Terms of Use
Last updated effective January 5, 2025
Introduction
MoonCow LTD , a [State] limited liability company, (together with any affiliates, the "Company") owns and operates a mobile application under the brand name Cashcow that provides rewards for mobile gaming activities (the "Cashcow App"). If you reside outside the United States, these Terms of Use ("Terms") apply to the Cashcow App and to all of the features, mobile services, and other functionalities (collectively, the "Features") available via the app (collectively, the "Cashcow App and Features"), and all services available through the Cashcow App and Features ("our Services").
These Terms are a legal agreement between you and the Company. By using the Cashcow App and Features or our Services, or clicking to "Accept" or otherwise agreeing to these Terms, you agree to be bound by these Terms. If you do not agree to these Terms, please do not register with or use the Cashcow App and Features or our Services. You also acknowledge that you have had the opportunity to review our International Privacy Policy and Cookie Notice, and you consent to our collection, use and disclosure of your personally identifiable information in accordance with the International Privacy Policy and Cookie Notice. We may post additional terms or guidelines that apply to certain Features or our Services ("Additional Terms"), and you may be subject to such Additional Terms when you access those Features or Services.
1. Use of Cashcow App and Features and our Services
You agree to use the Cashcow App and Features and our Services only for purposes that are permitted by these Terms and any applicable law, regulation, or generally accepted practices in the relevant jurisdictions. Subject to all the provisions of these Terms, the Company hereby grants you a limited, terminable, non-transferable, personal, non-exclusive license to access and use the Cashcow App and Features and our Services solely as provided herein. You may download material displayed on the Cashcow App and Features for non-commercial, personal use only, provided you do not remove any copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, broadcast, publicly perform, transmit, reuse, re-post, or use the content of the Cashcow App and Features for public or commercial purposes without the Company's prior written permission.
If you are accessing the Cashcow App via any of our applications available via third parties including, without limitation, Apple, Inc.'s "App Store" or Google, Inc.'s "Google Play" store, you acknowledge and agree that these Terms are entered into by and between you and the Company only, and that none of the foregoing third parties are party to these Terms, and they are not sponsors of, nor in any way affiliated with, the Cashcow App and Features or any of our Services.
2. Permitted Users
We strictly prohibit anyone under eighteen (18) years of age from using the Cashcow App and Features or Services. By using the Cashcow App and Features or Services, you confirm, represent, and warrant that:
you are at least 18 years of age;
you are able to form a binding contract with the Company;
you are not subject to the prohibitions described in Excluded Users and Territories (Section 13) of these Terms;
you will comply with these Terms and all relevant local, state, national, and international laws, rules, and regulations.
If we receive actual notice that you are under the age of 18, we will terminate your access to the Cashcow App and Features and Services, deactivate your account, and delete your data.
3. Rewards Program
A. Overview. The Company offers a rewards program ("Rewards Program") under which you may have the opportunity to receive points or other credits (collectively, "Rewards") related to your participation in or interaction with various mobile gaming offers ("Offers"). Regardless of whether they are expressed as points or dollar amounts, Rewards have no cash, monetary, or other value and are only redeemable for gift cards or other prizes or redemption methods as may be offered by the Rewards Program from time to time (collectively, "Redemption Prizes"), subject to these Terms and the Rewards Program redemption requirements at the time of redemption.
B. Suspension or Termination of your Participation. The Company may limit, suspend, or terminate your ability to participate in a Rewards Program, and may suspend or void any Rewards or potential Rewards you may have received or accumulated in a Rewards Program but not yet successfully redeemed, if we determine in our sole and absolute discretion that you have not complied with these Terms, require an uncommon or excessive level of customer support, or otherwise are not using and receiving the Rewards Program benefits in a mutually satisfactory way consistent with the typical member. You agree to abide by the final and binding decisions of the Company regarding any Rewards Program and your participation in it. We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program, including any unredeemed Rewards, at any time, without prior notice or compensation to you.
C. Receiving Rewards. You may receive Rewards by participating in mobile gaming Offers, as described in the Rewards Program. Subject to the other provisions of these Terms, the Company will deposit any Rewards for Offers that you choose to participate in and successfully complete into the account that you established when you joined the Rewards Program (the "Account"). Rewards are deemed successfully completed once you have fully and properly satisfied all of the requirements of the Offer in the manner specified in the Offer and in compliance with these Terms, and the Company and/or our third-party mobile gaming partners are able to properly validate, track and record that you have done so.
D. Redeeming Rewards. Subject to the other provisions of these Terms, you may redeem accumulated Rewards in your Account for Redemption Prizes pursuant to the applicable Rewards Program redemption requirements at the time of redemption. Supplies of Redemption Prizes may be limited. Redemption Prizes may be awarded or redeemed on a first-come, first-served, and while-supplies-last basis. No re-crediting, reversal, or refund of Rewards will be issued for any reason after Rewards have been successfully redeemed.
E. Verifying Identity and Eligibility. The Company reserves the right to verify your identity and age to our complete satisfaction prior to crediting or allowing redemption of any Rewards, issuing or delivering any Redemption Prizes, or otherwise providing you with access to or any benefit associated with the Cashcow App and Features, our Services, or your Account. The Company implements such verification requirements to confirm, preserve and protect the security of the Cashcow App and Features, our Services, and your Account from unauthorized access and security threats.
F. Delivery of Redemption Prizes. Redemption Prizes are generally digital and delivered electronically to the email address then associated with your Account. Processing times may vary.
G. Rewards Have No Monetary Value and Are Nontransferable. You agree and acknowledge that unredeemed Rewards in your Account have no cash, monetary, or other value, remain the sole property of the Company, and are only redeemable for such Redemption Prizes as the Company may elect to offer in the Rewards Program from time to time, subject to these Terms and the Rewards Program redemption requirements at the time of redemption.
H. Inactive Accounts. Any Account that has not met our minimum activity standards for twelve (12) consecutive months or more may be deemed inactive and the Account closed. Our minimum activity standards require the Account holder to do at least one of the following every 12 months:
Login to the Account
Redeem rewards held in the Account
Post at least one (1) unit of reward earnings from new activity
I. Rewards Expiration. We may adopt or modify our Rewards expiration rules and policies for any past, present, or future Rewards from time to time, and if your Rewards expire pursuant to such then-current rules or policies, we may remove such Rewards from your Account, without any compensation or further obligation to you regarding the expired Rewards.
4. User Conduct
You agree that you will not engage in any activity or conduct that interferes with or disrupts the Cashcow App and Features or our Services or use any service to manipulate your Device to gain any advantage on our Rewards Program. Unless you have been specifically permitted to do so in a separate written agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell our Services for any purpose. You further agree that your use of the Cashcow App and Features and our Services shall not be fraudulent, deceptive, or unlawful, as determined in our sole and absolute discretion.
Without limiting the generality of the foregoing, you agree not to:
Share a single Account with anyone else
Create or use multiple Accounts
Maintain or use any false identity or multiple identities
Submit any false or invalid information
Use VPNs, proxies, or other technologies to circumvent controls
Perform Offers in an artificial or unauthorized way
Develop, distribute, or use any "auto" software programs, bots, or other automated systems
Exploit any bugs or errors in the system
Engage in any form of fraudulent or deceptive behavior
5. Intellectual Property
You acknowledge that the Cashcow App and Features have been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the expenditure of substantial time, effort and money and constitute valuable intellectual property and trade secrets of the Company and others. It is our policy to enforce these intellectual property rights to the fullest extent permitted under law.
The trademarks, logos, and service marks ("Marks") displayed on the Cashcow App and Features are the property of the Company or third parties and cannot be used without the written permission of the Company or the third party that owns the Marks. The Cashcow App and Features are also protected as a collective work or compilation under applicable copyright and other foreign and domestic laws and treaties.
The Company exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, "look and feel," compilations, translations, digital conversions, and other materials included within the Cashcow App and Features and related to our Services, and all modifications and derivative works thereof, and all intellectual property rights related thereto.
6. Reporting Copyright Infringement
If you believe that any content found on or through the Cashcow App and Features, including through a hyperlink, infringes your copyright, you should notify us. We will process each written notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws. We have a policy of terminating and/or blocking repeat infringers in appropriate circumstances, in our sole discretion, subject to reasonable limitations.
7. Communications Channels
The Cashcow App and Features may include communication channels such as forums, communities, comments, or chat areas ("Communication Channels"). The Company has no obligation to monitor these Communication Channels, but we may do so, and we reserve the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, in our sole and absolute discretion.
The Company may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by the Company, and these communications should not be considered reviewed or approved by the Company.
8. Disclaimer of Warranties; Limitation of Liability; and Indemnification
A. General. Nothing in these Terms shall limit or exclude our liability to you for:
Death or personal injury caused by our negligence
Fraudulent misrepresentation
Breach of any rights you may have under applicable consumer law in your jurisdiction, which by law may not be limited or excluded
Any other liability that by law may not be limited or excluded
B. Disclaimer of Warranties. You agree that your use of the Cashcow App and Features and our Services shall be at your own risk. To the maximum extent permitted by applicable law, the Company disclaims any and all guarantees, warranties and representations, express or implied, in connection with the Cashcow App and Features, or our Services, and your use thereof, including implied guarantees or warranties of title, merchantability or acceptable quality, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness.
You acknowledge and agree that Cashcow is not affiliated with nor responsible for any third-party mobile games or services that may be displayed, distributed, or otherwise promoted on the Cashcow App and Features or our Services.
C. Indemnification of the Company. You agree to indemnify and hold the Company, and each of our affiliates, partners, employees, and agents, harmless from and against any claim, cause of action, loss, liability, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with:
Your use of and access to the Cashcow App and Features or our Services in breach of these Terms
Your violation of any provision of these Terms
Your violation of any third party right
Any tax obligations arising from your use of our Services
Any content you post or share on or through our Services
9. Tax Matters
You acknowledge and agree that we do not have the ability, in every instance, to determine whether or not the Rewards you received or redeemed in the Rewards Program are considered reportable income or taxable earnings in your jurisdiction. You are therefore responsible for any and all tax liability arising from or associated with your use of the Cashcow App and Features or our Services, including liability arising from your accrual of Rewards or your redemption of such Rewards. As a condition of your continued use of the Cashcow App and Features and our Services, we reserve the right to require you to provide necessary tax reporting information if our records show that you are or may be required to report the value of your redeemed Rewards to an appropriate tax authority.
10. Notification of Changes
We reserve the right to make changes to these Terms from time to time in our sole and absolute discretion. If we decide to change these Terms, we will provide notice of such changes by sending you an administrative email and/or posting those changes in places on the Cashcow App and Features deemed appropriate by us so our users are always aware of the terms of their use of the Cashcow App and Features and our Services. Your continued use after delivery of the administrative email to you or after the changes are posted constitutes your agreement to the changes.
11. Authorized Jurisdictions
The Cashcow App and Features and our Services are controlled, operated, and administered by the Company from our offices within the United States of America. The Company makes no representation that materials on the Cashcow App and Features or our Services are appropriate or available for use at other locations outside of the United States or other jurisdictions to which we direct our App and Features or our Services ("Authorized Jurisdictions"), and we prohibit access to them from territories where the contents or products available through the Cashcow App and Features or our Services are illegal.
12. Excluded Users and Territories
You are not permitted to download or use the Cashcow App and Features or our Services, including making any purchases or redeeming any Rewards, if you are:
Located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services
Identified as a "Specially Designated National"
Placed on the U.S. Department of Commerce's "Denied Persons List or Entity List" or any other U.S. export control list
If the transaction would otherwise be illegal under any applicable law or regulation
13. Governing Law
If you reside outside the United States, the laws of England govern these Terms, the Cashcow App and Features or our Services, and any claims or disputes arising out of or relating to them (whether in contract, tort, or otherwise). If either you or MoonCow chooses to bring legal proceedings under these Terms, both parties agree to do so exclusively in the courts of England in the United Kingdom, and consent to the exclusive jurisdiction of the English courts.
14. Miscellaneous
The Company's failure to exercise or enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision or the provision shall be deemed severable, and the other provisions of these Terms remain in full force and effect.
These Terms represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in a writing signed by the party to be charged or as otherwise expressly provided herein.
15. Contact Us
If you have any questions or concerns regarding these Terms or your use of the Cashcow App and Features or our Services, please contact us at:
MoonCow LTD Email: support@mooncow.com
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