Effective as of February 2014
LICENSE GRANT. This TOU provides to you a personal, revocable, limited, non-exclusive, and non-transferable license to use the Site(s) conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Site(s) solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site(s).
USER OBLIGATIONS. By accessing or using the Site(s), you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Site(s), including, without limitation, when you provide information via a Site registration or submission form. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site(s).
PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Site(s). Accordingly, you expressly acknowledge and agree that Full Moon transfers no ownership or intellectual property interest or title in and to the Site(s) to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site(s), unless otherwise indicated, are owned, controlled, and licensed by Full Moon and its successors and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. The Site(s) is Copyright © 2014 Full Moon and/or its licensors. All rights reserved. Full Moon also owns a copyright in the contents of the Site(s) as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site(s). FULL MOON, FULL MOON PET, the Full Moon logo, and all other names, logos, and icons identifying Full Moon and its programs, products, and services are proprietary trademarks of Full Moon, and any use of such marks, including, without limitation, as domain names, without the express written permission of Full Moon is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
POSTINGS. The Site(s) may contain blogs, message areas, and other interactive features, including through social networks, where Users can share and post information or content. To the extent that the Site(s) contains such communication forums (collectively, “Forums”), you agree that by using the Site(s) you will not post or transmit any of the following materials on the Site(s)’s Forums:
- anything that interferes with or disrupts the Site(s) or the operation thereof,
- statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
- unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
- statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
- statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
- statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Full Moon,
- statements or material that misrepresents your affiliation with any entity and/or Full Moon,
- statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials, and
- statements or material that are “off-topic” for a designated Forum.
PERMISSION TO USE POSTINGS. By submitting content or information of any type (a “Posting”) to a Forum or other portion of the Site(s) or by otherwise using the Site(s) to transmit or display a Posting, you automatically grant Full Moon a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that you have all necessary rights to make the Posting available to Full Moon and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that Full Moon has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Site(s), particularly through a Full Moon on-line social media page operated by a third party network provider, Full Moon has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Full Moon assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
LINKS TO OTHER SITES. Full Moon may provide links, in its sole discretion, to other sites or on-line social media pages, including to online retailers, for your convenience in locating or accessing related information or buying Full Moon products. These sites or pages have not necessarily been reviewed by Full Moon and are maintained by third parties over which Full Moon exercises no control. Accordingly, Full Moon expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
DISCLAIMER. THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE SITE(S) ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON THE SITE(S). FULL MOON MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, SUITABILITY, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON THE SITE(S) FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.
LIMITATION OF LIABILITY. You expressly absolve and release Full Moon from any claim of harm resulting from a cause beyond Full Moon’s control. MOREOVER, IN NO EVENT SHALL FULL MOON BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE(S) OR WITH THE DELAY OR INABILITY TO USE THE SITE(S), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF FULL MOON FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE(S) SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO FULL MOON IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
ENFORCEMENT. You acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to Full Moon, such injury would not be quantifiable in monetary damages, and Full Moon would not have an adequate remedy at law. You therefore agree that Full Moon shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU.
TERM AND TERMINATION. This TOU will take effect (and may re-apply) at the time you click “I ACCEPT”, register, respond to a request for information or materials, and/or begin accessing or using the Site(s), whichever is earliest. Full Moon reserves the right at any time, which shall include, without limitation, on any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of this Agreement, to deny you access to the Site(s) or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users. This TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOU at any time by ceasing to use the Site(s), but all applicable provisions of this TOU will survive termination, as identified below. The provisions concerning Full Moon’s proprietary rights, feedback, indemnity, disclaimers of warranty and liability, admissibility of this TOU, integration, waiver and severability, and governing law will survive the termination of this TOU for any reason.
WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Full Moon of any right under this TOU will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.