be payable as a result of ownership, transfer or evolution of any of your NFTs). In addition to income taxes imposed on MOONEEN, you will: (i) pay or reimburse us for all other national, federal, state, local, or any jurisdictional taxes and reviews, including VAT and international tax requirements under tax treaties, Customs, or other import or export taxes, and substitute taxes imposed on charges, services rendered, or payments made hereunder, under the authority of any country, state, local, or any other taxing jurisdiction, may now or hereafter; (ii) shall not be entitled to the deducted amount of any such tax, duty or review from payments made to us under these terms.
    • (2) Orders

      • 1. You can deposit digital assets into your Rise of Elves account from digital asset wallets and digital asset wallets by service providers other than MOONEEN (hereinafter referred to as "external digital asset wallets"). In order to deposit funds into the transaction reserve balance linked to your Rise of Elves account, you must link your blockchain wallet account with your Rise of Elves account, thus, the blockchain wallet account must first be authorized by MOONEEN and/or its service providers (including but not limited to partner banks) for verification. Upon completion, you can conduct transactions through a linked and verified blockchain wallet account. Please note that Rise of Elves only accepts withdrawals via blockchain wallet accounts. Other methods will not be able to claim the transaction balance linked to your Rise of Elves account. Note that no interest will accrue on your transaction balance. The funds in your Rise of Elves account can only be used in trading on Rise of Elves.
      • 2. According to these Terms of Use, you can withdraw digital assets by withdrawing funds from your Rise of Elves account to a digital asset wallet and/or an external digital asset wallet. You may also withdraw funds from your trading balance account directly to linked and verified blockchain wallet accounts. When you withdraw digital assets to an external digital asset wallet, additional transaction fees will be charged.
      • 3. Any purchase or breeding of Elves from this website will be done through smart contracts on the blockchain using third-party wallets. Any financial transactions you participate in will only be made through the blockchain using third-party wallets. We bear no insight nor control over these payments or transactions, nor will we be able to undo any transactions. With this in mind, we will not be held accountable for any claims or damages that you may incur as a result of any transactions through the website and/or App or using smart contracts.
    • (3) Transactions

      • 1. When other Rise of Elves users place orders, one or more transactions (hereinafter referred to as "transactions") are executed. MOONEEN completes each transaction by transferring assets and usage rights between the counterparty's Rise of Elves accounts.
      • 2. Aside from the Terms of Use, all transactions are final and payments to MOONEEN are non-refundable. MOONEEN attains the right to cancel orders and/or undo transactions in the following cases:
        • (1) We believe that the order or transaction constitutes an abuse of the platform, such as market manipulation;
        • (2) Orders or transactions that cause or show obvious errors based on price, quantity, or other matters (hereinafter referred to as "error transactions");
        • (3) Any request based on laws, regulations, or government agencies;
        • (4) Limiting the size or frequency of transactions, or API usage, at our sole discretion. You hereby agree to release us from all liability for any actions taken pursuant to this section.
    • (4) Fees

      • 1. By placing an order on the Rise of Elves matching request form, you agree to pay all associated fees and amounts due and agree to authorize MOONEEN to automatically deduct fees and amounts due from funds in your digital asset wallet and/or transaction reserve balance.
    • (5) There must be a consistent correspondence between the "type of digital asset" and the "type of wallet address for sending or receiving digital assets". The service does not support sending or receiving digital assets to different types of digital asset wallet addresses; for example, transferring ETHEREUM CLASSIC (ETC) to ETHEREUM (ETH) address, or sending or receiving POLYGON (MATIC) to BITCOIN (BTC) address, etc. If the user conducts digital asset transactions, sends or receives digital assets that are not supported by MOONEEN, resulting in the loss of digital assets, to the maximum extent permitted by law, MOONEEN will not retrieve the lost digital assets for you due to sending or receiving digital assets to the wrong wallet address, and will not compensate for losses related thereto. MOONEEN also does not support any form or type of blockchain fork and digital assets created or forked thereby. If you plan to send or receive created or forked digital assets, you must move your digital assets to a service provider that supports the fork before the fork occurs. If MOONEEN agrees to assist you in retrieving the digital assets lost due to your violation of this provision, you must pay MOONEEN’s additional labor, time, and expenses to retrieve the digital assets. Service fees and miner handling fees, etc., could be higher than the value of your lost digital assets.

    9、 OWNERSHIP, AUTHORIZATION, AND AUTHORIZATION RESTRICTIONS

    • (1) You hereby acknowledge and agree that, according to these terms of use, MOONEEN grants you a limited, non-transferable, and non-exclusive license to access and use the services, content, and website, solely for personal, non-commercial purposes. You acknowledge and agree that, according to the license granted in Article 9, MOONEEN has the right to own all rights, qualifications, interests, and intellectual property rights (including but not limited to all patent rights, design rights, copyrights, trademarks, and trade secrets). You fully understand and agree that, based on factors such as operating costs, market conditions, and transaction security, are based on the requirements of cooperative banks. MOONEEN may set and adjust the minimum and maximum limits for the quantity or amount of one or all of the services at any time, and charge them a handling fee at their discretion.
    • (2) This website (including but not limited to the content) may not always be correct, complete, or up-to-date and may include technical inaccuracies or misplants. You should verify any information before relying on it, and all decisions you make based on the information contained on this website are your own responsibility and we shall not be held accountable for such decisions. You hereby acknowledge and agree that MOONEEN is not responsible for any third-party materials or any information, content, or services on any third-party website.
    • (3) Aside from permitted by these Terms of Use, you may not:

      • 1. Copy, imitate, develop or reproduce the service, website, or content, including but not limited to mockups, designs, interfaces, appearance, and layout;
      • 2. Create any derivative works coordinated to the service, the website, or the content, including but not limited to mockups, designs, interfaces, appearance, and typography;
      • 3. Reverse engineering, decomposing, disassembling, or otherwise attempt to obtain the source code of the service or any part of the website;
      • 4. Transmit malware, programs, viruses, computer worms, or damage, thus, destroying the service and this website;
      • 5. Assign, transfer, sell, rent, lease, sublicense or license your Rise of Elves account to any other third party;
      • 6. Copy, transmit, distribute, sell, license, reverse engineering, modify, publish, participate in the transfer, sell or create derivative works from, or in any other way exploit any part or all of the content;
      • 7. Remove or alter any trademark, logo, copyright, or other proprietary notices, cutline, symbols, or labels on the service and the website;
      • 8. Utilize, access, or tamper with non-public areas of the service, the site, MOONEEN's computer systems, or MOONEEN's suppliers' technology delivery systems;
      • 9. Probe, scan or test the vulnerability of any MOONEEN system or network, or breach and circumvent any security or authentication measures;
      • 10. Access and search the service and website, or download the contents of this website by any automated means other than the currently available interface provided by MOONEEN or other third-party web browsers (and only in accordance with these Terms and Use).
      • 11. Forge any TCP/IP packet header or any part of the header information in any email or posts, or access to the service and website, thus, send and alter any fraudulent or false source of identifying information.
      • 12. Avoid, bypass, delete, disable, impair, decode, or otherwise circumvent any technical measures implemented by MOONEEN or any MOONEEN suppliers or any other third party (including other users) in the protection of the service, website, and the content;
      • 13. Interfere with or (attempt to) disrupt the operation of the service, the site, any user, host, or network in any way, or interfere with or create unnecessary burden upon the service and website.
    • (4) In relation to your access to the service and website, your interactions with other users and third parties, and the conduct of third parties with your consent on behalf of you, in respect of any of the conduct set forth in Articles 9-(3) and 10-(1) or activities (hereinafter referred to as the "Prohibited Conduct"). MOONEEN has the right to monitor, review, retain and disclose any information at any time to meet or proactively cooperate with relevant laws, regulations, sanctions programs, legal procedures, or government requirements.
    • (5) When your Rise of Elves account involves in any suspected violation of the terms of use, prohibited acts, suspected violations of anti-fraud, anti-money laundering, and anti-terrorism regulations, etc., MOONEEN has the right to immediately suspend, cancel and/or terminate your Rise of Elves account and /or prohibit transactions or freeze funds. Suspension, cancellation, or termination of your Rise of Elves account will not affect fees or other amounts you owe to MOONEEN. When your Rise of Elves account is suspended, canceled, or terminated, we will immediately cancel all open orders associated with your Rise of Elves account, prohibit all withdrawals and prohibit the submission of any orders.

    10、 USER DEMEANOR

    • (1) You agree not to utilize MOONEEN and its website to engage in the following acts:

      • 1. Upload, post, transmit, distribute, or otherwise administer any information that is unlawful, offensive, threatening, abusive, harassing, pornographic, tortious, defamatory, vulgar, obscene, degrading, invasive of one's privacy, hateful, racist, or objectionable content;
      • 2. Promote discrimination, racism, hatred, harassment, or harm against any person or group;
      • 3. Impersonate any other third party, falsely represent or misconvey your relationship with any other third party;
      • 4. Upload, post, transmit, distribute, or unrightful in making use of contents under applicable law, contract, or fiduciary relationship (such as internal information, proprietary, and confidential information, or information learned or disclosed confidential information);
      • 5. Upload, post, transmit, distribute or disperse contents that infringe any patent, trademark, trade secret, copyright, or other proprietary rights of another third party;
      • 6. Upload, post, transmit, distribute or disperse any unsolicited or unauthorized advertising, promotional materials, spam, multi-level marketing, or any other form of solicitation;
      • 7. Upload, post, transmit, distribute or disperse any code, file, or program that contains computer viruses, malicious vectors, programs, computer worms, or other codes, files, or programs with intention of interfering, destroying, or limiting any computer software, hardware, or carrier equipment;
      • 8. Utilizing the services for any financial activity that requires registration or licensing, including but not limited to creating, selling, or buying securities, commodities, options, or debt instruments;
      • 9. Utilizing the services to create, sell or buy NFTs or other items entitled to the owner in participating ICO or any securities offering, or redeemable securities, commodities, or other financial instruments;
      • 10. Utilizing the services to engage in price fixation, fraud, or other deceptive, misleading, or manipulative activities;
      • 11. Utilizing the services to buy, sell or transfer stolen items, items obtained fraudulently, unauthorized items, and/or any other illegally obtained items;
      • 12. Infringe or infringing the intellectual property of any other rights;
      • 13. Create or display illegal content, such as content that involves the sexual exploitation of children;
      • 14. Create or display NFTs or other items that promote suicidal or self-harm, inciting hatred or violence against others, or harming others;
      • 15. Disobey, violate or disregard any code of conduct, requirements, procedures, policies, or norms of the service and website which applies to you knowingly or negligently violating or encouraging any violation of local, state, national or international laws;
      • 16. Advocate, encourage or engage in money laundering, illicit financing, terrorist violence or contribute to such terrorism;
      • 17. Stalk or otherwise harass other users of the service and website;
      • 18. Collect or store personal data of other users in the use of the service and the website without prior consent or permission;
      • 19. Encourage, cause or assist any other third party in engaging in any of the above.
    • (2) You hereby acknowledge and agree that MOONEEN may access, preserve or disclose your Rise of Elves account information and content when in accordance with relevant laws or reasonably believe that accessing, preserving, or disclosing your Rise of Elves account information and content may meet the following conditions:

      • 1. Conform to the legal procedure;
      • 2. Enforce or administer these terms of use or the agreement between MOONEEN and Rise of Elves users, including investigating potential violations of these terms of use or prohibited conduct;
      • 3. Comply or proactively cooperate with the requirements of judicial, tax authorities, or other government agencies;
      • 4. In response to the requests of customer service;
      • 5. Detect, prevent, or otherwise address fraud, security, or technical issues;
      • 6. Comply with any routine or reasonable data request from the collaborated banks;
      • 7. Preserve the rights, property, or personal safety of MOONEEN’s public users of the service and website.
    • (3) "Content" refers to the Terms of Use of all information, data, materials, texts, links, software, photographs, graphics, videos, messages, labels, information, or other materials provided on the service and website, regardless of the Information is posted, uploaded, shared, submitted or produced by you or other users of the service and website.
    • (4) In order to preserve our service and website and to comply with our legal obligations, we attain the right to take immediate action if we believe that you may have violated the above terms, with or without prior notice. These actions include, but are not limited to:

      • 1. Removing the ability to view certain NFTs on the services or interact with NFTs when accessing our services;
      • 2. Disabling the access to the service in conjunction with buying/selling/transferring NFTs available on the blockchain;
      • 3. Disabling your ability to access the service; and/or
      • 4. Other actions;

    11、 ASSESSMENT, SUGGESTION, AND FEEDBACK

    • 1. "Feedback" referred to in these terms of use refers to any ideas, suggestions, questions, complaints, or feedback submitted to MOONEEN about this service and this website through our email address: [email protected] When contacting MOONEEN, please provide us with your username, email address, and any other information with which MOONEEN may identify you.

    • 2. When submitting or providing feedback to MOONEEN, you grant MOONEEN the following worldwide, non-exclusive, perpetual, irrevocable, and royalty-free rights:

      • (1) Produce, utilize, copy, modify, sell, distribute, sublicense and create derivative works for feedback as part of any MOONEEN product, technology, service, specification, or other documents;
      • (2) Publicly engage or display, import, broadcast, transmit, distribute, license, offer for sale, sell, rent, lease or lend copies of feedback (and derivative works thereof) as part of any of the services and the website;
      • (3) The above rights may be sublicensed to any third party, including the right to sublicense the above rights to any other third parties.
    • 3. Partial to any feedback you submit to MOONEEN, you hereby declare and guarantee that:

      • (1) You have the right to disclose such feedback to MOONEEN, and the disclosure will not infringe the rights of any other person or party;
      • (2) The Feedback does not contain confidential or secret information of any other third party;
      • (3) MOONEEN has no proclaimed or implied confidentiality obligations regarding the feedback;
      • (4) MOONEEN has the right to utilize or disclose (or chose not to utilize or disclose) the feedback in any way and any media around the world for any purpose;
      • (5) To the extent permitted by law, the feedback will automatically become the exclusive property of MOONEEN, and MOONEEN will not bear any obligations to you;
      • (6) Under any circumstances you will not be entitled to any compensation or compensation from MOONEEN. You will forsake any claims, losses, expenses, and liabilities from MOONEEN arising from any breach of the above declaration and warranties.
    • 4. When you discover or encounter any errors, obstacles, malfunctions, or other problems with the service and website, please notify MOONEEN immediately so that corrections and improvements can be made. You can submit your requests and questions to: [email protected] .

    12、 TAX STATEMENT

    • (1) Partial to taxes on any transaction you made on the service or website, you must determine at your own discretion whether to what extent such taxes apply, and you must at your own discretion withhold, retain, collect, report, pay, declare and remit the unerring amount of tax to the tax authorities.
    • (2) You may access transaction records through your Rise of Elves account. MOONEEN and the collaborated banks will provide your personal information and/or your transaction records to the tax authorities as

    13、 ASSOCIATE STATEMENT

    • (1) The service and website contain links to other websites and online resources. MOONEEN does not own, control, authorize, endorse or sponsor the links, and does not make any declaration or warranties about the links. You hereby agree to take your own precautions and understand that when you access the services and website in linking to third-party links, you may be exposed to information that is offensive, harmful, incorrect, misleading, or inappropriate or that may violate relevant legal network contents or viruses, malicious programs, etc. You hereby acknowledge and agree that MOONEEN is not responsible for the following:

      • 1. The availability or factuality of those websites or resources;
      • 2. The content, products, or services displayed or available on those websites or resources. Linking to these websites or resources does not imply any endorsement, ownership, control, authorization, sponsorship or declaration, or warranties by MOONEEN of these websites or resources, or the content, products, or services available thereon.
      • Your usage of the website and resources is solely your responsibility and risk. By accessing the service and website, you hereby declare that MOONEEN is exempted from all legal responsibilities arising from your usage of any third-party websites or online resources, therefore, MOONEEN encourages you to understand and check the terms of use, privacy policy, and other governing documents of each website that may be accessed.
    • (2) You can withdraw funds through an external digital asset wallet. You confirm that you are solely responsible for all risks arising from your usage of any external digital asset wallets, and you hereby declare that MOONEEN and its affiliates are exempted from any liability arising from your usage of any external digital asset wallets.

    14、 DISCLAIMER

    • (1) The service and the website and the content provided here may contain certain issues that may have not been identified. The service and website and the content are provided on a "current basis". It is recommended that you use the service, website, and its contents with caution, and make necessary confirmations and judgments, and you shall not completely rely on this service, website, and its contents and their accompanying instructions or materials. MOONEEN does not guarantee that the service, website, and content will be available in perpetuity (including, but not limited to all or any specific functionality of the service and website for any particular period). MOONEEN disclaims all warranties regarding any matter, modification, or improvement of the service, website, and content. MOONEEN hereby disclaims any implied warranties.
    • (2) MOONEEN will not provide any oral or written advice or information from the service, website, or content, thus, creating any warranty not stated herein. You are solely responsible for all your transactions or holdings of digital assets.
    • (3) The foregoing disclaimer shall apply to the fullest extent permitted by law and unaffected by the termination or lapse of these terms of use, or the termination or lapse of such use by the user of the service and website.
    • (4) The collaborated bank is only entrusted by MOONEEN in handling the transfer of funds between the transaction reserve balance of the transaction party and assure the transaction reserve balance. The collaborated bank does not endorse or vouch for MOONEEN or the service. The collaborated bank is not responsible for keeping digital assets and identifying the authenticity of digital assets.
    • (5) MOONEEN shall not be liable for any loss of any kind whatsoever arising from any action taken or taken in reliance on the materials or messages contained in the service. Although MOONEEN attempts to make your access and usage of the services safe, hence, it cannot and does not declare or guarantee that the services, content, content providers' servers of any NFT or any NFT that you interact with when accessing our services are free of viruses or other harmful elements. We cannot guarantee the security of any data you disclose online. MOONEEN parties or the service will not provide oral or obtained information, thus, creating any warranty or declaration. You accept the inherent security risks of providing information and conducting online transactions over the Internet, and will not hold MOONEEN responsible for any security breaches.
    • (6) MOONEEN will not be responsible or liable for any of your losses, nor will it be liable for your usage of any NFT and/or NFT-related content, including but not limited to any loss, damage, or compensation arising from:

      • 1. User misconduct, misconstructed transaction, or false address;
      • 2. Server failure or data loss;
      • 3. Unauthorized access or usage;
      • 4. Any unauthorized third-party activities, including but not limited to the usage of viruses, phishing, brute-force cracking, or other means of attacking the service or NFT.
    • (7) MOONEEN is unable to disrupt or otherwise control the transfer of ownership or rights in any NFT or related content or items on any transfer or sale occurring on the related blockchain (e.g. ETHEREUM).
    • (8) MOONEEN disclaims all responsibility or liability for any ongoing loss or damage resulting from bugs or malfunctions of any kind, software (e.g. wallets, smart contracts), abnormal behavior of the blockchain, or any other NFT functionality.

    15、 LIMITATION OF LIABILITY

    • (1) You hereby acknowledge and agree that, to the maximum extent permitted by law, MOONEEN and its affiliates (including each company's officers, directors, employees, agents, representatives, and lawyers or any other party involved in the creation, production, or delivery of the service, and companies or individuals related to the website or content) (hereinafter referred to as "MOONEEN and related parties") only for:

      • 1. The direct damage caused by the third party taking advantage of the lack of MOONEEN’s computer system to invade MOONEEN’s computer system, hence, manipulating and tampering with your Rise of Elves account;
      • 2. In addition to the above-mentioned circumstances, MOONEEN shall be liable to you for direct damages caused by intentional or gross negligence in providing this service and website.
    • (2) You hereby acknowledge and agree that, to the maximum extent permitted by law, the direct damages referred to in these terms of use refer to the damaged property rights themselves, excluding any loss of profits, loss of business opportunities, or any specific, indirect, punitive damage or loss.
    • (3) You hereby acknowledge and agree that to the maximum extent permitted by law, MOONEEN and related parties shall be responsible for the first article, and the overall compensation liability of MOONEEN and related parties shall be based on intentional or gross negligence or negligence (as the case may be), The top limit if liability depends on the amount of the US dollar value of the digital assets stored in your Rise of Elves account at the time of the occurrence, and no responsibility is assumed for the excess.
    • (4) Without limiting the general nature of the above provisions, MOONEEN and related parties shall not be liable for the suspension, delay, or failure of the transfer of funds between the transaction reserve balance due to any of the following circumstances:

      • 1. Your violation of these terms of use or any policy or agreement incorporated into these Terms of Use, including but not limited to privacy policy;
      • 2. You failed to complete the verification procedures set out in Article 4-(1) or Article 8-(1);
      • 3. The collaborated bank fails to provide parts or all of the trust services to MOONEEN due to natural disasters, acts of civil or military authorities, acts of terrorism, civil strife, war, strikes or other labor disputes, fire breakage, carriers, network services or network interruption, equipment and/or software failure, DOS/DDOS attack, other disaster or any other event beyond reasonable control.
    • (5) Under any circumstances, you hereby acknowledge and agree that MOONEEN and related parties shall not be liable for any damage or loss that was not reasonably foreseeable.
    • (6) If you have a dispute with one or more users, you shall release us from all claims, demands, and damages, known and unknown, arising out of or in any way related to such dispute. MOONEEN is not responsible for disputes between users or between users and third parties, nor does it provide dispute resolution services, and each party must resolve these disputes by themselves.

    16、 TERMINATION RIGHTS

    • All licenses granted by MOONEEN will automatically terminate if you violate any provision of these terms. Furthermore, despite anything contained in these terms, we attain the right to suspend, disable, terminate or delete your account and/or your access to or use of the services (or any part of the aforementioned), and you hereby acknowledge and agree that in such event, we shall have no liability or entitled to a refund of the funds you have paid forehand.

    17、 LIABILITY

    • You hereby agree to compensate MOONEEN and related parties for damages liability, compensation, loss, litigation costs, etc., including but not limited to reasonable investigation and accounting costs, arising out of or related to the following circumstances:

      • 1. Your violation of the decree, these terms of use, or policies or agreements incorporated into these terms of use, including but not limited to the privacy policy;
      • 2. Disputes between you and MOONEEN or any other user of the website;
      • 3. Your violation of any third-party rights, including but not limited to any intellectual property rights, confidential information, or other proprietary rights. The obligations of the terms will continue to apply after the termination or expiration of these terms of use, or after the user terminates use of the service and the site.

    18、 REASONABLE EXCEPTION FOR THE CONSUMERS RESCINDED RIGHT

    • The service or website provided by MOONEEN is digital content that is not provided in a tangible or online service, hence, after completion, it is provided with the prior consent of the consumers. Therefore, in accordance with Article 19, Item 2 of the Consumer Protection Act, Excludes the application of the right to cancel Article 19, Paragraph 1 of the Consumer Protection Act.

    19、 GENERAL REGULATIONS

    • (1) 修改

        • 1. MOONEEN attains the right to modify, discontinue or terminate the service and the site or amend these terms of use at any time. When MOONEEN revises the terms of use, the latest revised version will be posted on: https://www.riseofelves.com/term, or be notified or published in other ways MOONEEN deems appropriate.
        • 2. When MOONEEN publishes the revision on MOONEEN's website or provides you with an electronic notification of the revision, your constant access to the service and website is deemed to be in your agreement and confirmation, thus, must be bounded by the revised terms of use. When there are any major changes to the terms of use, MOONEEN may also ask you to reconfirm and concede. If you are unable to concede to the revised terms of use, you must stop accessing the service and the website immediately.
    • (2) Suggestions and Intermediary

        • 1. MOONEEN does not provide any investment, financial, tax, or legal advice, or advice on trading techniques, models, or any other schemes, and MOONEEN does not act as your broker or deal transactions on your behalf.
        • 2. You are solely responsible for determining whether any investment, investment strategy, or related transaction is suitable for you based on your personal investment objectives, financial situation, and risk tolerance.
    • (3) Integrated Contract

        • These terms of use constitute the entire agreement between you and MOONEEN and apply to your usage of the services and website, thus, replacing any prior or other contemporaneous oral or written representations.
    • (4) TRANSFER

        • 1. In addition to the terms of use as provided otherwise, you may not assign or transfer all or parts of your rights under these terms of use bounded by law or without the prior written consent of MOONEEN.
        • 2. Any transfer or allocation without MOONEEN's prior written consent is deemed ineffective. MOONEEN may assign or transfer these terms of use in its sole discretion and without restriction.
        • 3. In accordance with the regulations mentioned above, the terms of use will effectively bind that party, its successors, and assignees.
    • (5) Unwavering Rights

        • 1. In addition to the terms of use as provided otherwise, you may not assign or transfer all or parts of your rights under these terms of use bounded by law or without the prior written consent of MOONEEN.
        • 2. Any transfer or allocation without MOONEEN's prior written consent is deemed ineffective. MOONEEN may assign or transfer these terms of use in its sole discretion and without restriction.
    • (6) Separability

        • If any provision of the terms of use is held to be invalid or inapplicable, the remaining provisions of these terms of use, and the remainder of the provisions other than the portion held to be invalid or inapplicable, will still remain effective.
    • (7) Alteration in Administering Rights

        • When MOONEEN is acquired or merged by another third party, we attain the right to assign or transfer the information we have collected from you under any circumstances as part of such merger, acquisition, sale, or other change of control.
    • (8) Subsist

        • In nature provisions of the terms of use should extend beyond the expiration or termination of these terms of use including, but not limited to, provisions related to suspension and termination, provisions for canceling Rise of Elves accounts, and liable provisions to MOONEEN. The terms of use of the service and website, as well as the General Terms, shall remain effective from the termination or expiration of these terms of use.
    • (9) Applicable Law and Jurisdiction

        • 1. These Terms of Use are governed by and will be interpreted in accordance with the laws of the Republic of China (including but not limited to the validity, interpretation, structure, performance, and enforcement of these terms of use, or any disputes arising out of or related to these Terms of Use).
        • 2. Any disputes, controversies, inconsistencies, compensation related to these terms of use, or issues concerning the violation, termination, or invalidity of these terms of use, shall be in the exclusive jurisdictional court of the first instance in Taipei District Court, Taiwan.
    • (10) Force Majeure

        • MOONEEN is not responsible for any delay, failure to perform, or interruption of the service, website, or content, directly or indirectly, due to causes or circumstances beyond our reasonable control, including but not limited to natural disasters, acts of civil or military authorities, acts of terrorism, civil commotion, war, strikes or other labor disputes, fire breakage, carrier, internet service or internet provider, service interruption, equipment and/or software failure, DOS/DDOS attack, rapid fluctuations in the price of any supported digital assets, other disasters or event beyond unreasonable control, and such delay or failure to enforce will not affect the validity and enforceability of any remaining provisions. MOONEEN shall not bear any responsibility as mentioned above, for any damage caused by any computer virus, spyware or program, trojan horse, computer worm or other malicious software, phishing attack, electronic interference, or other attacks that may affect your computer or other equipment or interruption.
    • (11) Language

        • The standardized Chinese version will be implemented and subjected to the definitions and interpretations in the Chinese version. Any incorrect information and translation provided by the Chinese version will not be implemented, and in case of any inconsistency, the standardized Chinese version shall be used.

    20. CONTACT MOONEEN

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