The terms below are designed to ensure that everyone has a safe, fun and engaging experience on Moonfrye. If you have any issues, or would like to report a concern, please email firstname.lastname@example.org.
Terms of Service:
The following terms and conditions govern all use of Moonfrye.com and all content, services and products available at or through the website (taken together, the “Website”). The Website is owned and operated by Moonfrye, Inc. (“Moonfrye” or “we”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Moonfrye (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Moonfrye, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old. PLEASE NOTE THAT THIS AGREEMENT IS subject to change by MOONFRYE in its sole discretion at any time, AS SET FORTH IN SECTION 6.
1. Registration. In order to access certain features of the Website, you may be required to become a Registered User. For purposes of this Agreement, a “Registered User” is a user who has registered an account on the Website (“Account”) or has a valid account on the social networking service (“SNS”) through which the user has connected to the Website (each such account, a “Third Party Account”). If you access the Website through an SNS, you may link your Account with Third Party Accounts by allowing Moonfrye to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to grant Moonfrye access to your Third Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Moonfrye to pay any fees or making Moonfrye subject to any usage limitations imposed by such third party service providers. By granting Moonfrye access to any Third Party Accounts, you understand that Moonfrye may access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Website via your Account. Unless otherwise specified in this Agreement, all SNS Content shall be considered to be Your Content (as defined below) for all purposes of this Agreement. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Account on the Website and Website. Please note that if a Third Party Account or associated service becomes unavailable or Moonfrye’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Website. You have the ability to disable the connection between your Account and your Third Party Accounts at any time by accessing the “Settings” section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Moonfrye makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Moonfrye is not responsible for any SNS Content.
In registering for the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) at least thirteen (13) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Website under the laws of the United States, your place of residence or any other applicable jurisdiction. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Moonfrye Materials (defined below) or the Website by minors. If you provide any information that is untrue, inaccurate, not current or incomplete, or Moonfrye has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Moonfrye has the right to suspend or terminate your Account and refuse any and all current or future use of the Moonfrye Materials and/or the Website (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. Moonfrye reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Moonfrye Materials and/or the Website if you have been previously removed by Moonfrye, or if you have been previously banned from the Website.
You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (1) notify Moonfrye immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session.
You must provide all equipment and software necessary to connect to the Moonfrye Materials and the Website, including but not limited to, a mobile device that is suitable to connect with and use the Moonfrye Materials and the Website, in cases where the Website offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Moonfrye Materials and the Website.
2. Responsibility of Contributors. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Website, whether publicly posted or privately transmitted, including the Moonfrye Materials (“Content”), are the sole responsibility of the party from whom such Content originated. If you comment on a piece of content, submit material to the Website, post links on the Website, or otherwise upload, email, transmit, post or make (or allow any third party to make) Content available by means of the Website (any such material, “Your Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. Other users of the Website, and not Moonfrye, are similarly responsible for all Content they make available through the Website (“User Content”). That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
* the downloading, copying and use of Your Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available Your Content, including but not limited to any software; or (ii) secured from your employer a waiver as to all rights in or to Your Content;
* you have fully complied with any third-party licenses relating to Your Content, and 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.;
* Your Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
* Your Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
* Your Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
* Your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
* Your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, the Content is not named after a person other than yourself or a company other than your own;
* you have, in the case of Your Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Moonfrye or otherwise; and
* you will not
- Use the Website or Moonfrye Materials or any part thereof for any commercial purpose, including, but not limited to communicating or facilitating any commercial advertisement or solicitation;
- Make available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
- Make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Stalk, harm or otherwise harass any other user of our Website or Moonfrye Materials; or
- Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
Moonfrye does not claim ownership of Your Content. However, by submitting Content to Moonfrye for inclusion on the Website, you grant Moonfrye a fully paid, perpetual, irrevocable, world-wide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) 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. Without limiting any of those representations or warranties, Moonfrye has the right (though not the obligation) to, in Moonfrye’s sole discretion (i) refuse or remove any content that, in Moonfrye’s opinion, violates any Moonfrye policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, at Moonfrye’s sole discretion.
Unless expressly agreed to by Moonfrye in writing elsewhere, Moonfrye has no obligation to store any of Your Content that you make available via the Website. Moonfrye has no responsibility or liability for the deletion or accuracy of any Content, including Your Content.
Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on the Website, you hereby expressly permit Moonfrye to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
3. Responsibility of Website Visitors. You acknowledge that Moonfrye has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Moonfrye reserves the right in its sole discretion to pre-screen, refuse or remove any Content. In the event that Moonfrye pre-screens, refuses or removes any Content, you acknowledge that Moonfrye will do so for Moonfrye’s benefit, not yours. By operating the Website, Moonfrye does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Moonfrye disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted. Moonfrye 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. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that Moonfrye will not be responsible for any liability incurred as the result of such interactions.
4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Moonfrye links, and that link to Moonfrye. Moonfrye does not have any control over those non-Moonfrye websites and webpages, and is not responsible for their contents or their use. By linking to a non-Moonfrye website or webpage, Moonfrye does not represent or imply that it endorses such website or webpage. When you click on a link to a third party website or ad, we will not warn you that you have left our Website and are subject to the terms and conditions (including privacy policies) of another website or destination. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Moonfrye disclaims any responsibility for any harm resulting from your use of non-Moonfrye websites and webpages.
5. Intellectual Property. This Agreement does not transfer from Moonfrye to you any Moonfrye or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Moonfrye. Moonfrye, Moonfrye.com, the Moonfrye logo, and all other trademarks, service marks, graphics and logos used in connection with Moonfrye, or the Website are trademarks or registered trademarks of Moonfrye or Moonfrye’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Moonfrye or third-party trademarks. The information and content available on the Website (as these terms are defined below) (collectively, the “Moonfrye Materials”) are protected by copyright laws throughout the world. Subject to this Agreement, Moonfrye grants you a limited license to reproduce portions of the Moonfrye Materials for the sole purpose of using the Website for your personal or non-commercial purposes. Unless otherwise specified by Moonfrye in a separate license, your right to use any Moonfrye Materials that you access or download through the Website is subject to this Agreement. The rights granted to you are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any portion of the Website, including any Moonfrye Materials; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Moonfrye Materials (including images, text, page layout or form) of Moonfrye; (c) you shall not use any metatags or other “hidden text” using Moonfrye’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 the Moonfrye Materials 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; (f) access the Moonfrye Materials in order to build a similar or competitive website or service; (g) except as expressly stated herein, no part of the Moonfrye Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Moonfrye Materials. Any future release, update or other addition to the Moonfrye Materials shall be subject to this Agreement. Moonfrye, its suppliers and service providers reserve all rights not granted in this Agreement. Any unauthorized use of the Website terminates the licenses granted by Moonfrye pursuant to this Agreement. You agree that submission of any ideas, suggestions, documents, and/or proposals to Moonfrye through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Moonfrye 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 Moonfrye 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 the Website.
6. Changes. Moonfrye reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Moonfrye may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
7. Termination. This 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 the Website, unless terminated earlier in accordance with this Agreement. Notwithstanding the foregoing, if you used the Website prior to the date you accepted this Agreement, you hereby acknowledge and agree that this Agreement commenced on the date you first used the Website and will remain in full force and effect while you use the Website, unless earlier terminated in accordance with these terms. Moonfrye may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties. THE WEBSITE IS PROVIDED “AS IS”. MOONFRYE AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER MOONFRYE NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK. ANY CONTENT OR MATERIALS DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE WEBSITE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE WEBSITE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
9. Limitation of Liability. IN NO EVENT WILL MOONFRYE, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (i) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (ii) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (iii) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA. MOONFRYE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES WILL MOONFRYE BE LIABLE TO YOU FOR MORE THAN TEN DOLLARS ($10.00) THE COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. 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. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE WEBSITE OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
10. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside); and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
11. Indemnification. You agree to indemnify and hold harmless Moonfrye, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement, Your Content, or your violation of any applicable laws, rules or regulation. Moonfrye 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 Moonfrye in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account or the Website.
12. Copyright Infringement and DMCA Policy. As Moonfrye asks others to respect its intellectual property rights, it respects the intellectual property rights of others. It is Moonfrye’s policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to Moonfrye 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 the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Website or Website of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) 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 (6) 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. Contact information for Moonfrye’s Copyright Agent for notice of claims of copyright infringement is as follows: Altman, Greenfield & Selvaggi | 10960 Wilshire Boulevard, Suite 1900 | Los Angeles, CA 90024.
13. Miscellaneous. This Agreement constitutes the entire agreement between Moonfrye and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Moonfrye, or by the posting by Moonfrye of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and you consent to the state and federal courts located in Los Angeles County, California for any lawsuit filed against you by Moonfrye arising from or related to this Agreement. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
14. Electronic Communications. The communications between you and Moonfrye use electronic means, whether you visit the Website or send Moonfrye e-mails, or whether Moonfrye posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Moonfrye in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Moonfrye 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.
15. Release. You hereby release Moonfrye and its officers, directors, agents and employees 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 any interactions with or conduct of other Website users or third party websites of any kind arising in connection with or as a result of this Agreement or your use of the Website. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
16. Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Moonfrye’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
17. Force Majeure. Moonfrye shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
18. International Use. This Website can be accessed from countries around the world and may contain references to services and Content that is not available in your country. These references do not imply that Moonfrye intends to announce such services or Content in your country. The Website is controlled and offered by Moonfrye from its facilities in the United States of America. Moonfrye makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
19. Arbitration. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than Five Thousand U.S. Dollars (US $5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) all arbitration proceedings shall be held in English; (3) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (4) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Moonfrye may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from California law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that re applicable to your use of the Website. Any other Dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by arbitration in accordance with the JAMS Commercial Arbitration Rules (the “Rules”) and shall be administered by the Los Angeles, California office of JAMS (the “Administrator”). To the extent there is any conflict between the provisions set forth in this section and any procedural or other rules issued by the Administrator, this section will control. The location of the arbitration will be Los Angeles, California USA. The Dispute(s) shall be submitted to a single arbitrator (“Arbitrator”) chosen by the parties or selected by the parties from a list of potential arbitrators provided by the Administrator. The Administrator shall provide such list to the parties 10 days after request by either party. Should the parties be unable to agree on a choice of arbitrator within 10 days after receipt of the list from the Administrator, then the Administrator will select the Arbitrator. The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. Each party shall bear its own attorney’s fees, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Administrator and the Arbitrator; provided, however, the Arbitrator shall be authorized to determine whether a party is the prevailing party, and if so, to award to that prevailing party reimbursement for its reasonable attorneys’ fees, costs and disbursements (including, for example, expert witness fees and expenses, photocopy charges, travel expenses, etc.), and/or the fees and costs of the Administrator and the Arbitrator. The Arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The Arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by Section 8 of this Agreement. Judgment on the award of the Arbitrators may be entered by any court of competent jurisdiction. The Arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of this Agreement, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States Federal law. By using the Website in any manner, you agree to the above arbitration provision. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Moonfrye (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
20. Choice of Language. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English. C’est law volone expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.
21. Notice. Where Moonfrye requires that you provide an e-mail address, you are responsible for providing Moonfrye with your most current e-mail address. In the event that the last e-mail address you provided to Moonfrye is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Moonfrye’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Moonfrye at the following address: Altman, Greenfield & Selvaggi | 10960 Wilshire Boulevard, Suite 1900 | Los Angeles, CA 90024. Such notice shall be deemed given when received by Moonfrye by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
22. Export Control. You may not use, export, import, or transfer the Moonfrye Materials except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Moonfrye Materials, and any other applicable laws. In particular, but without limitation, the Moonfrye Materials may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Moonfrye Materials, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Moonfrye Materials for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Moonfrye are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Moonfrye products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
NOTE: Special thanks to Automattic for their Terms of Service template.