Moonrise Terms & Conditions Agreement - United States
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. THIS APPLICATION, WEBSITE AND ANY OTHER WEBSITES OF MOONRISE, INC., (“MOONRISE”), ITS AFFILIATES OR AGENTS (COLLECTIVELY, THE “WEBSITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY MOONRISE. THESE TERMS OF USE GOVERN THE USE OF THE APPLICATION AND WEBSITE AND APPLY TO ALL INTERNET USERS VISITING THE APPLICATION OR WEBSITE. BY ACCESSING OR USING THE WEBSITE IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE APPLICATION OR WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH MOONRISE OR, IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH MOONRISE, YOU MUST REVIEW THESE TERMS OF USE WITH A PARENT OR LEGAL GUARDIAN TO ENSURE THE PARENT OR LEGAL GUARDIAN ACKNOWLEDGES AND AGREES TO THESE TERMS OF USE, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE INDIVIDUAL YOU HAVE NAMED AS THE USER. THE TERM “YOU” REFERS TO THE INDIVIDUAL IDENTIFIED AS THE USER BROWSING THE WEBSITE, USING THE APPLICATION, AND/OR THE PARENT OR GUARDIAN OF SUCH USER. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE, APPLICATION, OR THE SERVICES.PLEASE BE AWARE THAT SECTION 1.3 (MOONRISE COMMUNICATIONS) OF THIS AGREEMENT, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, TEXT MESSAGE, CALLS AND PUSH NOTIFICATION.Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement.”PLEASE NOTE THAT THESE TERMS OF USE ARE SUBJECT TO CHANGE BY MOONRISE IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Moonrise will make a new copy of the Terms of Use available at the Website or Application. We will also update the “Last Updated” date at the top of these Terms of Use. Any changes to these Terms of Use will be effective immediately for new users of the Website, Application, and/or Services and will be effective thirty (30) days after posting notice of such changes on the Website or Application. If you do not agree to any change(s), you shall stop using the Website, Application, and/or the Services. Otherwise, your continued use of the Website, Application, and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE OR APPLICATION TO VIEW THE THEN-CURRENT TERMS.
1. Use of the Services and Moonrise Properties
The Website, the Application, the Services, and the information and content available on the Website the Application, and in the Services (as these terms are defined herein) (each, a “Moonrise Property” and collectively, the “Moonrise Properties”) are protected by copyright laws throughout the world. Unless otherwise specified by Moonrise in a separate license, your right to use any and all Moonrise Properties is subject to the Agreement
1.1 Updates
You acknowledge and agree that Moonrise may update Moonrise Properties with or without notifying you.
1.2 Certain Restrictions
The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Moonrise Properties or any portion of Moonrise Properties, including the Website and Application; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Moonrise Properties (including images, text, page layout or form) of Moonrise; (c) you shall not use any metatags or other “hidden text” using Moonrise’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Moonrise Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website or Application (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of Moonrise Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Moonrise Properties. Any future release, update or other addition to Moonrise Properties shall be subject to the Agreement. Moonrise, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Moonrise Property terminates the licenses granted by Moonrise pursuant to the Agreement.
1.3 Moonrise Communications
By entering into this Agreement or using the Moonrise Properties, you agree to receive communications from us, including via e-mail and calls. You agree that calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your use of the Moonrise Properties, updates concerning new and existing features to the Moonrise Properties, communications concerning promotions run by us or our third-party partners, and news concerning the Moonrise and industry developments. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
2. Responsibility for Content
2.1 Types Of Content
You acknowledge that all any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Moonrise Properties (collectively, “Content”), including Moonrise Properties, is the sole responsibility of the party from which such Content originated. This means that you, and not Moonrise, are entirely responsible for all Content that you e-mail, transmit or otherwise make available (“Make Available”) through Moonrise Properties (“Your Content”), and that you and other users of Moonrise Properties (“Users”), and not Moonrise, are similarly responsible for all Content that you and they Make Available through Moonrise Properties (“User Content”).
2.2 No Obligation To Pre-Screen Content
You acknowledge that Moonrise has no obligation to pre-screen Content (including, but not limited to, User Content), although Moonrise reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Moonrise pre-screens, refuses or removes any Content, you acknowledge that Moonrise will do so for Moonrise’s benefit, not yours. Without limiting the foregoing, Moonrise shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.
2.3 Storage
Unless expressly agreed to by Moonrise in writing elsewhere, Moonrise has no obligation to store any of Your Content that you Make Available on Moonrise Properties. Moonrise has no responsibility or liability for: (i) the deletion or accuracy of any Content, including Your Content; and/or (ii) the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Moonrise Properties. You agree that Moonrise retains the right to create reasonable limits on Moonrise’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and Application and as otherwise determined by Moonrise in its sole discretion.
3. Ownership
3.1 Moonrise Properties
Except with respect to Your Content and User Content, you agree that Moonrise and its suppliers own all rights, title and interest in Moonrise Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Moonrise Properties.
3.2 Trademarks
Moonrise’s stylized name and all related graphics, logos, service marks and trade names used on or in connection with any Moonrise Properties or in connection with the Services are the trademarks of Moonrise and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in Moonrise Properties are the property of their respective owners.
3.3 Your Content
Moonrise does not claim ownership of Your Content. However, when you Make Available Your Content to Moonrise, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
3.4 License To Your Content
You grant Moonrise a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing Moonrise Properties to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you Make Available to Moonrise and that Moonrise subsequently posts to any “public” area of Moonrise Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Moonrise, are responsible for all of Your Content that you Make Available to Moonrise.
3.5 Feedback
You agree that submission of any ideas, suggestions, documents, and/or proposals you submit to Moonrise (“Feedback”) is at your own risk and that Moonrise has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Moonrise a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Moonrise Properties and/or Moonrise’s business.
4. User Conduct
As a condition of use, you agree not to use Moonrise Properties for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party to) either (a) take any action or (b) Make Available any Content on or through Moonrise Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Moonrise’s prior written consent; (v) impersonates any person or entity, including any employee or representative of Moonrise; (vi) interferes with or attempts to interfere with the proper functioning of Moonrise Properties or uses Moonrise Properties in any way not expressly permitted by this Agreement; or (vii) attempts to engage in or engages in any potentially harmful acts that are directed against Moonrise Properties, including but not limited to violating or attempting to violate any security features of Moonrise Properties using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Moonrise Properties, introducing viruses, worms, or similar harmful code into Moonrise Properties, or interfering or attempting to interfere with the use of Moonrise Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Moonrise Properties.
5. Investigations
Moonrise may, but is not obligated to, monitor or review Moonrise Properties and Content at any time. Without limiting the foregoing, Moonrise shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although Moonrise does not generally monitor user activity occurring in connection with Moonrise Properties or Content, if Moonrise becomes aware of any possible violations by you of any provision of the Agreement, Moonrise reserves the right to investigate such violations, and Moonrise may, at its sole discretion, immediately terminate your license to use Moonrise Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
6. Interactions With Other Users
6.1 User Responsibility
You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that Moonrise reserves the right, but has no obligation, to intercede in such disputes. You agree that Moonrise will not be responsible for any liability incurred as the result of such interactions.
6.2 Content Provided By Other Users
Moonrise Properties may contain User Content provided by other Users. Moonrise is not responsible for and does not control User Content. Moonrise has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content. You use all User Content and interact with other Users at your own risk.
7. Indemnification
You agree to indemnify and hold harmless Moonrise, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Moonrise Party” and collectively, the “Moonrise Parties”) from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Moonrise Property; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Moonrise reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Moonrise in asserting any available defenses. This provision does not require you to indemnify any of the Moonrise Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Website, Application, or any Services provided hereunder. You agree that the provisions in this section will survive any termination of the Services, the Agreement and/or your access to Moonrise Properties.
8. Disclaimer of Warranties and Conditions
8.1 As Is
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF MOONRISE PROPERTIES IS AT YOUR SOLE RISK, AND MOONRISE PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. MOONRISE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE AND APPLICATION.MOONRISE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) MOONRISE PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF MOONRISE PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF MOONRISE PROPERTIES WILL BE ACCURATE OR RELIABLE.ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH MOONRISE PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS MOONRISE PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. MOONRISE MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOONRISE OR THROUGH MOONRISE PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.FROM TIME TO TIME, MOONRISE MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT MOONRISE’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
8.2 No Liability For Conduct Of Third Parties
YOU ACKNOWLEDGE AND AGREE THAT MOONRISE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD MOONRISE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
8.3 No Liability For Conduct Of Other Users
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF MOONRISE PROPERTIES. YOU UNDERSTAND THAT MOONRISE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF MOONRISE PROPERTIES. MOONRISE MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MOONRISE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH MOONRISE PROPERTIES.
8.4 Third Party Materials
As a part of Moonrise Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Moonrise to monitor such materials and that you access these materials at your own risk.
9. Limitation of Liability
9.1 Disclaimer Of Certain Damages
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL MOONRISE PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT MOONRISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF MOONRISE PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE MOONRISE PROPERTIES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH MOONRISE PROPERTIES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MOONRISE PROPERTIES; OR (e) ANY OTHER MATTER RELATED TO MOONRISE PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A MOONRISE PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A MOONRISE PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A MOONRISE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
9.2 Cap On Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, MOONRISE PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO MOONRISE BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (b) $100; OR (c) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A MOONRISE PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A MOONRISE PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A MOONRISE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
9.3 User Content
EXCEPT FOR MOONRISE’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE MOONRISE’S PRIVACY POLICY, MOONRISE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT) OR USER COMMUNICATIONS.
9.4 Exclusion Of Damages
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
9.3 Basis Of The Bargain
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOONRISE AND YOU.
10. Procedure for Making Claims of Copyright Infringement
It is Moonrise’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Moonrise by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Moonrise Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on Moonrise Properties of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
11. Monitoring and Enforcement
Moonrise reserves the right to: (a) remove or refuse to post any of your Content for any or no reason in our sole discretion; (b) take any action with respect to any of your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Moonrise Properties or the public, or could create liability for the Moonrise; (c) disclose your identity or other information about you to any third party who claims that Your Content violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Moonrise Properties; and/or (e) terminate or suspend your access to all or part of the Moonrise Properties for any or no reason, including without limitation, any violation of this Agreement.If Moonrise becomes aware of any possible violations by you of the Agreement, Moonrise reserves the right to investigate such violations. If, as a result of the investigation, Moonrise believes that criminal activity has occurred, Moonrise reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Moonrise is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Moonrise Properties, including Your Content, in Moonrise’s possession in connection with your use of Moonrise Properties, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Moonrise, its Users or the public, and all enforcement or other government officials, as Moonrise in its sole discretion believes to be necessary or appropriate.
12. Term and Termination
12.1 Term
The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Moonrise Properties.
12.2 Prior Use
Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used Moonrise Properties or (b) the date you accepted the Agreement, and will remain in full force and effect while you use any Moonrise Properties, unless earlier terminated in accordance with the Agreement.
12.3 Effect Of Termination
Termination of any Service includes removal of access to such Service and barring of further use of the Service. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Moonrise will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
13. International Users
Moonrise Properties may be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Moonrise intends to announce such Services or Content in your country. Moonrise Properties are controlled and offered by Moonrise from its facilities in the United States of America. Moonrise makes no representations that Moonrise Properties are appropriate or available for use in other locations. Those who access or use Moonrise Properties from other countries do so at their own volition and are responsible for compliance with local law.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the internal laws of the State of Delaware, United States of America. Any disputes, actions, claims, or causes of action arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts for the county in which Moonrise’s principal place of business is located, and each party agrees to submit to the jurisdiction of such courts.
15. Third-Party Services15.1 Third-Party Websites
Moonrise Properties may contain links to third-party websites (“Third-Party Websites”). When you click on a link to a Third-Party Website we will not warn you that you have left Moonrise Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of Moonrise. Moonrise is not responsible for any Third-Party Websites. Moonrise provides links to these Third-Party Websites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or any product or service provided in connection therewith. You use all links in Third-Party Websites at your own risk. When you leave our Website, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
16. General Provisions
16.1 Electronic Communications
The communications between you and Moonrise may take place via electronic means, whether you visit Moonrise Properties or send Moonrise e-mails, or whether Moonrise posts notices on Moonrise Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Moonrise in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Moonrise provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.
16.2 Release
You hereby release Moonrise Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Moonrise Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of Moonrise Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Moonrise Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website, Application, or any Services provided hereunder.
16.3 Assignment
The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Moonrise’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
16.4 Force Majeure
Moonrise shall not be liable for any delay or failure to perform resulting from causes outside of its reasonable control (regardless of whether any such cause, or the effect(s) thereof, may have been foreseeable or unforeseeable), including, but not limited to, acts of God, epidemics, pandemics (including Covid-19), war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
16.5 Questions, Complaints, Claims
If you have any questions, complaints or claims with respect to Moonrise Properties, please contact us at: team@moonrise.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
16.6 Governing Law; Exclusive Venue
This Agreement shall be governed by and construed in accordance with the internal laws of the State of Delaware, United States of America. Any disputes, actions, claims, or causes of action arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts for the county in which Moonrise’s principal place of business is located, and each party agrees to submit to the jurisdiction of such courts.
16.7 Notice
Where Moonrise requires that you provide an e-mail address, you are responsible for providing Moonrise with your most current e-mail address. In the event that the last e-mail address you provided to Moonrise is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Moonrise’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Moonrise at the following address: 116 E. Trinity Place, Decatur, GA 30030. Such notice shall be deemed given when received by Moonrise by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
16.8 Waiver
Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
16.9 Severability
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
16.10 Export Control
Each party agrees to comply with all export laws and regulations of the United States and any other applicable jurisdiction.
16.11 Consumer Complaints
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
16.12 Entire Agreement
The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.