CGU - When Moon

The terms of this agreement (“Terms of Service”) govern the relationship between you and ATAYEN S.A., a US company (EIN 35-2510674) having its registered office at 2915 Ogletown Road, #2178 Newark, DE 19713, USA, (hereinafter “ATAYEN” or “Us” or “We”) regarding your use of ATAYEN’s website and games (the “Service”). Use of the Service is also governed by ATAYEN’s Privacy Policy, which is incorporated herein by reference.

Before using the Service, you must agree to these Terms of Service and the Privacy Policy. By using the Service, you represent that you are age 13 or older, and if you are a minor above the age of 13, you represent that your parent or legal guardian has reviewed and agreed to these Terms. If you access the Service from Facebook , you shall comply with Facebook’s Terms of Service (you can find Facebook’s Terms of Service here).

These terms are made available via stores that you download our games from (such as the Apple App Store, Google Play Store, or Amazon App Store), on any website or platform where you can play our games. By installing, using or otherwise accessing the Service, you agree to these Terms of Service and Privacy Policy.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND/OR PRIVACY POLICY OR ANY FUTURE UPDATED VERSION OF THEM, YOU MUST NOT INSTALL AND/OR USE OR OTHERWISE ACCESS THE SERVICE. If we require that any future update to these Terms of Service or Privacy Policy requires any action from you in order to accept the updated terms, then you may not be able to continue to use the services until you have taken such action.

ATAYEN reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service or Privacy Policy, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

LICENSE

IGrant of a limited license to use the Service Subject to your agreement and continuing compliance with these Terms of Service, ATAYEN is granting you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:

License limitations

Any use of the Service in violation of these License limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

ATAYEN reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of these Terms of Service. ATAYEN reserves the right to take actions as a result, which may include prohibiting you from using the Service in whole or in part.

ACCESSING THE SERVICE

You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Service. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Service.
There may be times when our Service or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

SUSPENSION & TERMINATION OF THE SERVICE

Without limiting any other remedies, ATAYEN may limit, suspend, terminate, modify, or delete access to the Service or portions thereof if you are, or ATAYEN suspects that you are, failing to comply with any of these Terms of Service or for any actual or suspected illegal or improper use of the Service, with or without notice to you. You can lose your user name and persona in the Service as a result termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the Service, and ATAYEN is under no obligation to compensate you for any such losses or results.

Without limiting our other remedies, we may limit, suspend or terminate the Service or portions thereof, prohibit access to our games and site, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Service if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our Terms of Service or Privacy policy. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate access to the Service of users who may be repeat infringers of third party intellectual property rights.

ATAYEN reserves the right to stop offering and/or supporting the Service or a game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, ATAYEN shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service.

OWNERSHIP

Games and service

All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, audio-visual effects, methods of operation, moral rights, documentation, character profile information, and the ATAYEN game clients and server software) are owned by ATAYEN. ATAYEN reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

Virtual Items

ATAYEN owns, has licensed, or otherwise has rights to use all the content that appears in the Service or in ATAYEN games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any ATAYEN game, whether earned in a game or purchased from ATAYEN.

USER CONTENT

Submission of User Content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a ATAYEN game client or the Service, or that other users upload or transmit. By submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is:

Content screening

ATAYEN assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications when you are using the Service.

By entering these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content.

ATAYEN reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time ATAYEN chooses, in its sole discretion, to monitor the Service, ATAYEN nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

Responsible for your own content

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. ATAYEN may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of ATAYEN violates these Terms of Service.

Your license to ATAYEN

You hereby grant to ATAYEN an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to ATAYEN the right to authorize others to exercise any of the rights granted to ATAYEN under these Terms of Service. You further hereby grant to ATAYEN the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. ATAYEN does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. ATAYEN has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

USER INTERACTIONS

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. ATAYEN reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with ATAYEN to investigate any suspected unlawful, fraudulent or improper activity.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, employees or representatives) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

FEES & PURCHASE TERMS

Purchases

In the Service you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use:

Please note that ATAYEN does not handle the transactions of any Virtual Currency. Third party payments provider handles all Virtual Currency transactions. By purchasing Virtual Currency in the Service, you are bound by third party payments providers’ Terms of Use.

ATAYEN may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. ATAYEN shall have no liability to you or any third party in the event that ATAYEN exercises any such rights. The transfer of Virtual Items is prohibited . You shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to ATAYEN, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for use in ATAYEN games is a service provided by ATAYEN that commences immediately upon acceptance of your purchase by ATAYEN, or by third party payments providers as the case may be. If you do not connect your game play on a device to a Facebook account, we will not be able to restore any Virtual items or other data associated with your game play to a different device if you lose that device or it is damaged. Accordingly, on a device which is not connected in this way:

The data associated with Virtual Goods, whether purchased by you using Virtual Currency or otherwise credited or awarded to you, is stored locally on your device and is not necessarily synced between different devices even if you have connected your game play on a device to a Facebook account. Accordingly, any risk of loss of this data is transferred to you :

Payment of fees

You agree to pay all fees and applicable taxes incurred by you or anyone using the Service. ATAYEN may revise the pricing for the Virtual Items offered through the Service at any time.

YOU ACKNOWLEDGE THAT ATAYEN IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS.

UPDATES TO THE SERVICE

You understand that the Service is an evolving one. ATAYEN may require that you accept updates to the Service and to ATAYEN’s games you have installed on your device or computer. You acknowledge and agree that ATAYEN may update the Service and ATAYEN games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play ATAYEN games.

DISCLAIMER OF WARRANTIES

WITHOUT LIMITING ATAYEN’S LIABILITY UNDER SECTION “LIMITATION OF LIABILITY & INDEMNIFICATION” BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

ATAYEN DOES NOT WARRANT:

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

LIMITATION OF LIABILITY & INDEMNIFICATION

To the maximum extent permitted by law, ATAYEN shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms of Service or the Service itself, whether based on contract, tort or any other legal theory, and whether or not ATAYEN has been advised of the possibility of such damages. To the extent not prohibited by law, ATAYEN shall not be liable to you for more than the amount you have paid to ATAYEN in accordance with these terms of service in the three (3) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to ATAYEN during such time period, your sole remedy (and ATAYEN’s exclusive liability) for any dispute with ATAYEN is to stop using the Service.

Nothing in these Terms of Service shall affect the statutory rights of any consumer or exclude or restrict any liability resulting from gross negligence or willful misconduct of ATAYEN or for death or personal injury arising from any negligence or fraud of ATAYEN.

You agree to indemnify, defend and hold ATAYEN (and our officers, directors, agents, subsidiaries, employees or representatives) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

DISPUTE RESOLUTION & LAW

If a dispute arises between you and ATAYEN, we strongly encourage you to first contact us directly to seek a resolution by going sending an e-mail to legal@atayen.us.

All disputes between you and ATAYEN shall be governed by the laws of Delaware USA, without regard to conflict of law provisions. You agree that any claim or dispute you may have against ATAYEN must be resolved exclusively by a court located in Newark, Delaware USA.

SEVERABILITY

You and ATAYEN agree that if any portion of these Terms of Service or of the ATAYEN Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

GENERAL PROVISIONS

Assignment

ATAYEN may assign or delegate these Terms of Service and/or the ATAYEN Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without ATAYEN’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

Supplemental policies

ATAYEN may publish additional policies related to specific services. Your right to use such services is subject to those specific policies and these Terms of Service.

Entire agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the ATAYEN Privacy Policy), contain the entire understanding of you and ATAYEN, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

No waiver

The failure of ATAYEN to require or enforce strict performance by you of any provision of these Terms of Service or the ATAYEN Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of ATAYEN’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by ATAYEN of any provision, condition, or requirement of these Terms of Service or the ATAYEN Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by ATAYEN shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of ATAYEN.

Notices

We may notify you via postings on www.prettysimplegames.com or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the ATAYEN Privacy Policy shall be in writing and addressed to:

ATAYEN, INC.
Attn: Legal
2915 Ogletown Road, #2178
Newark, DE 19713
USA

Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

Equitable remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to ATAYEN are of a unique and irreplaceable nature, the loss of which shall irreparably harm ATAYEN and which cannot be replaced by monetary damages alone so that ATAYEN shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any ATAYEN game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section “Limitation of Liability & Indemnification”.

Force majeure

ATAYEN shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of ATAYEN, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond ATAYEN’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.