Terms & Conditions
Last Updated: [21/02/2023]
Welcome to the MonsWallet which is provided via mobile application by Crescent Shine (“Crescent Shine”, “we”, “us” or “our”), or any other website, mobile application linked, related or otherwise connected thereto (“Crescent Shine Platform”) in order to provide you, whether personally or on behalf of entity you represent, (“user”, “you” or “your”) with our services of decentralized digital wallet (“MonsWallet”).
We, at our sole discretion, reserves the right to change, amend, modify or update any provisions of such Terms from time to time (“Changes”). Such Changes will be notified to you by updating the “Last Updated” date at the top of these Terms, giving the pop-up announce, sending a message to your Crescent Shine Account (“Crescent Shine Account”), and/or through any other communication methods which we deem to be reasonable unless otherwise indicated by us. Such Changes will be effective immediately upon being released to users in any manners. Your continued use of the Services or access to the Crescent Shine Platform will act as your acceptance of the Changes.
Please read these Terms carefully. It is your responsibility to review these Terms regularly. Under any circumstances shall your use of the Crescent Shine Platform and/or the Service(s) after the date of such Changes posted / notified confirm your acknowledgement and acceptance of such Changes.
By using our Service(s), you warrant and represent that you have full legal capacity to enter into and are bound by these Terms and are not prohibited from using the Services under the laws of your jurisdiction. If you are an individual, you are at least enough eighteen (18) years old and have full capacity for civil acts, or if you represent a legal entity, e.g. a company or organization, you have full legal capacity to enter into these Terms on such legal entity’s behalf. Otherwise, you and/or your guardian shall undertake all consequences resulting from your actions when applicable, and Crescent Shine shall have the right to freeze, suspend or cancel your Crescent Shine Account in addition to filing claims against you and your guardian for compensation. We reserve the right to change our eligibility requirements from time to time.
Decentralized Digital Wallet (MonsWallet)
MonsWallet will enable you to (a) create your decentralized digital wallet address and encrypted private keys that you may use to send, receive, store, and manage your cryptocurrencies and other cryptographic tokens ( “Digital Assets”), (b) browse and view your off-chain in-game (Monsterra game) assets, and (c) facilitate any Digital Assets-related transactions which are made available by Crescent Shine from time to time.
You are the only who controls your MonsWallet, Digital Assets therein and carries out any transactions in relation to your Digital Assets stored therein. Under no circumstances can Crescent Shine interfere with any of your Digital Assets storage and transactions from your MonsWallet. Therefore, you must keep your MonsWallet address, and private key access information secured. If you fail to keep such information secured, it may result in your loss of the Digital Assets associated with the MonsWallet and we cannot assist to recover your password.
Account registration and management
For your use of our Services, you may be required to create an account with us on the Crescent Shine Platform. It is essential that you keep your details and any other required information updated, current and complete, and keep your account password confidential. If you know or suspect that any third party knows your password or has accessed your Crescent Shine Account, you must notify us immediately. Under any circumstances do you agree that you are solely responsible for all activities that occur under your Crescent Shine Account.
We reserve the right to suspend / disable your Crescent Shine Account at any time if you have failed to comply with any of the provisions of these Terms, or if your use of the Crescent Shine Account causing any damage to or impairing the Services or infringing any third-party rights, or violating any applicable laws or regulations at our sole discretion.
For compliance with the customer due diligence check, you are required to provide current, complete, and accurate information for all required elements on the registration of the Crescent Shine such as your full name, personal identification documents, etc. If any of this information is changed, it is your obligation to keep such information updated as soon as possible. In addition, Crescent Shine may require you to provide further information or documents for your continued use of the Services if it is required by the applicable laws. Failure to provide such information in a timely manner may result in the suspension of your use of the Service(s) until you provide such information or the closure of your Crescent Shine Account. We reserve the right to maintain such registration information even your Crescent Shine Account is disabled or closed for our business and regulatory compliance purposes.
By accessing the Crescent Shine Platform and/or using the Services, you agree and acknowledge that we are not liable for your use of the Services in any way, and you warrants and represents that (a) your opening the Crescent Shine Account and/or using the Services does not violate any applicable laws under your jurisdiction, (b) all registration information is kept accurate, current, and complete in any time, (c) your access of the Crescent Shine Platform and use of the Services will abide to these Terms, the applicable laws and regulations, (d) you will not conduct the prohibited acts in term of your use of the Crescent Shine Platform and/or Services (“Prohibited Acts”), including, but not limited to, use the Crescent Shine Platform or the Service(s) for any unauthorized purposes other than for which we make the Crescent Shine Platform nor the Service(s) available or for illegal purposes, e.g. illegal gambling, fraud, money laundering, financing terrorist, weapons trading or other crimes; attempt to gain unauthorized access to other users’ Crescent Shine Accounts through password mining or any other means; use account information of another party to access or use the Crescent Shine Platform; use any information obtained from the Crescent Shine Platform, the Services to abuse, harm another person; circumvent, disable, or otherwise interfere with security-related features thereof; trick, defraud, mislead us and other users, make improper use of our support services or submit false claims; interfere with, disrupt, or create an undue burden on the Crescent Shine Platform; upload or transmit viruses, Trojan horses, or any other harmful or deleterious programs which interferes with any users’ uninterrupted use the Crescent Shine Platform or Service(s), or modify, impair, disrupt, alter, or interfere with the use, features, functions, operation of the Crescent Shine Platform and/or the Services; make unauthorized copies, modify, adapt the Services or any portion therein, including any files, documentation, source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof; distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof; use the Services, without our consent, for any commercial including communicating or facilitating any commercial advertisement or solicitation or spamming, or renting, leasing the Services for a fee; interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services; incorporate the Services or any portion thereof into any other platform (website or mobile application) without our consent, (e) you have not been included in any trade embargoes or economic sanctions list, for example, United Nations Security Council Sanctions list, the list of specially designated nationals maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control, or the denied persons or entity list of the US Department of Commerce, or list of entities restricted or barred from conducting banking or financial transactions in any jurisdiction or under any applicable laws (“List of Sanctioned Entities”).
In case of violation of the aforementioned warranties and representations, you agree that we have the right to unilaterally determine whether you have conducted such violation act(s) and take the necessary actions without receiving your consent. Subject to the nature and level of violation acts, we will take one or more actions, including, but not limited to, (a) suspend to provide any portion or all of the Services immediately, (b) freeze, suspend or terminate your Crescent Shine Account, (c) report the competent authorities in the jurisdiction of your residence or establishment, and/or (d) remove any violated information / contents provided by you. We will provide you with the notice of our certain actions taken.
By accessing the platform or using the services provided by any third party as prescribed herein, you also acknowledge and agree that the referred agreements, policies of such third party may apply to your use.
You agree and acknowledge that you need to implement your own safeguards to protect your account and personal information. You are solely responsible for keeping your Crescent Shine Account and password secured safely. Accordingly, you must change your password regularly, contact us immediately if anyone asks for your password, or any suspicious login occurs.
Crescent Shine reserves the right to collect service fees and charges on you who use the Service(s). The service fee schedule charged for the Services (if applicable) will be notified to you by posting an announcement on Crescent Shine Platform or sending a notice to your Crescent Shine Account, registered email or other communication methods. We will keep you informed if your use of Services is subject to any fees and charges. Otherwise, Crescent Shine, at the discretion, will adjust such service fee schedule from time to time without prior notification.
You hereby agree to pay all the applicable fees and charges and any other amounts incurred by you before we proceed our Services. Please check our service fee schedule prior to use any Services.
Your Crescent Shine Account will be terminated by (a) Crescent Shine if (i) you have committed to the violation of any warranty and representation which is determined as a serious violation, (ii) Crescent Shine is requested or directed to do so by any competent court, government authority, public agency, or law enforcement agency, (iii) you, as a legal entity, have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, liquidation, dissolution or similar proceeding, or (b) you at your request. Upon termination of your Crescent Shine Account, your right to use the Services will immediately cease.
Unless your Crescent Shine Account is terminated at your request without resulting from any violation of these Terms, we, at our sole discretion, may prohibit you from registering and creating any new account under your name or in name of any third party even you may be acting on behalf of such third party, or deny your access to the Crescent Shine Platform or use of the Services without giving any prior notice to you.
Notwithstanding from the foregoing, you remain liable for all transactions made while your Crescent Shine Account was open.
Crescent Shine may provide access to the Services from third party websites, applications, networks (“Third-Party Sites”) and describe or refer the products and services of the third party on the Crescent Shine Platform via a hyperlink (“Third-Party Services”). In no event shall Crescent Shine be construed as the service provider of such services or such sites, or have control over them. Therefore, you hereby acknowledge and agree that you will use Third Party Sites and the Third-Party Services at your own risk and we have no responsibility for any risks, loss or damages incurred in connection with your use of such Third-Party Sites, the Third-Party Services, for example, any risks, loss or damages arisen from your permission to such third-party service providers to access or connect to your Crescent Shine Account in term of using their services. For mitigation of any risks, you should review the terms and policies applicable to such Third-Party Sites, the Third-Party Services prior to your use.
We reserve the exclusive right to add, modify, or cancel the availability of any Third-Party Services and Third-Party Sites.
Unless otherwise provided, the Crescent Shine Platform and the Services (including the APIs of the Crescent Shine Platform and the Services) are our proprietary property. All source code, database, functionality, software, designs, audio, video, text, photographs, graphics, trademarks, service marks, logos and any other intellectual properties on the Crescent Shine Platform and the Services (collectively, the “Intellectual Properties") are owned, controlled by us or licensed to us, and are protected by the regulations and laws of intellectual property and various international treaties. Except as expressly provided in these Terms, no part of the Crescent Shine Platform, Services and our Intellectual Properties may be copied, duplicated, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Subject to the provisions of these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Intellectual Properties solely in connection with your permitted use of the Crescent Shine Platform and Services. We reserve all rights not expressly granted to you hereunder.
For our provision of the Services, you hereby allow us and our affiliates, subsidiaries, contractors and any other related entities the right to use, modify, adapt, reproduce, distribute, transmit, display and disclose information, data, text, photo, and other content that you provide us during your use of the Services (“User Content”). We will have no liability for any kind as a result of the deletion of, correction of, destruction of, damage to, loss of, or failure to store or encrypt any User Content. You are solely responsible for all rights granted to us herein.
You understand and agree that Crescent Shine will not have any control over, and duty to take any action regarding failures, disruptions, errors, or delays in processing Digital Assets, cryptocurrencies that you may experience while using the Services; the risk of failure of hardware, software, and Internet connections; the risk of malicious software being introduced or found in provision of the Services; the risk that third parties may obtain unauthorized access to information stored within your Crescent Shine Account; and any other risks may occur unexpectedly during your use of the Crescent Shine Platform or Services. You release us from all liability related to the aforementioned risks.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Crescent Shine, our subsidiaries, affiliates, contractors, officers, directors, representatives, agents, employees, consultants, lawyers, and any related entities from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, lawyer fees, fines or penalties) arising from (a) your use of the Platform and the Services (b) your violation of any provision of these Terms, (c) your violation of any applicable law, rule, or regulation, or the rights of any third party, (d) negligent or wilful misconduct.
You acknowledge and agree that you assume full responsibility for your use of the Crescent Shine Platform and Services. You acknowledge and agree that any information you send or receive during your use of the Crescent Shine Platform and Services may not be secured and may be intercepted or later acquired by unauthorized parties. You acknowledge and agree that your use of the Crescent Shine Platform and Services is at your own risk. Accordingly, you understand and agree that, to the fullest extent permitted by applicable law, neither we, our subsidiaries, affiliates, contractors, officers, directors, representatives, agents, employees, consultants, lawyers, nor any related entities will be liable to you for any direct, indirect, incidental, special, consequential, punitive, compensatory, or consequential damages of any kind including, but not limited to, damages for loss of profits, goodwill, use, data or other tangible or intangible losses or any other damages based on contract, tort, strict liability or any other theory, resulting from the Crescent Shine Platform or Services; the use or the inability to use the Crescent Shine Platform or Services; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Crescent Shine Platform or Services; any actions we take or fail to take as a result of communications you send to us; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software; any injury or damage to computer equipment; inability to fully access the Crescent Shine Platform or Services or any other website; theft, tampering, destruction, or unauthorized access to, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the Crescent Shine Platform or Services.
If Crescent Shine is held liable for any loss and/or damages by competent authorities, you agree and acknowledge that our total aggregate liability to you for any and all claims for loss / damages arising out of or relating to these Terms shall not exceed the amount of ten thousand (10,000) U.S. Dollars or its equivalent in the local currency in the applicable jurisdiction.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
If it is required under the laws of your jurisdiction, you are solely responsible for reporting and paying any taxes arising from your use of the Crescent Shine Platform and Services. We reserve the right to withhold taxes where required.
Any notice provided to you by us under these Terms will be given by posting on the Crescent Shine Platform, or sending to your Crescent Shine Account, email address or through other electronic communication associated with your Crescent Shine Account. Unless otherwise provided, such notices will be effective on the date of posting / sending. It is your responsibility to keep your email address current and check your email / account’s messages regularly and frequently. We will not be liable for any consequence or loss if you fail to do so.
Our failure to exercise or delay in exercising any right or provision hereunder shall not be construed as a waiver of such right or provision
You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
We shall not be held liable for any delays, failure in performance, or interruptions of Services which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, cyber-attacks, other elements of nature, pandemics, blockages, embargoes, riots, acts or orders of government, other catastrophes, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
These Terms shall be governed by and constructed in accordance with the laws of the Singapore.
Any dispute or claim arising out of, or relating to, or in connection with these Terms, including the formation, applicability, breach, termination, invalidity, enforceability, shall be referred to and finally resolved by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force. The place of arbitration will be in Singapore. The language of the arbitration shall be English.
These Terms and any information or notifications that you or we provide shall be in English. Any translated version is provided for your convenience only. In the event of any inconsistency, the English language version shall prevail.