These Terms and Conditions (“Terms”) govern your access to and use of the MoonAndMadison.com website (the “Site”) and any related mobile applications (the “App”) provided by Moon And Madison® (“Moon And Madison®“, “we”, “us” or “our”).
By accessing or using the Site or App, you represent that you have read, understood, and agree to be bound by these Terms as well as our Privacy Policy. If you do not agree to these Terms, then you do not have our permission to access or use our Site or App.
We may modify these Terms from time to time. If we make material changes, we will notify you via the Site, App or otherwise per applicable law. You understand and agree that your continued access to or use of the Site or App after any changes take effect will indicate your acceptance of the updated Terms.
Use of Site and App
Eligibility. The Site and App are intended solely for users who are 18 years of age or older. Any access to or use of the Site or App by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms. By accessing or using the Site or App you represent and warrant that you are 18 years or older.
Lawful Use. You agree to access and use the Site and App only for lawful purposes. You are solely responsible for the knowledge and adherence to any and all laws, rules, and regulations pertaining to your use of the Site and App.
Access and Use. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and App for your own personal, non-commercial purposes, subject to your compliance with these Terms. You may print, download, or store information from the Site or App for your personal use only. All other uses are prohibited without our express written consent.
Restrictions. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any materials or information from the Site or App, except as follows: Your computer or mobile device may temporarily store copies of such materials in RAM or cache incidental to your accessing those materials. You may store files that are automatically cached by your web browser for display enhancement purposes. You may print or download one copy of a reasonable number of pages and excerpts of any materials for your own personal, non-commercial use only, provided you do not remove any trademark, copyright or other notice contained therein. This limited license does not include any rights not expressly granted herein.
Prohibited Conduct. You may not:
- Modify copies of materials from the Site or App.
- Delete or alter any copyright, trademark or other proprietary rights notices on the Site or App.
- Reproduce, modify, display, publicly perform, distribute, or create derivative works of any materials or information from the Site or App.
- Access, download, monitor, or copy any content or information on the Site or App using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; provided, however, we grant the operators of public search engines revocable permission to copy materials from the site for the sole purpose of creating publicly available searchable indices, but not caches or archives, of the Site or App.
- Violate the restrictions in any robot exclusion headers on the Site or App or bypass or circumvent other measures employed to prevent or limit access to the Site or App
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure which would in any way impair, shut down, or otherwise disrupt the Site or App;
Account Security. If the Site or App allows you to create a user account, then you agree to keep your account password confidential and secure, not sharing your login information with others. You are fully responsible for all activities on your account and for keeping your password secure. You will immediately notify us of any unauthorized use of your account or breach of your password security. We cannot and will not be liable for any loss or damages from your failure to properly secure your password or account.
No Reselling. You agree and understand that the Site and App are intended for consumer use only, not for reselling, redistributing, or other commercial purposes. You agree not to purchase any products or services through the Site or App for resale, unless expressly authorized by us in writing to do so.
User Content
Any text, graphics, photos, audio, video or other content generated by users and uploaded, posted, transmitted or otherwise made available on or through the Site or App are referred to as “User Content”. User Content specifically does not include any content posted by us or our licensors. We do not claim any ownership rights in any User Content.
However, when you as a user submit or post any User Content, you grant us an irrevocable, perpetual, non-exclusive royalty-free and fully paid, worldwide license to copy, display, publish, distribute, reproduce, adapt, edit and otherwise use such User Content in any and all media or distribution methods now known or later developed.
You represent and warrant that (1) you own the User Content submitted by you or otherwise have the full right and authority to grant the foregoing license, (2) the User Content does not violate the intellectual property rights, privacy rights, publicity rights or any other legal rights of any third party, and (3) no permissions are required from or payments required to any third party for us to lawfully use such User Content as described.
We have the right but not the obligation to monitor User Content, and have the right in our sole discretion to edit, refuse to post, or remove any User Content.
Intellectual Property
The Site, App and their entire contents, features, and functionality are owned by us and our licensors and is protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.
The Moon And Madison® name and logo are trademarks of Moon And Madison®. All other trademarks and service marks appearing on the Site or App are the property of their respective owners. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Site or App, except to the extent permitted above. You may not use any metatags or any other “hidden text” utilizing “Moon And Madison” or any other name, trademark or product name owned by us without our prior written permission.
Disclaimer of Warranties
Your use of the site and app is at your sole risk and discretion. the site and app are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We expressly disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We make no representations or warranties that access to the site or app will be continuous, uninterrupted, timely, or secure; that the site or app will be free from defects, vulnerabilities, errors or viruses; or that any particular search results, content or functions will be available.
Any material downloaded, accessed or otherwise obtained through the Site is accessed at your own risk. You are solely responsible for any damage to your property, loss of data, or any other harm from those activities.
We make no representations or warranties regarding any products or services purchased or obtained through, advertised on or linked from the Site or App.
Some jurisdictions limit or do not allow disclaimers of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
Limitations of Liability
We and our licensors will not be liable for any indirect, incidental, special, consequential or exemplary damages arising from or relating to your access or use of, or inability to access or use the site or app. This includes, without limitation, any loss of use, subscriptions, data, income, revenue, business, opportunity, or profits, damages from lost time value or goodwill, loss of or damage to property or data, emotional distress or mental anguish, or any other intangible losses or damages not listed herein, even if advised of the possibility of such damages or such damages are foreseeable.
In no event will our total liability arising from or relating to the site or app exceed the greater of $100 or the total amounts you have paid to us over the prior twelve months. Some jurisdictions do not allow the limitation or exclusion of certain damages so some of the above limitations may not apply to you.
The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states/jurisdictions prohibit the disclaimer of implied warranties and consequential or incidental damages. If any portion of the above disclaimers or limitations is found to be invalid or unenforceable for any reason, then the remaining provisions will remain in full force and effect.
Indemnification
You agree to defend, hold harmless and indemnify us, our subsidiaries, affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any third party claims, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to: (a) your use of or activities in connection with the Site or App, (b) your User Content; (c) any willful, reckless or unlawful act or omission by you; (d) your violation of any applicable laws or regulations or any term of these Terms; or (e) your violation of the rights of a third party. We reserve the right, at your expense, to assume the defense and control of any action subject to indemnification by you, but doing so will not excuse your indemnity obligations.
Termination
We reserve the right to terminate your access to and use of the Site and App at our discretion for any reason at any time, subject to applicable law, including your violation of these Terms.
All provisions which by their nature should survive termination of these Terms shall survive termination, including accrued rights, released obligations, warranties, disclaimers, indemnities, and limitations of liability.
Governing Law and Disputes
These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation, will be governed by the laws of the State of California without resort to its conflicts of law provisions. Any legal action or proceeding related to the Site or App will be brought solely in the federal or state courts located in or having jurisdiction over San Francisco County, California, and we both irrevocably consent to the exclusive personal jurisdiction and venue of these courts for that purpose.
General Terms
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity and enforceability of the remaining provisions.
Our failure to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision.
We may assign any or all of our rights and obligations under these Terms. You may not assign these Terms without our prior written consent. The Terms constitute the entire agreement between you and us relating to their subject matter.
Contacting Us
If you have any questions about these Terms, please contact us at:
Moon And Madison®
Email: [email protected]
Last Updated: January 1, 2024