Introduction

This section contains information about our website and the fundraising platform we provide. It also explains how to access and register with the website and provides links to our policies and guidelines. These apply to your use of this website including the project and related rewards we offer and what we do with any personal information we collect as you use this website.

Please note that we do not offer regulated investments through the platform. Therefore, we are not authorised or regulated by the Financial Conduct Authority. As with all rewards-based crowdfunding, there is no recourse to either the Financial Ombudsman Service or the Financial Services Compensation Scheme.

1. Welcome

1.1. Welcome to MoonXcribe. The MoonXcribe.com website and the services offered through the website are operated and owned by MoonXcribe Limited (“we”, “us” or “our” as appropriate). For further information about us and our contact details, please visit the About Us page and see paragraph 20, Contact Us below.

1.2. We may make our services available through a number of channels. They are currently available through www.moonxcribe.com

1.3. To make these Terms quicker to read, we use a few key definitions: we are a self-organising crowdfunding operation seeking to raise funds and offer Rewards for doing so as “Project Owner”. The aims of the MoonXcribe Project are detailed on our website – MoonXcribe.com, and the Project is broken into Phases. Crowdfunding is to be used in Phase 1 via a series of funding rounds to achieve the initial MoonXcribe “ Project Goal”. Individuals that sign-up for our Newsletter are “MoonXcribe Members”. MoonXcribe Members that support our Project by contributing funds are “Donors”, their contributions are “Donations”, the minimum total value of Pledges sought by us as Project Owner for a particular Project is the “ Funding Target”, the maximum period for which Pledges can be made for a Project is the “Fundraising Period” and the total value of Pledges (excluding cancelled Pledges) that a Project has received at the end of the Fundraising Period is the “ Total Pledges”. MoonXcribe Members and other visitors to MoonXcribe.com are referred to as “Users” or “ you”, as applicable.

1.4. We provide a platform for individuals registered with MoonXcribe.com (“MoonXcribe Members”) to raise funds for MoonXcribe Limited to pursue the Project Goal. The platform allows MoonXcribe as Project Owner to offer unique items, services or experiences (“Rewards”) as ‘thank you’ gifts for your support and also provides an opportunity to build a global community around the Project Goal by promoting it on the platform and on certain social media sites to friends, family and other supporters.

We are primarily pursuing a global crowd-funded enterprise focused on democratising access to the Lunar Economy for the masses by developing a viable business that is able to provide a mass market funded lunar regolith messaging service at a certain point in the future. Organisations or high value individuals seeking a bespoke relationship with MoonXcribe should contact us separately via the Contact Us page on www.moonxcribe.com/contact.

It should be recognised that the goals of MoonXcribe Limited are extremely ambitious having never been previously attempted and therefore there is an element of risk associated with the achieving of our goals. The success of the MoonXcribe project goal depends on a) the experience and skill of the board of directors and key employees in mitigating and managing down the technical and commercial risks and b) securing sufficient public support for the endeavour.

Our Guidelines form part of the terms and conditions that are incorporated in the contract between us (collectively, the “Terms”) so please take the time to read them.

1.5. Please read these Terms carefully before you start to use MoonXcribe.com, as they will govern your use of MoonXcribe.com.

1.6. By using MoonXcribe.com, you confirm that you accept these Terms and that you agree to comply with them. If you do not want to be bound by these Terms please do not access, use and/or contribute any content to MoonXcribe.com or interact with its MoonXcribe Members.

1.7. If you have any queries or concerns regarding these Terms, please contact us using the details in paragraph 20, Contact Us below.

2. Accessing and using MoonXcribe.com

2.1. Anyone can access MoonXcribe.com. However, to make a Pledge as a Donor you will need to register as a MoonXcribe Member by signing up and creating an account. For that purpose, you must be at least 18 years of age or, if higher, the age at which you are legally recognised as an adult in your jurisdiction and there must be no reason why you should not be in contact with any other MoonXcribe Members. To create an account, please go to the Sign-Up page. To make a Pledge, Donors will require a valid payment method acceptable to us.

2.2. You are not eligible to use your MoonXcribe.com account if we have temporarily suspended or previously terminated your access to MoonXcribe.com account and we have not expressly authorised you in writing to resume using MoonXcribe.com.

2.3. We try to make MoonXcribe.com available at all times, but, of course, we cannot guarantee this. Please see further paragraph 12, Promises, liability and disclaimer regarding the availability of MoonXcribe.com.

3. Your privacy

3.1. We take your privacy very seriously. Please read our Privacy Policy to see how we use your personal information.

4. Account registration

4.1. You can sign up and create your account on the Sign Up page, where you will be asked to confirm your acceptance of these Terms.

4.2. You must make sure that all the information you provide when you register with MoonXcribe.com is true, accurate and current and complete.

4.3. If you change any of your registration details (e.g. email address, postal address), you must update your account. It is important to realise that certain rewards may be offered to you (as a Donor) in the future and we need to have accurate contact information at all times.

4.4. To help us maintain the security of MoonXcribe.com, you must keep your login details confidential. Please do not share your login details with any person you do not know and trust or that is not involved the Project (nor leave your device unattended whilst logged into MoonXcribe.com) as you will be held responsible for all activities that occur on your account (with or without your knowledge) as a result of doing so. If you become aware of any misuse or unauthorised use of your login details, then you must inform us immediately by sending an email to us.

4.5. In the event that you have, or we have reason to believe that you have breached, or will breach these Terms, we may terminate or suspend your registration and/or access to MoonXcribe.com and/or to any content made available on MoonXcribe.com.

4.6. You can request deletion of your account at any time and in doing so you will forfeit any rights to unclaimed or unredeemed Rewards at the time of deletion. Please email us to request deletion of your account.

4.7. We reserve the right to delete your account at any time.

5. Our Role as Project Owner

5.1. We provide a platform through which MoonXcribe Members can raise finance for our Project by making donations and receiving Rewards. By providing this platform, we facilitate agreement between ourselves as Project Owners and you as Donors for Pledges and Rewards, subject always to these Terms; ‘ground rules’ that we put in place to act as safeguards for the benefit of all MoonXcribe Members.

5.2. Creating and updating Project Details

5.2.1.As Project Owner, we can create, update and maintain details of our Project to our publicly accessible webpage on MoonXcribe.com (“How Page” and “Donations Page”) using the functionality we provide.

5.2.2.MoonXcribe is crowdfunding the Phase 1 of the Project using a ‘Forever Funding’ rewards-based crowdfunding mechanism.

5.2.3.With 'Forever Funding'– our Project will stay open to receive Pledges on a continuous basis (but at a minimum for the Fundraising Period below) and we will receive funds on a daily basis.

5.2.4.The minimum Fundraising Period for any given funding round will be 28 days and there is no maximum.

5.2.5.MoonXcribe uses a payment processor, (currently PayPal & Stripe Inc), to process Pledges to our Project. Any personal information you provide to Stripe or PayPal will be processed in accordance with their privacy policies and not ours. Please see our Privacy Policy for further details regarding your personal information and the third-party service providers that we use.

5.2.6.We reserve the right, but are not obliged, to attempt to verify your identity and other information you provide to us.

In particular Pledges that are flagged to us as fraudulent by Donors or our third party payment providers will be subject to review. If we find fraudulent Pledges have been made to our Project, we will cancel those Pledges and remove the details of the associated Donor from our How Page and Donations Page. If, in our sole discretion, we determine your Project to be a fraud risk we may also ask you for more information and you agree to respond to such requests and provide such information within a reasonable time. We or our payment providers may also perform an examination before any funds are distributed to you. We will not be liable to you for any losses that you suffer or incur as a result of us taking any of the actions in this paragraph 5.2.6. We reserve the right to pass on the cost of chargebacks to you.

5.2.7.We reserve the right, but are not obliged to, to suspend the Project at any time and for any reason.

5.3. Pledges

5.3.1.Pledges must be paid in the currencies displayed (British pounds sterling and, if displayed, United States Dollars or Euros). The minimum single Pledge amount is £20, or, if displayed, $20 or €20.

5.3.2.Donors may fail to fulfil payment of Pledges and you acknowledge that your payment of Pledges is entirely outside of our control. Consequently, we cannot guarantee and shall have no liability for our failure to receive any funds Pledged by Donors in relation to MoonXcribe.com.

5.3.3.In the event we are unable to verify any information to our satisfaction, we may delay, withhold, cancel or refund any Pledges or other amounts without giving any notice to you and do so without incurring any liability to you.

5.4. Communicating with Donors and Personal data relating to Donors

5.4.1.We will record via MoonXcribe.com details of each Donor that makes a Pledge to our Project which may include personal data relating to those Donors (including your name, email address, date and amount of their Pledge and any comments you make). You acknowledge that our processing of that personal data during and after the Fundraising Period including during the course of the Project (e.g. to keep in contact with Donors about the progress of our Project and our achievements). All personal data will be managed as defined in our Privacy Policy and Data Protection Policy.

5.4.2. We may make available to you functionality within your account that allows you to send emails or messages to other MoonXcribe Members (Donors). To the extent that we are, for the purposes of data protection law, a processor of the personal data we process when you use this functionality, the terms of our Data Processing Policy will apply

5.5. MoonXcribe (Project Owner) Obligations

5.5.1.As a Project Owner, MoonXcribe Ltd shall:

(a) apply any funds you receive from Donors solely and directly for the purpose of achieving the Project Goals and for no other purposes;

(b) meet all commitments we make in our Project including, but not limited to, delivering all Rewards we offer to Donors;

(c) use all reasonable endeavours to fulfil each Reward by the estimated fulfilment or delivery date (as applicable) specified by us on the “How Page” and “Donations Page”.

(d) promptly and accurately respond in full and to our satisfaction to all queries, clarifications or requests made by any Donor;

(e) comply with all our obligations as a ‘controller’ of personal data under applicable data protection and privacy laws, including by providing appropriate privacy information to the Donors whose information we receive through MoonXcribe.com;

(f) promptly contact and work with Donors to reach a mutually satisfactory resolution, which may include refunding their Pledges if we are unable to fulfil any of our commitments (including providing any Rewards);

(g) comply with all applicable laws and regulations in relation to our Project, our use of Pledges and our offer and fulfilment of Rewards;

(h) be responsible for paying all fees and collecting and remitting all applicable taxes (including income tax and VAT or similar taxes) connected with the Pledges we receive and the Rewards we offer;

(i) where we have received any Pledges, be responsible for issuing refund of Pledges to and responding to requests for refunds of Pledges from Donors, where submitted within the cooling off period (14 days); and

(k) provide all assistance and co-operation required by us from time to time, including by providing copies of any records or information you hold, in particular in respect of any regulatory investigation, audit or enquiry.

6. Rewards

6.1. MoonXcribe Rewards. We have various types of Rewards that we offer to Donors on outlined on MoonXcribe.com.

6.2. We will assign to you a MoonXcribe Token in the form of a unique multi-digit code.

6.2.1. The MoonXcribe Token will register your position in our Membership List and will be published in Phase 2. List Position will be determined by time of donation, unless indicated otherwise.

6.2.2. Donors will be limited to a maximum of 5 Tokens.

6.2.3. Each Token represents an option to purchase a Lunar Messaging package at such time in the future as MoonXcribe Limited is able to offers such contracts.

6.2.4. The Token itself will have no intrinsic monetary value but we will enable functionality in Phase 2 that allows members to trade List Positions, via a MoonXcribe App.

6.2.5. Messages created on the Lunar surface will be sequenced according to List Position, such that List Position #1 confers the opportunity for the very first message on the Moon.

6.2.6. We reserve the right to withhold a limited number of Tokens (2%) for use in offers, competitions and for promotional purposes.

6.3. We regularly send you, via email, our MoonXcribe Project Newsletter.

6.4. You will be invited to participate in online MoonXcribe community activities such as technical challenges, voting on certain decisions (e.g. writing approaches & naming lunar vehicles) and competitions.

6.5. You will be entitled to a 10% discount on MoonXcribe merchandise purchased through Moonxcribe.com at such time as the online shop is available. You will be required to be logged in to access this reward.

6.6. The specific available rewards at any given time will be those detailed on Moonxcribe.com.

6.7. We reserve the right to update, modify and/or remove Opt-in rewards at any time.

7. Donors

7.1. Types of contribution

7.1.1.Donors can contribute to a Project by:

(a) making a Pledge; and/or

(b) offering their time and skills to the Project Owner by engaging with us in technical challenges, competitions, online polls, STEM activities and other such endeavours. You may also wish to engage with us directly with your ideas or skills, which you may do via email. If you offer your time and skill you do so at your own risk and will be solely responsible for any arrangements you make with us as Project Owners in connection with the provision of the services that you offer.

7.1.2. You acknowledge that your contribution (whether financial or otherwise) does not entitle you to any rights in or to the Project, including any ownership, control or intellectual property rights.

7.2. Making a Pledge

7.2.1. Once you have registered as a MoonXcribe Member, you can make a Pledge by visiting the Donations Page, selecting the amount you wish to contribute and the Reward package you would like to receive then selecting your payment method and submitting payment.

7.2.2. Your username will not be made publicly available in connection with your Pledge on MoonXcribe.com, although your details will still be stored.

7.3. Rewards

7.3.1. If you wish, you may make a Pledge and elect not to access your Reward.

7.3.2.Once you have made a Pledge, you cannot change your selected Reward package without cancelling your Pledge.

7.4. Payment

7.4.1. Once you have confirmed the amount you wish to Pledge, you will be prompted to pay (using the payment method you select) via our third party payment provider, Stripe Payments Europe Limited (“Stripe”) or PayPal (Europe) S.à r.l. et Cie, S.C.A (PayPal). Separate terms and conditions will apply to the provision of payment services and the payments you make using Stripe services. Any personal information you provide to Stripe will be processed in accordance with its privacy policies and not ours. Please see our Privacy Policy for further details regarding your personal information and the third party service providers that we use.

7.5. Cancelling a Pledge and Refunds.

7.5.1.You are unable to cancel a Pledge once made in relation to a Forever Funding Project.

7.5.2.This does not affect your statutory or legal rights. In the UK advice about these rights is available from your local Citizens' Advice Bureau or Trading Standards office. Please see further paragraph 8, The contract between Project Owners and Donors.

7.6. Donors’ Obligations

7.6.1. As a Donor, you shall:

(a) ensure that you have sufficient funds or credit available for payment of the Pledge;

(b) promptly respond to a Project Owner following a request for information reasonably required by the Project Owner to fulfil a Reward that you have chosen at the time you made your Pledge;

(c) comply with the terms and conditions for the payment processing services provided by our third party payment providers (please see paragraph 7.4, Payment Methods, for further details regarding those providers and the applicable terms and conditions); and

(d) ensure that any funds used to make Pledges will not result in a breach of applicable law.

8. Other important terms

8.1. The contract between Project Owners and Donors

8.1.1. The contract relating to the provision of funds from Pledges and the fulfilment of Rewards is made solely between the Project Owner and Donors, subject always to these Terms. By making a Pledge, a Donor is making an offer to enter into a contract with the Project Owner.

8.1.2. The following steps have to take place before a contract is made between the Donor and the Project Owner:

(a) after signing into their account the Donor makes a Pledge by submitting their payment details for processing and clicking “Add to Cart”. Before making their Pledge, the Donor will have the opportunity to review the Pledge amount and any related Reward and, if necessary, to amend these details; and

(b) the Donor will see an on-screen acknowledgement of their Pledge and receive an email confirming details of the Pledge made, to the email address provided by the Donor.

8.1.3.The Project Owner accepts the Donor’s offer, and a binding contract is made between them, at the time the Pledge is received by us, in the case of Forever Funding Projects.

Accordingly, nothing that we say or do will amount to any acceptance of a Donor’s offer until the event listed above in this paragraph occurs.

8.2. Interest on Pledges

8.2.1. Any interest on Pledges or other funds held by us shall accrue to our benefit and Donors shall not be entitled to such interest in relation to distributed funds or refunded Pledges.

8.3. Publication and sharing of personal information relating to Donors.

8.3.1.We will not ordinarily verify the identity of anyone who becomes a MoonXcribe Member nor the information they provide to MoonXcribe. It is your responsibility to ensure we have accurate data in order to receive the Rewards we offer. We will take reasonable steps to contact MoonXcribe Members where we have genuine need to do so, but cannot be held responsible for rewards forfeited through your failure to respond to us in a reasonable timescale.

9. Our and your content

9.1. All of the content on MoonXcribe.com is owned by (and all copyright, trade mark and other intellectual property rights in that content shall at all times remain vest in) us or our licensors and is protected by UK and international copyright and other intellectual property laws.

9.2. Our content includes any information or other material found on or via MoonXcribe.com, including without limitation text, databases, graphics, videos, audio, software and all other features found on or via MoonXcribe.com.

9.3. We make MoonXcribe.com, our content and any user generated content (UGC) available through MoonXcribe.com for your personal, non-commercial use only (please see paragraph 9.6, About the content you and others provide to MoonXcribe.com for further details about the UGC that we make available through MoonXcribe.com). You may view MoonXcribe.com’s pages and content online and print a copy of these Terms for your records. You may not otherwise reproduce, modify, copy or distribute or use any of the content on MoonXcribe.com without our prior written consent.

9.4. To be clear, you are not in any circumstances permitted to:

9.4.1. make commercial use of any such content except in the case of your own UGC which you may use for the purposes of providing information in connection with our Project as described on the How Page;

9.4.2. edit any such content; or

9.4.3. remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.

9.5. The trade marks, logos and brands appearing on MoonXcribe.com are owned by us or our licensors. No permission is given in respect of the use of any of these marks, logos or brands, and any such use may constitute an infringement of the our rights. MoonXcribe is a registered Trademark.

9.6. The content you and other Users provide to MoonXcribe.com shall adhere to the rules of the MoonXcribe.com community:

9.6.1.The use of the community features contained on MoonXcribe.com:

(a) any content which you and other Users post or contribute to MoonXcribe.com using its community features (including content you upload to our Website, comments you make, internal messages and Project updates) is generally known as “user generated content” or “UGC” for short. Paragraphs 9.6.2 to 9.6.3 set out the rules for contributing content, how we and other Users may use your UGC and how you can use their UGC.

(b) We positively encourage MoonXcribe Members to make full use of MoonXcribe.com and in particular to participate in the MoonXcribe.com community. However, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by the guidelines set out in these rules:

9.6.2. You agree to ensure that:

(a) you only contribute UGC to MoonXcribe.com if you know that you have the necessary rights to do so. By contributing UGC to MoonXcribe.com, whether text, images, video, sound recordings or other material, you are promising to us and to other Users that: (i) you either own any copyright in that content or that you have obtained the necessary right(s) to make the content available through MoonXcribe.com in accordance with these Terms and permit its use via MoonXcribe.com and in our newsletters and that such permissions are freely available on demand by us should we require; and (ii) you will not be infringing anyone’s intellectual property or other rights or breaching any law or regulation (including data protection and privacy laws), by contributing that content and by allowing it to be used in the ways described in these Terms. If you are in doubt about whether you have permission to post your UGC, please do not upload or post it to MoonXcribe.com.

(b) all information provided by you via MoonXcribe.com or which you provide to other MoonXcribe Members or in connection with any Project is accurate, true and up to date in all respects and at all times and is not misleading in any way;

(c) all content posted by you is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, or otherwise objectionable or embarrassing to any other person as determined by us in our sole discretion;

(d) you will use MoonXcribe.com and any information and content obtained from it lawfully and only for the purposes for which it has been provided and in accordance with these Terms;

(e) you will not harass or mislead or act unlawfully towards any person that you have contacted via MoonXcribe.com or disclose or use any contact information that they may provide to you without their consent;

(f) you will cease to contact anyone that you have contacted via MoonXcribe.com immediately if they request you to do so; and

(g) any content you upload is not in breach of any copyright or other intellectual property rights owned by a third party and, in the case of any photos or videos that identify individuals, that you have their full permission to make their image available through MoonXcribe.com and to permit use of such content and image by any third parties we may authorise under these Terms.

9.6.3. You may not:

(a) distribute or post spam, in particular by sending unsolicited marketing messages to other MoonXcribe Members, or distribute or post chain letters, unsolicited loans (MoonXcribe.com strongly recommends that you do not make contact with members offering you unsolicited loans. MoonXcribe.com cannot be liable for any losses incurred if you choose to ignore this advice) or pyramid schemes;

(b) distribute viruses or any other technologies that may harm MoonXcribe.com or the interests of Users of MoonXcribe.com or MoonXcribe Members or otherwise interfere with or disrupt our servers;

(d) after receiving a warning, continue to disrupt the normal flow of dialogue, or post or transmit comments that are not related to the topic being discussed;

(e) except as permitted under these Terms, copy, modify, or distribute our content or trade marks from MoonXcribe.com or MoonXcribe Members’ copyright material and trademarks or any content or trademarks owned by a third party unless you have their explicit permission;

(f) harvest or otherwise collect or use information about MoonXcribe Members without their explicit consent;

(g) impersonate another MoonXcribe Member or falsely state or otherwise misrepresent your affiliation with a person or entity;

(h) allow any other person or entity to use your log in details or account for posting or viewing comments or for communicating with other MoonXcribe Members;

(i) continue to use MoonXcribe.com if your access to MoonXcribe.com has been suspended or your account terminated;

(j) engage in any other conduct that restricts or inhibits any other persons from using or enjoying MoonXcribe.com, or which, in our judgment, exposes us to any liability or detriment of any type; or

(k) upload, post or publish to MoonXcribe.com or otherwise provide to us any personal data about children (i.e., individuals under 16) or ’special category’ or criminal conviction data.

9.6.4. Please note that any posting of information or sending of internal messages on or via MoonXcribe.com is the opinion of the person posting or sending only and does not necessarily reflect our opinions or attitudes.

9.7. Who can use your UGC and how they can use it

9.7.1. When you contribute UGC to MoonXcribe.com:

(a) you are granting us unlimited, non-terminable and free permission (including the right to sub-licence that permission) to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world. By way of example only, this will include permission to;

· make all or any part of your UGC available through MoonXcribe.com to other Users of MoonXcribe.com;

include certain UGC in our newsletters;

· allow any third parties authorised by us to reproduce, display, publish, communicate, perform and/or embed activity and content on their platforms, including their websites and applications; and

· allow third parties to link to pages on MoonXcribe.com which contain your UGC.

(b) you are granting to every other user of MoonXcribe.com unlimited, non-terminable and free permission to use all or any part of your UGC on the same terms as you are permitted to use their UGC as described in the paragraph 9, Our and your content.

9.7.2. You (or, where applicable, your licensors) will retain all intellectual property rights in the UGC you contribute to MoonXcribe.com and nothing in these Terms shall assign or otherwise transfer any ownership of any such rights in or to your UGC.

9.7.3. Please note that any information posted via the functionality available on MoonXcribe.com is the opinion of the person posting only. If you rely on the information posted, you do so at your own risk. Although we have rules for the posting of content, it is possible that our interactive features could be susceptible to misuse. We ask all Users to contact us in respect of any suspicion of misuse.

9.7.4. Please be careful when using MoonXcribe.com and any community facilities that you do not reveal any information from which you can be personally identified by other Users such as your home or work contact details, your last name or where you live except in accordance with these Terms and where you feel comfortable revealing such personal information to such persons. You should in any event only reveal such personal information via secure communications that cannot be viewed by other people.

10. Third-party software

10.1. You acknowledge that you may need to download and activate certain software in order to use certain content available on MoonXcribe.com. This software will be clearly identified on MoonXcribe.com.

10.2. In order to use such third-party software or technology, you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.

11. Links

11.1. You acknowledge that MoonXcribe.com may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.

11.2. We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them.

11.3. If you decide to access any of these third-party websites, you do so entirely at your own risk.

11.4. If you use any linked websites, any personal information you give to them will be dealt with in line with their privacy policy, not ours, so please ensure that you read their terms and conditions and privacy policy before you use their websites and provide any personal information.

11.5. You may only link to MoonXcribe.com provided that:

11.5.1. the homepage is not loaded into frames on your website, unless we expressly agree; and

11.5.2. your site or services does not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values;

11.6. We reserve the right to withdraw linking permission to any time without prior notice.

12. Promises, liability and disclaimer

12.1. We promise that we will operate MoonXcribe.com with reasonable skill and care. Otherwise, the content and services available on MoonXcribe.com are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permissible under applicable law and subject to this paragraph 12.1 and paragraph 12.3, we disclaim any and all promises, warranties, conditions, or representations relating to MoonXcribe.com and its content, whether express, implied, oral or written. In particular:

12.1.1. Any posting of comments or information on MoonXcribe.com is the opinion of the person posting only and in no way reflects our opinions or attitudes, nor constitutes any form of recommendation, representation, endorsement or arrangement by us. To be clear, each user acts on his/her own behalf at all times and does not act as our representative or agent in any way.

12.1.2. We cannot guarantee and shall not be liable to you in relation to the performance or reliability of our third party payment processing services.

12.1.3. You agree that your access and use of MoonXcribe.com and its content is at your own risk. We do not have any knowledge of, or control over, the particular purpose(s) for which the information and content available on MoonXcribe.com is used. The content and information that we make available on MoonXcribe.com is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on MoonXcribe.com or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on MoonXcribe.com.

12.1.4. By using MoonXcribe.com you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of MoonXcribe.com, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the internet. Accordingly:

a) We do not make any promises about the availability or accessibility of MoonXcribe.com or promise that your access to MoonXcribe.com, the content on it or the services we provide will be delivered uninterrupted, timely or error-free;

b) We are not responsible for any data or information uploaded by any Users including any content posted, uploaded or published on MoonXcribe.com. It is your responsibility to make backup copies of any of the content you post, upload or publish on MoonXcribe.com and we strongly recommend that you do so;

c) We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, MoonXcribe.com or the server(s) that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of MoonXcribe.com is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content;

d) Whilst we hope that you will find the websites linked to on MoonXcribe.com of interest, no responsibility of any nature whatsoever is accepted for any such links or any information contained in them.

12.2. If you are dealing with us as a MoonXcribe Member, you have certain rights, including in relation to the Rewards that you receive from us. Nothing in these Terms will reduce these legal rights. For further information about your legal rights, please contact your local authority Trading Standards Department or Citizen’s Advice Bureau, or equivalent.

12.3. There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following:

12.3.1. for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation; or

12.3.2. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.

12.4. We will not be responsible or liable if we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control (as further detailed in paragraph 18.3 ).

12.5. Subject to paragraph 12.3 :

12.5.1. IF YOU ARE A MOONXCRIBE MEMBER THEN IF EITHER WE OR YOU FAIL TO COMPLY WITH THESE TERMS, NEITHER OF US SHALL BE RESPONSIBLE FOR ANY LOSSES THAT THE OTHER SUFFERS AS A RESULT, EXCEPT FOR THOSE LOSSES WHICH ARE A FORESEEABLE CONSEQUENCE OF THE FAILURE TO COMPLY WITH THESE TERMS. LOSSES ARE FORESEEABLE WHERE THEY WERE CONTEMPLATED BY YOU AND US AT THE TIME YOU ACCEPT THESE TERMS.

13. Indemnity

13.1. You agree only to use MoonXcribe.com in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including as a result of any UGC that you post to MoonXcribe.com or any actions you take which disrupt access to and/or the functioning of MoonXcribe.com) or any liability we incur as a result of the use of MoonXcribe.com by you and any other person that uses your account with your permission or as a result of your negligence.

14. Copyright complaints

14.1. We respect the intellectual property rights of others, and we prohibit Users of MoonXcribe.com from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.

14.2. It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us using the details provided in paragraph 20.

14.3. Additionally, it is our policy to terminate usage rights and any applicable accounts of MoonXcribe Members we determine to be repeat infringers of others’ copyrights. Please see paragraph 9.6 for further details.

15. Content hosted on third-party websites accessible from MoonXcribe.com is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.

16. Complaints about MoonXcribe and requests for further information

16.1. We want to give you great customer service but sometimes things do go wrong. We can usually resolve most issues quickly, so please email us to tell us how we can help.

16.2. If you have any general complaints about MoonXcribe or wish to request further information about MoonXcribe.com, please contact us via email, including the word “complaint” in the subject line, and we will do our best to resolve these.

Any complaint made will be acknowledged within 10 working days of being received. We deal with all complaints promptly, fairly, and seriously and will investigate the matter fully. If the complaint concerns an individual at MoonXcribe, the complaint will not be investigated by the person who the complaint relates to. We will write to you with the outcome of our investigation within 12 weeks of the complaint being received. As donations and rewards based crowdfunding do not come within the jurisdiction of the Financial Ombudsman Service, you will not be able to refer your complaint to this body.

17. Written communications

17.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using MoonXcribe.com, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on MoonXcribe.com. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

18. General

18.1. Severability. If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any licence provided under these Terms (including for use of your UGC).

18.2. Entire Agreement. These Terms govern our relationship with you and represent our entire agreement with you.

18.3. Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, we will not be deemed to be in breach of contract. Such circumstances include, but are not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.

18.4. References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.

18.5. Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

18.6. Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.

18.7. Exclusion of third party rights. These Terms do not create any right enforceable by any person who is not a party to them or any Contract made under them, except that the provisions of these Terms may be enforced by any of our licensors.

18.8. Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. All contracts made under these Terms will be concluded in English.

18.9. Territory. MoonXcribe.com is controlled and operated from the United Kingdom. If you choose to access MoonXcribe.com from outside the United Kingdom, we make no representation that the content and operation of MoonXcribe.com will comply with local laws.

18.10. Governing law and jurisdiction. Any disputes or claims between us arising out of or in connection with these Terms or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England. If a dispute arises between us out of or in connection with these Terms or any contract made under them, we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. If either or both of us refuse to initiate the mediation procedure within 30 days of the dispute arising or if we both fail to agree terms of settlement within a further 40 days of the initiation of the procedure, either of us will be free to initiate proceedings in the courts of England which will, subject to paragraph 18.11, have exclusive jurisdiction to deal with such dispute.

18.11. Nothing in paragraph 18.10 shall deprive MoonXcribe Members of the right to bring or defend proceedings in their home state nor of the protection afforded to them by the mandatory rules of law of the country in which they live.

19. Changes to these Terms and to MoonXcribe.com

19.1. We may make changes to these Terms at any time by sending you an email with the modified Terms or by posting a copy of them on MoonXcribe.com. Any changes will take effect seven days after the date of our email or the date on which we post the modified terms on MoonXcribe.com, whichever is the earlier. If you continue to use MoonXcribe.com after that period has expired, it means that you accept any such changes. For this reason, please periodically check the pages on which we post our Terms. If you do not agree to the changes, you must cease using MoonXcribe.com.

19.2. We reserve the right to change, suspend or discontinue the MoonXcribe.com website and/or the service we provide through it (including the availability of any feature, functionality database or content) at any time and for any reason. We may also introduce or remove limits on certain features or restrict your access to all or certain parts of MoonXcribe.com without notice to you and without incurring any liability.

20. Contact us

MoonXcribe Limited ® is a company incorporated in England. Our registered company number is 14033188. Our registered office address is MoonXcribe, 86-90 Paul Street, London, EC2A 4NE. Contact us via email at info@moonxcribe.com.