1. Acceptance of these terms
These Terms of Service (the “Terms”) form a binding agreement between you and Moana (“Moana”, “we”, “us” or “our”) and govern your access to and use of our website, platform and related services (together, the “Services”).
By creating an account, accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.
2. Eligibility and accounts
You must be at least 18 years old and able to form a binding contract to use the Services. You agree to:
- Provide accurate, current and complete information when you register, and keep it up to date.
- Keep your sign-in credentials confidential and notify us promptly of any unauthorized use of your account.
- Accept responsibility for all activity that occurs under your account.
3. Acceptable use
You agree not to, and not to permit anyone else to:
- Use the Services in violation of any applicable law, regulation or third-party right.
- Send unsolicited communications in breach of applicable anti-spam, privacy or telecommunications laws.
- Misrepresent your identity, affiliation or authority to act in any transaction.
- Attempt to gain unauthorized access to, interfere with or disrupt the Services or any related systems.
- Copy, modify, reverse engineer or create derivative works of the Services, except as permitted by law.
- Use the Services to develop a competing product or service.
4. Your content
You retain all rights in the information, documents and other materials you submit to the Services (“Your Content”). You grant Moana a worldwide, non-exclusive, royalty-free license to host, process and display Your Content solely to provide and improve the Services for you.
You represent that you have all rights necessary to submit Your Content and that doing so does not violate any law or agreement.
5. Confidentiality
Each party may receive non-public information from the other in connection with the Services. Each party agrees to protect the other's confidential information with at least reasonable care, to use it only for the purposes of these Terms, and not to disclose it except to those who need to know it and are bound by similar obligations, or as required by law.
6. Intellectual property
The Services, including all software, designs, text, graphics and trademarks, are owned by Moana or its licensors and are protected by intellectual property laws. Except for the limited right to use the Services under these Terms, no rights are granted to you. Any feedback you provide may be used by Moana without obligation to you.
7. Transactions and no advice
The Services help you discover, communicate about and manage opportunities. Any transaction you pursue is solely between you and the relevant counterparties, and is subject to definitive agreements negotiated and executed by those parties.
Moana does not provide legal, tax, accounting or investment advice, and nothing in the Services is an offer to buy or sell any security. You should consult your own qualified advisors before entering into any transaction.
8. Third-party services
The Services may allow you to connect with or use third-party products and services. Your use of them is governed by their own terms, and Moana is not responsible for their availability, content or practices.
9. Suspension and termination
You may stop using the Services at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Services or other users. Sections that by their nature should survive termination will survive, including those on intellectual property, confidentiality, disclaimers, limitation of liability and governing law.
10. Disclaimers
To the fullest extent permitted by law, the Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. Moana does not warrant that the Services will be uninterrupted, error-free or that any opportunity will result in a completed transaction.
11. Limitation of liability
To the fullest extent permitted by law, Moana will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill. Moana's total liability for any claim relating to the Services will not exceed the greater of the amounts you paid to Moana in the twelve months before the claim arose or one hundred US dollars.
12. Indemnification
You agree to defend, indemnify and hold harmless Moana and its affiliates, officers and employees from any claims, damages and expenses arising from Your Content, your use of the Services or your breach of these Terms.
13. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws rules. Any dispute arising from these Terms or the Services will be resolved exclusively in the state or federal courts located in Delaware, and each party consents to the jurisdiction of those courts.
14. Changes to these terms
We may update these Terms from time to time. When we make material changes, we will update the date above and, where appropriate, notify you. Your continued use of the Services after changes take effect means you accept the updated Terms.
15. Contact
Questions about these Terms? Write to us at legal@moana.markets.
See also our Privacy Policy.