These Moonee Publishing (“Moonee”, “our”, “we” or “us”) general terms and conditions (the “Terms”) and our Privacy Policy govern your use of our website (the “Site”) and services accessible via our mobile applications (each an “App”, collectively “Apps”). The Site and the Apps are collectively referred to herein as the “Services”. Please read these Terms carefully, before using and accessing the Services.
By accessing and using our Services, you expressly and unreservedly agree to be bound by these Terms and by our Privacy Policy. If you don’t agree to these Terms and our Privacy Policy, do not use the Services. You may use the Services only if you are not barred from using the Services under any applicable laws or regulations.
The hosting service provider for the Services is Siteground.
We may modify the Terms at any time, at our sole discretion. If we do so, we will notify you by posting the modified Terms on the Site or through other communications via the Services. 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 or via the Services, 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. We are entitled to, and may, at any time and at our sole discretion, without notice or any liability, change, suspend or discontinue all or any part of the Services. We may also modify, limit, deny or impose limits on certain features or restrict your access to parts or all of the Services, or cancel some or all of the functionality of the Services, at any time and at our sole discretion, without notice or liability.
Please refer to our Privacy Policy for information on how we collect, use and disclose information from you, your computer and your device. You understand that through your use of our Services, you acknowledge the collection, use and sharing of this information as described in our Privacy Policy. Our Privacy Policy is included in these Terms by reference and form an integral part hereof. If you don’t agree with the Privacy Policy, then you must stop using our Services.
For purposes of these Terms: (i) “Content” means text, data files, code, graphics, logos, photographs, illustrations, images, music, software, audio, video, files, works of authorship of any kind, and information or other materials that are posted, generated, collected, monitored, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you made available to us through the Services. Content Ownership, Responsibility and Removal. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.
Subject to the foregoing, we and/or the party credited as the provider of the Content (“Content Owner”), exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content may be protected by copyrights, trademarks, trade secrets, service marks, patents, moral rights, privacy rights, and other rights under any applicable laws. 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.
You hereby undertake not to harm, directly or indirectly, via the intermediary of a third party, the intellectual property rights of the Content Owner. You hereby undertake to refrain from reproducing any element of the Site or the Services, by any means whatsoever, in any form whatsoever and on any medium whatsoever, without the prior consent of the Content Owner. Rights in User Content Granted by You. By making any User Content available through Services, you hereby grant to us a non-exclusive, transferable, sub licensable, worldwide, royalty-free license to use, store, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute, remove and delete your User Content.
You are solely and entirely responsible and liable for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We are not responsible or liable for the removal or deletion of (or the failure to remove delete) any of your User Content. You hereby undertake to take all necessary precautions accordingly. Rights in Content Granted by Us. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. 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. We reserve all rights in and to the App not expressly granted to you under these Terms.
You hereby undertake not to do any of the following:
The Services and Apps may contain advertisements or links to third-party products, services, websites or resources. We are not responsible nor liable for the content, products or services on or available from those advertisements, websites or resources or links. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. 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.
You expressly agree that your use of the services is at your own risk. the services and content are provided “as is,” without warranty of any kind, whether explicit or implied. 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 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 us and hold us harmless including our affiliated entities and their 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, (ii) your User Content, or (iii) your violation of these Terms.
Neither we nor any other party involved in creating, producing, or delivering the services or content will be liable for any indirect, incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the services or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not we have 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. some jurisdictions do not allow all or some of the above exclusions and limitations; in such jurisdictions our liabilty is limited to the fullest extent permitted by law. to the extent permitted by law, our total liability, together with our directors, officers, employees, agents, contractors and reprasentatives, arising out of or in connection with these terms or from the use of or inability to use the services or content, is limited to the amounts you have paid to us for use of the services or content during the last six months. the exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.
You agree that any claim you may have arising out of or relating to your relationship with us must be filed within six (6) months after such claim arose; otherwise your claim is permanently barred.
These Terms and any action related thereto will be governed by the laws of the State of Israel, without regard to its choice of law or conflict of law principles. Further, you and we expressly agree to the exclusive jurisdiction of the courts in Tel-Aviv, Israel to resolve any dispute, claim, or controversy that relates to or arises in connection with the Services (and any non-contractual disputes/claims relating to or arising in connection with them).
You agree to report any copyright violations and/or violations of the Terms to us as soon as you become aware of them. In the event that you have a claim of copyright infringement with respect to material that is contained in the Services, please notify us as soon as possible at: contact@moonee.io If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. We may assign the Terms, at any time, with or without notice to you. You must not assign, transfer or sublicense these Terms without our prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. You may not modify these Terms.
