By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, you should not use our Services.
MooNite is always striving to improve the Service. This means we may add new product features or enhancements from time to time as well as remove some features, we may not provide you with notice before taking them. We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You may use the Services only if you are 16 years or older and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled “Purchases” below), you must be 16 years or older and capable of forming a binding contract. We do not knowingly collect or maintain information from children under age 16. If you access or use MooNite by providing false representation on your age, you and your guardians shall undertake the consequential liabilities of doing so as per the applicable laws and regulations; and MooNite shall be discharged of the legal consequences.
If you want to use certain features of the Services you may need to create an account (“Account”). You can do this via the App with certain third-party social networking services such as Facebook (each, an “SNS Account”), or using the account services we provide. If you choose the SNS Account option we'll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
It's important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account. You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
Via the Services, users can select from a variety of options to create customized relaxation and self-improvement sessions. You can also use the paid functionality of the Services to utilize the enhanced functionality of the Services or purchase items thatif they are offered for sale through the Services (the “Products”), as described in further detail under the Section titled “Purchases” below.
You understand and agree that the Services, Products and any other information you learn from MooNite are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Not all activities described on the Services or Products are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.
MooNite offers certain enhanced features of the Services which you can purchase as a monthly, yearly or six(6)-month subscription (“Subscription”). A description of features associated with Subscriptions is available via the Services. MooNite may also offer products and services for purchase("In-App Purchase") through iTunes, Google Play ("Application Store"). If you choose to make a Subscriotion or an In-App Purchase, you will be prompted to confirm your purchase with the applicable payment provider (such as Application Store) and your method of payment (your credit/debit card or a third party account such as iTunes or Google Play Account)("Payment Method") will be charged at the prices displayed to you for the service(s) or product(s) you've selected as well as any taxes (if applicable) that may be imposed on your payments, and you authorize MooNite or the third party account to charge you.Your order is not binding on MooNite until accepted and confirmed by MooNite. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with MooNite.
If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your Application Store account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the MooNite application from your device. Deleting your account on MooNite or deleting the MooNite application from your device does not cancel your subscription. MooNite will retain all funds charged to your Payment Method until you cancel your subscription on the Application Store account. If you cancel your subscription, you may use your subscribed product(s) or service(s) until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
To request a refund:
If you subscribed using your Apple ID, refunds are handled by Apple, not MooNite. To request a refund, go to iTunes, click on your Apple ID, select "Purchase history," find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account, please contact our Customer Support Team with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet).
MooNite reserves the right to change its pricing terms for Subscriptions at any time and MooNite will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you.
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by MooNite regarding future functionality or features.
We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.
MooNite and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Subject to your compliance with these Terms, MooNite grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to view, copy and display the Content solely in connection with your permitted use of the Services.
Subject to your compliance with these Terms, MooNite grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install the App on a mobile device that you own or control and to run the App solely for your own personal non-commercial purposes. MooNitere serves all rights in and to the App not expressly granted to you under these Terms. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.
If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
You agree not to do any of the following:
· Use, display, mirror or frame the Services, or any individual element within the Services, MooNite 's name, any MooNite trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without MooNite's express written consent;
· Access, tamper with, or use non-public areas of the Services, MooNite's computer systems, or the technical delivery systems of MooNite's providers;
· Attempt to probe, scan, or test the vulnerability of any MooNite system or network or breach any security or authentication measures;
· Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by MooNite or any of MooNite's providers or any other third party (including another user) to protect the Services;
· Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by MooNiteor other generally available third party web browsers;
· Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
· Use any meta tags or other hidden text or metadata utilizing a MooNite trademark, logo URL or product name without MooNite's express written consent;
· Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
· Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
· Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
· Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
· Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
· Impersonate or misrepresent your affiliation with any person or entity;
· Violate any applicable law or regulation; or
· Encourage or enable any other individual to do any of the foregoing.
Although we're not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
If we believe that you have violated this Agreement, we may terminate your account at any time without notice. No refund will be given for any purchases if your account is terminated with the above situation. You may cancel your Account at any time by sending an email to us at email@example.com. If you purchase Subscription via an Application Store, you should also cancel your Subscription with the Application Store directly. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.
We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless MooNite and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.
Neither MooNite nor any other party involved in creating, producing, or delivering the Services, Products or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not MooNite has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will MooNite's total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the amounts you have paid to MooNite for use of the Services, Products or Content or fifty united states dollars (US$50), if you have not had any payment obligations to MooNite, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between MooNite and you.
These Terms constitute the entire and exclusive understanding and agreement between MooNite and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MooNite and you regarding the Services, Products and Content. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without MooNite's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MooNite may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by MooNite under these Terms, including those regarding modifications to these Terms, will be given: (i) by MooNite via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
MooNite's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MooNite. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
The captions in this Agreement are intended solely as a matter of convenience and shall be given no effect in the construction or interpretation of this Agreement.
We are committed to complying with copyright and related laws, and we require all users of the Products to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Products in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law.
If you believe that your work has been copied and posted on the Products in a way that constitutes copyright infringement, please provide our designated 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 or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Products;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
(g) Our designated agent for notice of claims of copyright infringement can be reached as follows:
By E-Mail: firstname.lastname@example.org Subject line: DMCA
Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA.
If you have any questions about these Terms or the Services or Products, please contact MooNite at email@example.com.