Welcome to the Lunar Client! These Terms governs your access to and use of the Services, as defined herein, and any associated content related updates, upgrades, and features. These Terms are a legally binding agreement between you and Moonsworth, LLC. Read these Terms carefully before using the Services. By accessing the Services, you hereby agree and assent to all terms, conditions, and obligations herein. IF YOU DO NOT AGREE WITH THESE TERMS OR ANY PORTION THEREOF, YOU MAY NOT USE OR OTHERWISE ACCESS THE SERVICES.
We may amend these Terms at any time by posting a revised version on the Website. Each revised version will state its effective date, which will be effective on or after the date in which it is posted or sent. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms.
By using the Services, you confirm that you are above the minimum age and are not barred from using the Services under applicable law.
THE LUNAR CLIENT IS AN INDEPENDENT MINECRAFT MOD. NEITHER THE LUNAR CLIENT NOR MOONSWORTH LLC IS AFFILIATED WITH, ENDORSED BY, OR OTHERWISE CONNECTED TO MOJANG AB OR THE MICROSOFT CORPORATION. THE TERMS “MINECRAFT,” “MOJANG,” MICROSOFT, AND ANY OTHER PRODUCT MARKS, TRADEMARKS, LOGOS, WORD MARKS, OR SERVICE MARKS, ALONG WITH MINECRAFT AND UNDERLYING MATERIALS THEREIN ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. USE OF THE FOREGOING DOES NOT IMPLY ANY AFFILIATION WITH OR ENDORSEMENT MOJANG OR MICROSOFT.
“Account” means, any individual User account that is automatically created when you use the Services and is linked Minecraft account.
“Communication Services” means the chat function and any other related service that Lunar Client Users can use to communicate and interact with one another
“Company” means Moonsworth, LLC. References to “us” “we,” or “our” means Company, including any and all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, oﬃcers, and directors. Company does not include affiliates or third parties (analytics or ad tech companies, or similar organizations).
“Cosmetic Items” means those digital items for use in Minecraft that are produced and offered for sale by the Lunar Client.
“Dispute” means any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and Company, claims that arose before these Terms, and claims that may arise after the termination of these Terms; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
“Intellectual Property Rights” means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
“Lunar Client” a Minecraft mod server that is owned and operated by Company and available via the Website.
“Minecraft” means the computer game known as Minecraft, which is produced and operated by Mojang AB.
“Notice” means a delivered writing by email, courier, or postal delivery to the other party at their respective address and will be eﬀective upon receipt.
“Protected Content” means all content, included as part of the Services and any compilation thereof including, without limitation, Cosmetic Items, the look and feel of the Services, the text, graphics, source code, sound recordings, musical composition, narrative, characters, images, literary works, and any other works of authorship or other materials contained therein, whether or not protectable by copyright, trademark, or other applicable law or legal theory.
“Services” means the Lunar Client and the Website, inclusive of any associated services or materials thereon.
“Terms” means these terms of service and end user license agreement and any terms, conditions, covenants, representations, warranties, obligations, and licenses contained herein.
“User ,” “you” or “your” means any user of the Services, or any or owner, officer, employee, affiliate, or agent of the same that uses the Services or any portion thereof.
“User Generated Content” means any photos, images, likenesses, logos, marks, literary works, sound recordings, musical composition, audiovisual works and programs, modes, animations, names, and any other content or materials posted or otherwise integrated into the Services via the User including, without limitation, user submitted info about parks and outdoor locations.
“Website” means the online website “https://www.lunarclient.com/” including all sub-pages, sub-domains, and associated domains thereof.
The Services are licensed to you for your personal use and entertainment. Company hereby grants you a personal, limited, non-transferable, fully, revocable, and non-exclusive License to use the Services for your non-commercial use, subject to your compliance with these Terms. You may not access, copy, modify or distribute the Services, unless expressly authorized by Company or permitted by applicable law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from the Services, unless expressly authorized by Company or permitted by law. Company or its licensors own and reserve all other rights, including all right, title and interest in the Services and all materials or content therein, and all associated Intellectual Property Rights.
If you purchase any Cosmetic Items, Company hereby grants you a limited, non-exclusive, non-commercial license to use the Cosmetic Item within the Lunar Client. You acknowledge and agree that you may not reproduce, re-distribute, transmit, copy, publish, publicly perform or display, or create derivative works based on the Cosmetic Item or otherwise use or exploit the Cosmetic Item in any manner not authorized by these Terms.
3. License Restrictions and Prohibited Conduct
You may not do any of the following with respect to the Services or any components thereof:
- Use the Services commercially or for a promotional purpose, except as otherwise authorized herein;
- Copy, reproduce, distribute, display, publicly perform, publish, or use the Services or any portion or aspect thereof, in any way that is not expressly authorized in these Terms;
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the applicable law of your country of residence;
- Modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted these Terms or by applicable law notwithstanding this limitation;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services;
- Access the Services or any website, server, software application, or other computer resource owned, used and/or licensed by Company, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Company may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed to Company;
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- Harvest or collect the email addresses or other contact information of other Users;
- Use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
4. Children Under 18
By using the Services, you warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement; or 2) are a minor who has been authorized under the provisions of Section 4(b) below.
If you are the legal guardian of a minor, you can choose to allow use of the Services by that minor instead of yourself subject to the following provisions:
- You acknowledge, and further agree that the aforementioned minor is entering into an agreement with your consent;
- You acknowledge, and further agree you are entirely responsible for all the provisions in these Terms;
- You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
- In consideration of Company allowing access to the Services by a minor, and in addition to the indemnification provisions set forth herein, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless Company with respect thereto.
When use the Services, a unique Lunar Client Account will automatically generate for you that is linked to your personal Minecraft account. All Accounts are subject to these Terms. You are solely responsible for maintaining the confidentiality and security of your Account and password. Such security includes but is not limited to restricting access to your computer, laptop, tablet, or mobile device that you use to access the Services and/or where such password may be stored. You agree that you are solely responsible for all activities and actions that occur under the auspices of your Account. You agree not to assign or otherwise transfer your Account to or share your password with any other person or entity. You acknowledge and agree that Company is not responsible for third-party access to your Account that results from theft or misappropriation of your password or other Account credentials. You hereby acknowledge and agree that any action taken under your Account will be presumed to have been authorized by you.
You further acknowledge and agree that by using Minecraft or setting up a Minecraft account, you may be subject to an agreement(s) with the Microsoft Corporation and/or Mojang AB. For your reference, Mojang’s terms and conditions are available here and the Microsoft services agreement is available here. You acknowledge and agree that Company is not a party to any of the foregoing agreements or any other agreements between you and Microsoft and/or Mojang and compliance with such agreements is not monitored, enforced, or controlled by Company. If Company receives notice that your activity violates any of the foregoing or any similar agreement between you and Microsoft, Mojang, or any other third party, Company may, in our sole discretion take action against your Account to bring you into compliance with such agreements. Such actions may include canceling a transaction and suspending or terminating your Account privileges and/or removing certain payment methods.
You further acknowledge and agree that by signing up for an Account via your existing Minecraft account, you are providing Company with limited access any information including any personal information about you contained within in your Minecraft Account and associated credentials for the purpose of creating and interacting with your Account.
6. Electronic Communication
Each and every time you send an email or other electronic communication to Company, such communication will constitute an electronic communication. By using the Services, you consent to receive electronic communications and you agree that all agreements, Notices, disclosures and other communications that Company provides to you via electronic communication, individually and collectively, satisfy any legal requirement that such communications be in writing.
7. Cosmetic Items
We may make available for purchase certain Cosmetic Items on the Company Website. Any information regarding Cosmetic Items (including pricing) and the availability of any Cosmetic Items (including the validity of any coupon or discount) are subject to change at any time without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Cosmetic Items, Website, or Service. We make reasonable efforts to accurately display the attributes of Cosmetic Items, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
By making a transaction, you represent that the applicable Cosmetic Items will be used only in accordance with these Terms. You agree that you will not resell any Cosmetic Items obtained through a transaction, unless we have provided our express prior written consent for you to do so.
If you wish to purchase a Cosmetic Item, you are required to pay the applicable purchase price. Unless otherwise indicated, all fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency or the equivalent amount of cryptocurrency as excepted by Coinbase Commerce.
Billing and Account Information. We partner with third-party payment processors including PayPal, Coinbase Commerce, and XSolla (each a “Payment Processor”) to facilitate credit card and other payments, in connection with your purchase of the Cosmetic Items. Payment processing time will vary depending on your location. You will receive a receipt from the applicable Payment Processor confirming payment. If your payment is rejected for any reason, including insufficient funds, Company reserves the right to contact you directly to seek payment. By using a Payment Processor, you may be subject to an agreement with such Payment Processor. If Company receives notice that your activity violates any agreement between you and or any other Payment Processor, Company may, in our sole discretion take action against your Account to bring you into compliance with such agreements. Such actions may include canceling a transaction, suspending your Account privileges and/or removing certain payment methods. You agree to provide current, complete, and accurate purchase information for all transactions conducted via Payment Processors.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION AND COMPANY HAS NO CONTROL OVER THE CONDUCT OF OR ANY INFORMATION PROVIDED BY ANY PAYMENT PROCESSOR, INCLUDING ANY TERMS, SERVICES, CONDITIONS, REPRESENTATIONS, COVENANTS, OR WARRANTIES SET FORTH IN ANY AGREEMENT BETWEEN YOU AND SUCH PAYMENT PROCESSOR AND COMPANY HEREBY DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT ANY COSMETIC ITEM SOLD BY COMPANY IS PROVIDED ON AN “AS IS” BASIS AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE COSMETIC ITEM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE.
Refunds. Company may, in its sole discretion, issue refunds to users that purchase defective or otherwise unacceptable Cosmetic Items. To request a refund, please create a support ticket at https://support.lunarclient.com
9. Intellectual Property Ownership
All Protected Content is the property of Company or its third-party suppliers/licensors and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found within the Services. Your use of the Services does not entitle you to make any unauthorized use of any of the Protected Content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any Protected Content. You shall use Protected Content solely for your personal use, as outlined in these Terms, and will make no other use of the Protected Content without the express written permission of Company and/or Protected Content’s third-party owner, if applicable. You acknowledge and agree that you do not acquire any ownership rights in any Protected Content. Except as provided for herein, these Terms do not grant any licenses, express or implied, to the Protected Content or any other intellectual property of Company, our licensors, or any third-party.
10. User Generated Content
By creating any User Generated Content, you hereby grant Company a nonexclusive, perpetual, irrevocable, worldwide, royalty-free, paid-up, fully transferable and sublicensable license to reproduce, modify, host, copy, display, publicly perform, create derivative works of, publicly display, transfer, or otherwise use or exploit such User Generated Content, in whole or in part, including within the Services and for any commercial, promotional, publicity, and marketing purposes.
You hereby represent that any User Generated Content you create is wholly original and you own all right, title, and interest to such User Generated Content or otherwise have the legal right and authority to integrate such User Generated Content into the Services and grant the license to Company as described herein. You further warrant that the authorized use or exploitation of the User Generated Content, will not violate any third-party rights including, without limitation, any copyright, trademarks or other intellectual property rights, privacy rights, or statutory or common law rights of publicity in any jurisdiction.
Company reserves the right to remove any User Generated Content that does not comply with the Agreement. Company may also remove User Generated Content that violates someone else’s rights, including without limitation any trademarks, copyrights, patent rights or similar, as well as statutory and common law rights of publicity. Finally, Company may remove the following:
User Generated Content that harasses, defames, or disparages any individual including any harassing or pejorative comments based on any individual’s sex, sexual orientation, sexual preference, transgender status, gender identity, race, ethnicity, religion, or other protected class; or
User Generated Content that may be considered misleading, fraudulent, or otherwise unlawful or that is uploaded for an illegal or unauthorized purpose.
You acknowledge and agree that a violation of this Section 10 will constitute a material breach of this Agreement and if Company discovers you violated the Section it may, in its sole discretion, revoke your access to the Services at any time without Notice or refund.
11. Use of Communications Services.
You agree to use the Communications Services only to post, send, and receive written communications that are proper and related to the Services. Materials uploaded to a Communication Service may be subject to posted limitations on usage, content, reproduction and/or dissemination. You acknowledge and agree that materials you upload to a Communication Service shall be deemed User Generated Content.
YOU MAY NOT UPLOAD ANY PHOTOGRAPHS, PICTURES OF DOCUMENTS, PDFS, OR OTHER DOCUMENTS TO THE COMMUNICATION SERVICES. You are responsible for adhering to any limitations on your use of the Communications Services set forth herein andCompany reserves the right to terminate your access to any or all the Communications Services at any time, without Notice, for any reason whatsoever.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, pornographic, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary licenses, consents, and permissions therefor; upload files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file uploaded by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Company has no obligation to monitor the Communication Services. However, Company reserves the right to review any and all materials uploaded to a Communication Service and to remove any materials in its sole discretion.
YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN OR FAMILY IN ANY COMMUNICATION SERVICE. COMPANY DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE.
12. Service Availability and Termination
You acknowledge and agree that:
Company has the discretion to immediately terminate or restrict access to the Services or any portion thereof, at any time, for any reason, without Notice and without liability to you;
Access to the Services may be interrupted for reasons within or beyond the control of Company and that Company cannot and does not guarantee you will be able to use the Services whenever you wish to do so;
The Services may not be offered in all countries or geographic locations.
13. Company Disclaimer and Limitation of Liability and Remedies
COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION.
All information and content provided by Company through the Services is for informational and entertainment purposes only and Company does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content.
No content or information is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding purchasing the use of the Services or the purchase any other good or service, whether virtual or tangible, offered by the Services, you should consult your financial, legal, tax, or other professional advisers as appropriate. You acknowledge that you access content or information through the Services at your own risk and you are solely responsible for making the final determination as to the value and appropriateness of using the same.
USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR USERS AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR OR CONNECTED TO THE PAYMENTS OR OTHER USER SERVICES PERFORMED IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE RESPONSIBLE TO ANY USER FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF DATA, REGARDLESS OF FORESEEABILITY AND COMPANY’S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO A REFUND OF ANY MONIES SPENT BY AN APPLICABLE USER HEREUDNER WITHIN THE SIX (6) MONTHS PRECEDING ANY ALLEGED BREACH OF THIS AGREEMENT BY COMPANY.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY COMPANY, YOUR REMEDIES SHALL BE LIMITED TO AN ACTION FOR DAMAGES, IF ANY AND AS LIMITED ABOVE AND IN NO EVENT SHALL YOU BE ENTITLED TO SEEK TO ENJOIN OR RESTRAIN COMPANY’S PERFORMANCE IN ANY MANNER. ACCORDINGLY, YOU EXPRESSLY AGREE THAT ANY DAMAGE TO YOU WILL NOT BE IRREPARABLE OR OTHERWISE INCALCULABLE SO AS TO ENTITLE YOU TO SEEK AND/OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF.
14. Prohibited Conduct
You are granted a non-exclusive, non-transferable, revocable License to access and use the Services, strictly in accordance with these Terms. As a condition of your use of the Services, you represent and warrant to Company that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Further, you agree that you will comply with these Terms and will not:
- Use the Services in any manner which could damage, disable, overburden, or impair the Website or Website servers, or otherwise interfere with any other party’s use and enjoyment of the Services;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
- Defame, harass, abuse, threaten or defraud Users, or collect, or attempt to collect, personal information about Users or third parties without their consent; and
- Attempt to indicate in any manner that you have a relationship with Company or that Company has endorsed you or any products or services for any purpose.
Company also reserves all available legal rights and remedies to prevent the unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider.
15. Representations and Warranties
16. Links to Third Party Sites
The Services may contain links to third-party websites. The third-party websites are not under the control of Company and Company is not responsible for the contents of the same, including without limitation any link contained therein. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the website or any association with its operators.
17. Device and Internet Connection
Use and access of the Services may require the use of your personal computer, laptop, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the Services.
18. International Users
The Services are controlled, operated and administered by Company from our offices within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You hereby agree to release Company from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third-party (including other Users) in connection with the Services and any content therein. In furtherance of the foregoing, you hereby waive any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY 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 RELEASED PARTY.”
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney’s fees) arising from (i) your misuse of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; (iv) your use of or inability to use the Services; and (v) any claim that you caused damage to a third-party.
21. Dispute Resolution
In the event the parties are not able to resolve any Dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then, except as provided below, the parties hereby agree to submit any dispute they cannot resolve informally to final and binding arbitration. The arbitration will be conducted in New Castle County, Delaware before a single neutral arbitrator in accordance with the rules of the American Arbitration Association. The arbitrator will follow Delaware law in adjudicating the dispute. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Interpretations of these Terms, including determinations of unconscionability, will be determined by the arbitrator selected through this provision. The parties will initially share the cost of such arbitration, provided that the prevailing party will be entitled to all fees and costs associated with arbitration (or enforcement of an award therefrom), including, but not limited to, reasonable attorney’s fees, from the other party upon completion of the arbitration or subsequent enforcement action.
The parties acknowledge and agree that any action with respect to your infringement or alleged infringement of any Intellectual Property Rights, any action in which Company seeks equitable relief, or any other action that may not be submitted to arbitration under applicable law, including the enforcement of any arbitration ruling, shall be tried by a court of competent jurisdiction located in New Castle County, Delaware. In that respect, you hereby consent to the jurisdiction of the State of Delaware agree that its laws will be used to resolve all disputes arising from or concerning these Terms.
22. Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
23. Termination and Access Restriction
Company reserves the right to terminate your access to the Services, or any portion thereof at any time, without Notice, for any reason including, without limitation, a breach of these Terms. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Company’s performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in these Terms are in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Company with respect to such use.
These Terms are non-transferable, and you may not assign your rights and obligations under these Terms without the express written consent of Company.
26. Copyright Infringement Policy
Company is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.
If you are a copyright owner or an agent thereof and believe that any User Generated Content on the Services infringes on your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated agent for copyright claim notifications (“Designated Agent”) with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works within the Services are covered by a single notification, a representative list of such works that appear within the Services;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement under penalty of perjury that the information in the notification is accurate, and you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
Company will process any notices of alleged copyright infringement and will take appropriate actions as permitted under the DMCA. Upon receipt of notices complying with the DMCA, Company will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
The designated agent can be reached at: [email protected]
27. DMCA Counter Claims
Company may notify the owner or administrator of the affected Content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
If you have any questions regarding your use of the Services or compliance with these Terms, please contact us at [email protected]