Terms of Service

MOONDROP ENTERTAINMENT, LLC TERMS AND CONDITIONS

These Terms and Conditions were last updated on: November 16, 2012

This is Moondrop Entertainment, LLC’s Site. In order to use our Site, you must agree to our Terms and Conditions. The Terms and Conditions are important and contain legal disclosures including terms of sale that apply when you buy something through the Site and other terms that specify permissible uses of the Site.

Moondrop Entertainment, LLC’s Terms and Conditions are organized as follows:

  • 1.INTRODUCTION
  • 2.TRADEMARKS
  • 3.COPYRIGHT
  • 4.INTELLECTUAL PROPERTY INFRINGEMENT
  • 5.DCMA PROCEDURE
  • 6.ACCESS TO SITE
  • 7.EXPORT
  • 8.LIMITATION OF LIABILITY
  • 9.INDEMNIFICATION
  • 10.ONLINE CONDUCT
  • 11.PRIVACY
  • 12.REFERRAL PROGRAM
  • 13.TERMINATIO OF USAGE
  • 14. APPLICABLE LAW
  • 15.DISPUTES

1. INTRODUCTION

The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Site or using Moondrop Entertainment, LLC’s mobile applications (the “Services”). The terms “Moondrop Entertainment,” “Moondrop,” “we,” “us,” the “company” and “our” refer to Moondrop Entertainment, LLC together with its affiliates and subsidiaries. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. As such, you should check these Terms and Conditions periodically. If you violate any of the terms of these Terms and Conditions you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site or Services. Your accessing, viewing and/or using the Site and/or Services after we post changes to these Terms and Conditions constitutes your acceptance to those changes. At the bottom of this page, we will notify you of the date these Terms and Conditions were last updated. Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site or use our Services.

2. TRADEMARKS

Moondrop Entertainment, LLC, Moondrop, Drawp, SimpleShare and other marks which may or may not be designated on the Site by a “TM” “®” “SM” or other similar designation, are registered, pending or unregistered trademarks or service marks of the Company, in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of the Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s in any manner that is likely to cause confusion among customers.

3. COPYRIGHT

You agree that the Site and Services contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. Nothing contained on the Site should be construed as granting any license or right to use the Site and/or Services, or any information displayed on the Site and/or Services except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission.

4. INTELLECTUAL PROPERTY INFRINGEMENT

We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, “Associates”) who supply some of the necessary elements to the Site and Services. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights or other intellectual property rights arising out of Content posted on or transmitted through the Site and Services, or items advertised on the Site and/or Services, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site and/or Services, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site and/or Services.

5. DCMA PROCEDURE:

In order for us to investigate your claim of infringement, you must provide us with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you believe has been infringed;
  • A description of where the material that you claim is infringing is located or identified on the Site;
  • Your name, address, telephone number, and e-mail address;
  • 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
  • A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.

The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:

Copyright Agent
Moondrop Entertainment, LLC (305) 213-6298
support@moondropapps.com

6. ACCESS TO SITE

Other than page caching, you may not download or modify the Site and/or Services, or any portion of it without our express, prior written consent. This includes, and is not limited to, any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site and/or Services, or any portion of the Site and/or Services, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.

7. EXPORT

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide U.S. laws and regulations regarding the export and re-export of technology originating in the United States.

8. LIMITATIONS OF LIABILITY

The Site and the Services are provided on an “AS IS” basis. The Company does not warrant that use of the Site and/or Services will be uninterrupted or error-free; or the accuracy, integrity, or completeness of the Content provided on the Site and in the Services. Further, the Company disclaims warranties of any kind, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose or warranties of non-infringement of third party intellectual property rights. You agree that your access or use of the Site and Services is at your sole risk. Under no circumstances shall the Company be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site or Services, including but not limited to reliance by a user on any information obtained at the Site or within the Services, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to the Company’s or its Affiliates records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of the Company has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content available through the Site and Services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

9. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or Services, or any use of the Site or Services in violation of these Terms.

10. ONLINE CONDUCT

We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, the Services, our customers or any rights of the Company or any third party. Notwithstanding the foregoing, the Company cannot ensure prompt removal of questionable Content after online posting. Accordingly, the Company does not assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site or within the Services.

11. PRIVACY

Please review our Privacy Policy, which also governs your visit to the Site and use of the Services.

12. YOUR USER CONTENT POSTED ON THE SITE

For any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “User Content”), sent, transmitted, or uploaded by you on the Site, or within the Services, you agree to grant (i) us and our respective contractors and business partners a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms and Conditions, all users an irrevocable, perpetual, non- exclusive, royalty-free license and right to use such User Content for each user’s personal, non- commercial use. You understand that all your User Content may be visible to, sent to, and viewed by all other users of the Site and/or Services, and you expressly waive any privacy rights you may otherwise have to your User Content. You are solely responsible for your User Content and for the resolution of any disputes that arise between you and any other entity or individual because of your User Content. You agree not to post, upload, or transmit any User Content that violates the intellectual property rights of any third party including: copyright, patent, trademark, trade secret, publicity or privacy rights, or any other proprietary right of any party. You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including but not limited to User Content that, in our sole discretion, (i) violates these Terms and Conditions, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.

13. TERMINATION OF USAGE

We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.

14. APPLICABLE LAW

If you access the Site or Services from anywhere in the United States, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and the Company.

15. DISPUTES

If you access the Site from within the United States, any dispute relating in any way to your visit to the Site or use of the Services, to these Terms and Conditions, to our Privacy Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in San Francisco, CA, USA. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. Those claims that are not deemed not arbitratable under APPLICABLE LAW, shall be brought in the Federal and State courts located in San Francisco County. You agree that the prosecution of claims deemed not arbitratable shall be stayed until complete and final resolution of any arbitration proceeding.