Terms And Conditions

Back on Earth, we at Mind Candy would like to thank you in advance for your interest in adopting a Moshi Monster. We want to make sure that they are looked after as well as possible, and are treated in accordance with the rules for monster care. In order to qualify for monster adoption, you must accept the following terms and conditions. If you don't understand these terms, you should review them with your parents. Parents who grant permission for their kids to adopt a Moshi Monster, you also need to adhere to these terms, and make sure that your kids do as well

About moshimonsters.com

Moshimonsters.com, this web site, related Moshi Monsters merchandise and all associated activities (we call all that "moshimonsters.com") is an online service operated by Mind Candy Limited and Big Bad Bill Inc (we usually call ourselves "Mind Candy")

Follow the Rules, Monster Owners!

These terms and conditions (let's call them "Terms" for short) apply to all and any use of moshimonsters.com and all and any postings, emails and other communications made to or using it or any services run by Mind Candy ("Submissions"). If you use moshimonsters.com, or let your kids use moshimonsters.com, you agree to be bound by these Terms. Parents, you agree that your kids will follow the Terms too. If you -parents or kids - do not accept these Terms, you should not use moshimonsters.com, and should not make any Submissions. Monster Adoption Rules ("The Rules") are provided before you are able to sign up to adopt a Moshi Monster. You read these Rules, which are the succinct guiding principles of behavior for monster owners. You must also follow these Rules, to help ensure a safe and positive experience for all on moshimonsters.com. The Rules are a part of these Terms, but they are only a part.

Who Owns the Moshi Stuff

Mind Candy owns all materials that appear on this website, including any trademarks, trade names, slogans, logos, designs, graphics, pictures, images, text, content, images or other materials ("Moshi Monsters Stuff"), including all copyright, trademark, patent, moral rights, and other intellectual property rights thereto. All such rights of Mind Candy are hereby asserted and reserved, and you may not make any unauthorized use of the Content, including using Content in a way that is likely to cause confusion among consumers, using Content in a commercial manner, or otherwise infringing on Mind Candy's rights.

Using moshimonsters.com

These terms and conditions (let's call them "Terms" for short) apply to all and any use of moshimonsters.com and all and any postings, emails and other communications made to or using it or any services run by Mind Candy ("Submissions"). If you use moshimonsters.com, or let your kids use moshimonsters.com, you agree to be bound by these Terms. Parents, you agree that your kids will follow the Terms too. If you -parents or kids - do not accept these Terms, you should not use moshimonsters.com, and should not make any Submissions. Monster Adoption Rules ("The Rules") are provided before you are able to sign up to adopt a Moshi Monster. You read these Rules, which are the succinct guiding principles of behavior for monster owners. You must also follow these Rules, to help ensure a safe and positive experience for all on moshimonsters.com. The Rules are a part of these Terms, but they are only a part.

  • Don't Break the Rules! 'Nuff said on this one, monster owners. If we think you have violated the Rules, these Terms, or have otherwise broken the law or behaved inappropriately, we may terminate your account. We reserve the right to monitor any and all Submissions, and reserve the right to remove or to refuse to post any Submission. However, Mind Candy does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site.
  • Be Respectful of Other Monster Owners! Don't bully people, swear, or do anything inappropriate to make people feel uncomfortable. You may be joking, but people can get upset. Plus, the monsters don't like it. They told us. This means that you can't put on the site anything that is mean, illegal, or might hurt someone, (we sometimes call this stuff "unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, or otherwise objectionable or inappropriate"). You also can't include anything that infringes the rights of a third party, including that party's trademark, copyright, patent, trade secret or other intellectual property rights. You can't try to register as your screen name or your monster's name a bad word, your own name, or someone else's name (so please, no "David Beckhams" or "Kelly Clarksons"!). You also can't include in your Submissions viruses, malware or illegal materials. If you break this Rule, we reserve the right to take appropriate action to remove the information from moshimonsters.com and, if necessary, to delete your account. So, please don't give us any reason to go there.
  • Don't Give Out Information About Yourself! Never share your real name on the site, or anyone else's for that matter. When you pick a screen name, pick a made up name. You can't include in your Submissions anything that contains personal information about yourself or another person. When using the site, you also can't make up stuff about yourself. Only give us your real info, and don't pretend to be someone you aren't, whether it is a real person, or a person you made up.
  • No Cheating Allowed! This doesn't just mean follow the Rules and these Terms, but also to be honest and truthful. If we ask you your age, you have to tell us your real age. If we say don't do something, that means, don't! Don't try to get around the security measures that we may have in place on the site. Don't try to interfere with someone else's use of the site, or try to get or use their screen names or passwords. Obviously, if it were allowed, it wouldn't be cheating. Duh!

Going Offsite... be careful out there!

From time to time, we may provide links to third party websites. Those links are provided as a service to our users. We do not sponsor or endorse those third parties, nor do we control their activities. You should review any website terms and conditions, privacy policies, and other disclosures that those sites provide before interacting with those third parties, or providing them with information about yourself.

The Daily Growl

These Terms and Rules also apply to use of the Daily Growl blog website. You are responsible for any content you post onto the Daily Growl, Mind Candy will not be held liable for any offensive or illegal content (as described above). To the extent that we run prize draws on the Daily Growl, inviting you to comment and/or answer questions or puzzles in return for Rox, the following Terms apply: The prize draws are open to anyone. The prize will be as described in the blog post, and is usually Rox (which has no cash value). The prize draws are usually open for 24 hours only (or until the following Monday if posted on a weekend). The winners will be selected at random from all correct answers (or from anyone who merely posts a comment if a question is not asked). Winners will be announced the following day (or the following Monday if posted on a weekend). Only one entry may be submitted per person (duplicates will be ignored).

MEMBERSHIP

We offer a 'membership' option for www.moshimonsters.com, for more information see www.moshimonsters.com/membership. Memberships can be purchased as an online subscription or by purchasing Membership Cards from the Moshi e-store or participating retailers, for full membership terms and conditions, or if you have purchased a Membership Card, see www.moshimonsters.com/membership/terms.

Personal Information

From time to time Mind Candy may ask for or you may choose to submit personal information on moshimonsters.com. Information you submit will be used as described in our Privacy Policy.

Be Careful Folks!

Mind Candy is engaged in the business of providing an entertainment and information service, and as part of its services may be transmitting, storing, retrieving, hosting, formatting, or translating third party communications, including Submissions. The views expressed in any Submission are the views of the individual contributors and not those of Mind Candy unless specified otherwise by Mind Candy. In particular but without limitation to the above Mind Candy are not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in Submissions. Mind Candy give no warranty and make no representation as to the accuracy, currency or validity of the information and material contained within the Submissions or moshimonsters.com and shall not be responsible for any loss or damage caused as a result of any use of such material.

Be Responsible

You agree to indemnify and hold harmless Mind Candy against all liability it may have in respect of and arising out of your use of Mind Candy Services and your Submissions.

Liability

Mind Candy provides and maintains moshimonsters.com for personal entertainment, on an "as is" and "as available" basis. Mind Candy gives no warranty in connection with moshimonsters.com, including that moshimonsters.com will work for a particular purpose. Mind Candy does not promise that the site will always be available, or that it will work perfectly. To the maximum extent permitted by law, Mind Candy exclude liability for any loss or damage of any kind arising out of your use of moshimonsters.com, or any information, materials or other items you obtained from us, including without limitation any direct, indirect, punitive or consequential damages whether or not such arises out of any problem you notify to Mind Candy and Mind Candy shall have no liability to pay any money by way of compensation.

Termination

Mind Candy shall be entitled to terminate this Agreement and immediately remove, cancel or suspend access to and use of moshimonsters.com for any reason, including if you break the Rules or these Terms, if moshimonsters.com is bought by another company, or for any other reason.

Questions?

All questions, comments or enquiries should be directed:

  • by email to: hello@moshimonsters.com; or
  • by post to: Customer Service, Mind Candy Limited, 4th Floor Bonhill Building, 15 Bonhill Street, London EC2A 4DN, UK

Please note, we may monitor, record, store and use any telephone call, email or other communication with you for training purposes and to improve the quality of our customer service.

Unsolicited Information

Please do not send any unsolicited ideas or suggestions relating to products, services, marketing plans, ideas for toys, games or other products, or any other suggestions, notes, ideas, inventions, drawings, designs, models, concepts, techniques or similar material and information. If we want something from you, we'll ask for it. Any such confidential or proprietary submissions that we did not specifically request will be destroyed. Any non-confidential and non-proprietary information which you may send to us will be considered as owned by Mind Candy.

Linking to moshimonsters.com

Anyone linking to moshimonsters.com must not imply or suggest affiliations to Moshi Monsters or Mind Candy that do not exist, and the link may not refer to or portray Moshi Monsters or Mind Candy in a false, misleading, derogatory or otherwise offensive manner.

Notices

No representation or warranty is made as to whether moshimonsters.com complies with the regulatory regime and local laws of any other countries apart from the US and UK. Any legal matters that arise will be subject to the laws and jurisdictions of the courts in the State of Delaware, in the United States of America.

Miscellaneous

Mind Candy act as principal on its own account and not as agent for you or any other person. If Mind Candy do not enforce any provision of this agreement such will not be considered a waiver of any provision or right. In the event that any part of these terms and conditions is held to be unenforceable, such part will at Mind Candy's option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect. Use of moshimonsters.com and these terms are subject to the laws of the United States of America and the State of Delaware, which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use and shall be construed in accordance with the laws of the United States of America and the State of Delaware and the parties submit to the exclusive jurisdiction of the courts of the United States of America and the State of Delaware.

Check Back for Updates

Mind Candy may make alterations to the Rules or these Terms from time to time. These changes shall become effective immediately as soon as they are posted on this site.