Agreement between User and Moonami
With respect to your access and use of the Moonami Services, Moonami provides its Services to you, subject to the following Terms, which may be updated by Moonami from time to time without notice to you, and which updates become effective when posted. You are responsible for regularly reviewing these Terms. Also, you must be at least 18 years old or have the permission of your parent or guardian allowing you to use the Services.
In addition, when using particular Moonami Services, you and Moonami shall be subject to any posted guidelines or rules applicable to such sites or services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. In the event that any of the Terms contained herein conflict with such guidelines or rules, these Terms shall control.
You agree to be bound by these Terms, and indicate such agreement by any access or use of the Moonami Services. If you do not agree to these Terms, do not access and use the Moonami Services.
Subject to these Terms, Moonami hereby grants you the right to access and use the Moonami Services solely for the following purposes: (i) if you are accessing the Moonami Services as an individual, then any and all use of the Moonami Services is for your personal, non-commercial use only; or (ii) if you are accessing the Moonami Services on behalf of a business entity, or educational institution, then any and all use of the Moonami Services must be for such business entity’s, or educational institution’s, internal business or educational purposes in connection with the establishment or continuation of a business relationship with Moonami. Moonami retains all rights with respect to the Moonami Services except those expressly granted to you through these Terms. You agree not to frame, or assist third parties in framing, any of the web pages contained in the Moonami Services. Such framing is strictly prohibited under these Terms. Unless otherwise agreed to in a separate written agreement, Moonami may change, suspend, restrict or discontinue all or any part of the Services at any time. The software on the Moonami Sites are the proprietary property of Moonami and/or its suppliers and partners and are protected by U.S. and international copyright and other intellectual property laws. The name “Moonami” is trademark of Moonami. The names of actual companies and products listed on the Moonami Services may be the trademarks of their respective owners. Moonami reserves the right to suspend, cancel or limit the use of the Moonami Services with or without cause, and with or without notice. For example, we may suspend, cancel or limit your use if your use violates these Terms or conflicts with our company goals.
As a condition of your use of the Moonami Services, you warrant to Moonami that you will not use the Moonami Services for any purpose that is unlawful, encourages illegal behavior, or is prohibited by these Terms. You agree not to use the Moonami Services in any manner, which could damage, disable, overburden, or impair the Moonami Services or interfere with any other party’s use and enjoyment of the Moonami Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Moonami Services.
Mobile Application Use.
By downloading any application from Moonami, Inc., (the “Company”) installing or using any mobile application or any portion thereof (“Application”) you agree to the following Application use. The Company grants you a non-transferable, non-exclusive, limited right and license to install and use Application solely and exclusively for your personal use. You may not use the Application in any manner that could damage, impair, disable, or overburden the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application). You agree that you are solely responsible for your use of the Application, any breach of your obligations under the Terms, and for the consequences (including any loss or damage which the Company may suffer) of any such breach.
Use by Students.
- If a student is under the age of 18, a parent or legal guardian must give consent for the child to use the Moonami Services.
- Moonami collects limited personal information from minor students only where that student’s school, district, or teacher has contracted with Moonami to collect personal information for the use and benefit of the learning environment.
- Moonami requires schools, districts, or teachers to obtain parental consent from parents.
- If you believe that a student’s school, district, or teacher has not required parental consent prior to our collection of any personal information, contact us at email@example.com.
- If you are a STUDENT, the following provisions also apply:
- Be careful who you share your information with while using the Moonami Services.
- You must get your parent or guardian to read these Terms before using the Moonami Services.
- You will only register for and access the Moonami Services and Application as a student registrant, and not as a teacher, parent, or any other category of user.
- You will only access the Moonami Services using the access code given to you by your teacher. You may not use any access codes which you receive from other students or which you did not receive directly from your teacher.
- If you are accessing the Moonami Services on behalf of a SCHOOL OR DISTRICT, the following provisions also apply:
- You represent and warrant that you are solely responsible for complying with the Child Online Privacy Protection Act (COPPA), which requires parental consent for online collection of personal information from children under 13.
- You must obtain verifiable parental consent (“Consent”) from all parents whose children will be accessing the Moonami Services and provide a copy to us upon our request. For more information on COPPA, please see www.ftc.gov/privacy.
- You will only grant access codes to teachers and staff members who are current employees of your school or district. Upon termination of a teacher or other staff member’s employment with you, you will require such individual to return and cease using all access codes he or she has in his or her possession. If at any time you learn a user of the Services claims to be affiliated with your school or district who is not, in fact, affiliated with your school or district, you will notify Moonami immediately.
- If you are accessing Moonami Services as a TEACHER, the following provisions also apply:
- You represent and warrant that you have permission from your school or district to enter into these Terms, to use the Moonami Services as part of your curriculum, and that you have the authority to bind your school or district to these Terms.
- You represent and warrant that you are solely responsible for complying with COPPA, which requires verifiable parental consent for online collection of personal information from children under 13.
- You must obtain Consent from all parents whose children under 18 will be accessing Moonami Services and provide a copy to us upon our request. For more information on COPPA, please see www.ftc.gov/privacy.
- If you are accessing Moonami Services as a PARENT, the following provisions also apply:
- You will only use the parent code(s) provided to you by your child or children’s teacher.
- You understand that your acceptance of these Terms indicates that you are agreeing to these Terms both on your own behalf as well as on behalf of your child or children who use the Moonami Services. Children under 13 must not use the Moonami Services until after a parent has accepted these Terms on their behalf.
Services may be subject to other limitations, such as, for example, limits on disk storage space, on the number of calls you are permitted to make against our application programming interface, and, for services that enable you to provide public websites, on the number of page views by visitors to those websites. Any such limitations are specified on our website. In addition, you acknowledge and agree that, from time to time, Moonami may monitor Your use of the Services and collect data regarding such use for, among other purposes, maintaining and improving the Service, assuring Your compliance with our usage limitations and guidelines, and for ensuring that the Service is not being used for illegal purposes. To the extent that We discover or become aware that you or your users are using the Services in contravention of this agreement, or in any manner proscribed by applicable law, we reserve the right to deny you continued access to the service and to terminate your account.
Links to Third Party Sites.
The Moonami Services may contain links or produce search results that reference links to third party web sites (“Linked Sites”). Moonami has no control over these Linked Sites or the content within them. Moonami cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. Moonami does not endorse the content of any Linked Site, nor do we warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other web access device. By using the Moonami Services to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against Moonami for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site, please let us know at firstname.lastname@example.org, and we will investigate the link and take appropriate action.
Third Party Providers.
Acquisition of Third-Party Products and Services.
We may offer Third-Party Applications for sale, or under certain circumstances, free of charge, under Order Forms or as part of the Services. Any other acquisition by You of third-party products or services, including but not limited to Third-Party Applications and implementation, customization and other consulting services, and any exchange of data between You and any third-party provider, is solely between You and the applicable third-party provider. We do not warrant or support third-party products or services, whether or not they are designated by Us as “certified” or otherwise, except as specified in an Order Form.
Third-Party Applications and Your Data.
If You install or enable Third-Party Applications for use with Services, You acknowledge that We may allow providers of those Third-Party Applications to access Your Data as required for the interoperation of such Third-Party Applications with the Services. We shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by Third-Party Application providers.
The Moonami Services may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.
Privacy and Disclosure of Information.
Ownership of Submitted Feedback or Bug Reports.
Unless otherwise agreed to by Moonami, in writing, you agree that any and all information and content that you provide to the Moonami Feedback or Bug Reporting process becomes the exclusive property of Moonami, and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to Moonami upon submission of the information and content. You represent and warrant that you are the owner of such information and content and are authorized to make such assignment of rights.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Company, its partners, affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Moonami Services, including your downloading, installation, or use of the Moonami Services, or your violation of these Terms or documents it incorporates by reference.
Moonami does not promise that the Moonami Services will be error-free, uninterrupted, nor that the Moonami Services will provide specific results from your use of any content, search or link on them. The Moonami Services and all content contained within them are delivered on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind. Moonami does not warrant or represent that files you download from the Moonami Services will be free of viruses or other harmful features. You are solely responsible for any damage to your mobile device, or other device, or loss of data that results from such use. MOONAMI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL MOONAMI, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE MOONAMI SERVICES. IN NO EVENT SHALL MOONAMI’S AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF MOONAMI’S AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE MOONAMI SERVICES EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO MOONAMI FOR ACCESSING THIS SITE; OR (B) TEN U.S. DOLLARS ($10.00).
Additional Representations and Warranties.
You affirm that you are at least 18 years old or have the permission of your parent or guardian allowing you to use the Services and enter into agreements with Moonami. If you are under 18 years old, you agree to have your parent or guardian read and acknowledge these Terms before proceeding. By providing their permission, your parents or guardians agree with Moonami to all of the terms and conditions contained within this document.
Designated Agent for Alleged Copyright Infringement.
Please review our Digital Millennium Copyright Act (“DMCA”) Notice at https://moonami.com/policies/dmca-notice/. Moonami respects the intellectual property of others, and we ask you to do the same. If you believe some content on the Moonami Services has been copied in such as way to constitute copyright infringement, please contact us at the contact information contained on the above website.
License Grant to Moonami.
- When you distribute, disseminate or upload content through the Moonami Services (“User Content”) and make it publicly available, you hereby grant to Moonami a worldwide, non-exclusive, transferable, perpetual, royalty-free, license to host, display, modify, reproduce, distribute, and sublicense the publicly available content for promotional purposes in connection with Services offered by Moonami.
- By uploading User Content, you hereby warrant that your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be copied or played.
License Grant to other Users.
By distributing or disseminating User Content through the Moonami Services, you hereby grant to each User that is authorized to access your User Content a non-exclusive license to access and use your User Content under the terms indicated by you when you uploaded such User Content. Notwithstanding the foregoing, you hereby grant to each User that is authorized to access your User Content at least a limited, non-exclusive, license to view, download (including, without limitation download to a portable device), print and have printed such User Content for personal use in the manner contemplated by the Terms and the Services. The foregoing license granted by you terminates as to a specific piece of User Content once you remove or delete such User Content from the Services provided, however, that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the Services survive any termination or expiration of the license granted in this section.
- You are solely responsible for your User Content and the consequences of posting or publishing them. By uploading and publishing your User Content, you affirm, represent, and warrant that:
- You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Moonami and Moonami’s Users to use your User Content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by Moonami and these Terms;
- Your User Content does not and will not slander, defame, or libel any other person.
- The use of your User Content as permitted herein does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; and
- Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
- Moonami reserves all rights and remedies against any Users who violate these Terms. Moonami is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content and disclaims all liability in connection with User Content.
- You agree that any information, including without limitation discussion posts, chat posts, IM posts, web links, advertisements, articles, white papers, and reviews, posted by you:
- shall not be false, inaccurate or misleading;
- shall not be fraudulent;
- shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- shall not be obscene or contain child or other pornography;
- shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- shall not create liability for Moonami, or cause us to lose (in whole or in part) the services of our ISPs or other suppliers and Partners; and
- shall not link directly or indirectly to links you do not have a right to link to or include.
User Content Disclaimer.
You understand that when using the Moonami Services you may be exposed to User Content from a variety of sources, and that Moonami is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Moonami with respect thereto. Moonami does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Moonami expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly does not conform to these Terms, Moonami may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice.
Effective: February 25, 2013