MOOD DOCULATORS/MOONRISE TERMS OF USE
1. Acceptance of Terms
Welcome to this Mood Doculators site, operated by Moonrise Group, Inc. on behalf of the band. By clicking the "I ACCEPT" button below, or by purchasing any item on this Moonrise Web site ("Site") you ("you" or "your") agree that you have read, understand and agree to be legally bound by the terms and conditions set forth or referenced below ("Terms of Use"). If you do not agree to these Terms of Use, do not use or access the Site. Moonrise reserves the right to change these Terms of Use from time to time and at its sole discretion. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes your acceptance of such changes. You can review the most current version of these Terms of Use at any time at
http://www.mooddocs.com/Legal/Terms.aspx.
2. Permitted Use
The Site is for your personal and non-commercial use. Unless otherwise agreed to in writing by Moonrise, you agree that you will not use the Site or duplicate, download, publish, modify or otherwise distribute or use any material included in the Site for any purpose, except to review the information included in the Site, and to purchase tickets or other products or services offered by Moonrise for your personal use. Use of the Site or the materials or content contained in the Site for any purpose not set forth in these Terms of Use is prohibited.
3. Registration, Accounts and Passwords
You agree to (1) provide true, accurate, current and complete data about yourself on the Moonrise registration forms ("Registration Data") and (2) promptly update the Registration Data to keep it true, accurate, current and complete. If you fail to do any of these things, Moonrise will have the right to suspend or terminate your use of the Site and/or terminate your account. You will create, or later receive, a password and account when you complete the registration form. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. You agree to (a) immediately notify Moonrise of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account each time you use the Site.
4. Privacy Policy
Your use of the Site is governed by the Moonrise Privacy Policy located at
http://www.mooddocs.com/Legal/Privacy.aspx, which is incorporated by this reference. You agree to Moonrise's collection, use and sharing of your information as set forth in the Moonrise Privacy Policy.
5. Purchases
(a) No Refunds or Exchanges
Moonrise is not required to offer refunds or exchanges of items purchased though the Moonrise service.
(b) Taxes
You will be responsible for paying all applicable taxes in connection with your purchase of any items if you are purchasing out of the State of California.
6. User Conduct
You agree that you will not collect information about third parties via the Site or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation. You agree that you will not engage in the systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory, without Moonrise's prior written consent.
8. Proprietary Rights
Moonrise own all right, title and interest in and to the Site and all materials and content contained in the Site, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials provided as part of the Site is strictly prohibited.
9. DISCLAIMER OF WARRANTIES
MOONRISE PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOONRISE, ITS AFFILIATES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MOONRISE DOES NOT WARRANT THAT THE SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR RISK.
10. EXCLUSION OF DAMAGES
MOONRISE, AND ITS SUBSIDIARIES AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF MOONRISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, MOONRISE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR FAILURE TO COMPLY WITH SECTION 3 (REGISTRATION, ACCOUNTS AND PASSWORDS).
11. LIMITATION ON LIABILITY
IN NO EVENT WILL MOONRISE'S LIABILITY TO YOU IN CONNECTION WITH THE SERVICE OR THESE TERMS OF USE EXCEED THE AMOUNT PAID BY YOU TO MOONRISE.
12. APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, MOONRISE'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH IN SECTION 9 MAY NOT APPLY TO YOU.
13. Indemnification
You will indemnify and hold harmless Moonrise and its representatives, agents, affiliates, directors, officers, employees, managers and shareholders (the "Indemnified Parties"), and at Moonrise's option defend the Indemnified Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action ("Claim") brought against any of the Indemnified Parties arising out of your use of the Site or any alleged breach by you of any provision of these Terms of Use. If you are obligated to indemnify Moonrise, Moonrise may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of Moonrise.
14. Termination
In its sole and absolute discretion, with or without notice to you, Moonrise may (1) suspend or terminate your use of the Site, or (2) terminate your account. You may terminate your account for any reason by emailing Moonrise at
admin@moonrisegroup.com. Moonrise shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Site.
15. General
These Terms of Use and the relationship between you and Moonrise shall be governed by the laws of the United States and the State of California without regard to its conflict of law provisions. Any action or proceeding arising from, relating to or in connection with these Terms of Use will be brought exclusively in the federal or state courts located in San Francisco, California, and you irrevocably consent to the personal jurisdiction of such courts. No failure or delay by Moonrise in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. These terms and conditions are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without Moonrise's prior written consent.
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