Terms of Service Described In This Document

Moon Boots Terms of Use

LAST MODIFIED: April 13, 2022

THESE TERMS CONTAIN AN ARBITRATION CLAUSE, DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY. PLEASE REVIEW CAREFULLY.

These terms of use are entered into by and between you and Digital Molecule, LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of www.moonbootsapp.com  (the "Website"), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user and any platforms created by a Tenant (the “Services”).

By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, and our Community Guidelines found at: Privacy Policy, Community Guidelines. If you do not want to agree to these Terms of Use, the Privacy Policy, or the Community Guidelines, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website and creating an Account, as the case may be, you represent and warrant that you meet  all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.  Please pay special attention to the following sections: (1) disclaimer of warranties; (2) limit on liability and exclusion of damages; (3) place for resolving disputes; (4) mandatory arbitration; (5) class action waiver; and (6) limitation on time to file disputes.

1. Introduction.

The Website and Services allow individuals to create or participate in a platform, which may include the creation of or access to online courses, events, message boards or forums (a “Platform”).  An individual who creates a Platform shall be referred to as a “Tenant” and an individuals who subscribes or accesses a Platform shall be referred to as a “User.” Tenants and Users shall be referred to collectively as “End Users.” Tenants can customize their Platform by uploading their branding, images and content, determining whether to charge a fee for access to the Platform, choosing Users to invite and determining what content to provide to Users.   All information uploaded or provided by Tenants shall be referred to as “Content” and may include text, images, videos, photographs, and any other material uploaded by a Tenant.

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You should check this page from time to time so you are aware of any changes.

Company does not own any Content on the Website.  The views expressed by End Users do not represent Company’s views. All transactions and interactions regarding Content are between Users. Company is not responsible for any transaction or interaction between Users.

If you have any questions about this agreement or any questions or comments about the Website, please email the Company at admin@moonbootsapp.com.

2. Payments, Refunds and Cancellation.

Payments.  Tenants may gain access to the Services through the payment of a monthly or yearly fee that shall be charged per Platform created at a fee scheduled provide by Company under separate cover.  If a Tenant chooses to charge a fee to utilize a Platform, Users may gain access to that Platform by payment of a monthly fee set by Tenant. Company accepts payment via the payment methods identified on the Website before checkout. You must abide by any relevant terms of service or other legal agreement, whether with the Company or a third party, that governs your use of a given payment method. The Company or the applicable third-party payment processor will charge your credit card or other form of payment for the price listed for the applicable paid product or service, along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations.

No Refunds.  To the extent allowable by law, all sales and transactions are final. Payments are nonrefundable and fully earned on payment. There are no refunds or credits for partially used periods. If there is a technical error on the Website, the Company will work with you to resolve it.   Certain jurisdictions may require refunds within a certain amount of time.  Company shall honor those requests, to the extent required by law. 

Recurring Billing. If an End User purchases an automatically renewing subscription, the End User authorizes the Company or the applicable third-party payment processor to charge the payment method on file on the first day of each billing period for that relevant subscription.  If  the payment method on file becomes invalid due to an expired credit card or other similar reason and the Company (or applicable third-party payment processor) is unable to charge you on the next billing period, the Company may immediately revoke your access to the Platform until you update your payment method. If you fail to update your payment method within a reasonable amount of time, the Company may cancel your subscription.

Cancellation.  If  your subscription is set to automatically renew, you must cancel your subscription within your Account settings before the renewal date to prevent being charged for the upcoming period and to effectively cancel your subscription. You can see a summary of credits, charges, and amounts due when you log into your Account.   You will have access to the paid service from the time you cancel until the start of the next billing period. You will not receive a refund or credit for any remaining days in your current billing period. 

If you cancel your membership and then want to rejoin, you may be required to create a new Account and satisfy the then-current minimum eligibility requirements. Only plans, promotions, and prices in effect when you re-join are applicable.

Taxes. If the Company is required to collect or pay any taxes in connection with your purchase of a paid product or service, those taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of a paid product or service. These taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.

Billing Disputes. If you believe that the Company has charged you in error, you must notify the Company in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you fail to notify the Company in writing of a dispute within this 30-day period, you waive any disputed charges to the extent allowable by law. You must submit any billing disputes by email to admin@moonbootsapp.com and include a detailed statement describing the nature and amount of the disputed charges. The Company will review the dispute and correct any errors confirmed by the Company.

Fourteen (14) Day Trial for Tenants.  The Company currently offers a fourteen (14) day free trial (the “Free Trial”) for a Tenant to become familiar with the Service.   During the Free Trial, Tenant may customize the Platform and become familiar with the Services.  Upon the creation of an offering for Users, the Free Trial will end and Tenant must provide a payment instrument to continue use of the Account, which must occur within fourteen (14) days of the start of the Free Trial.   Any Free Trial Accounts not converted into paid for Accounts shall be deleted within thirty days and the Platform name shall be released.   Company cannot guarantee that the Platform name will be available if Tenant reinstates to the Account.

3. Accessing the Website and Your Account =

Accessing the Website.  Although we will use reasonable efforts to make the Website available on a regular basis, we reserve the right to withdraw or amend this Website or any of its contents, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable  if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Your Account.  To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information to create an account (the “Account”).  There are two types of Accounts which may have different functionality, a Tenant Account and a User Account, collectively referred to as an “Account.”  To create either Account, you must complete the registration process by providing the Company with accurate information as prompted by the applicable registration form. You also will choose a password. You must also provide a valid email address.  By creating an Account, you state that (a) all Account registration, and profile information you provide is your own and is accurate; (b) if you previously had an Account on the Website, your old Account was not terminated or suspended by the Company for violation of this agreement; and (c) you are creating an Account for your own personal use and you will not sell, rent, or transfer your Account to any third party.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and Community Guidelines, and you consent to all actions we take with respect to your  information consistent with our Privacy Policy and Community Guidelines.

Responsibility for Account. You are responsible for keeping your password and Account confidential. Further, you are responsible for all activities that occur under your Account. You must notify the Company promptly of any unauthorized use of your Account or any other security breach.  If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify  us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

Liability for Account Misuse. The Company will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your Account or password.

Account Security. The Company cares about the integrity and security of your personal information. But the Company cannot guarantee that unauthorized third parties will never be able to defeat the Website’s security measures or use any personal information you provide to the Company for improper purposes. You acknowledge that you provide your personal information at your own risk.

Communication Preferences. By registering for an Account, you consent to receiving electronic communications from the Company relating to your Account. These communications may involve sending emails to your email address provided during registration or posting communications on the Website and will include notices about your Account (e.g., change in password, confirmation emails, and other transactional information) and are part of your relationship with the Company. You acknowledge that any notices, agreements, disclosures, or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including that these communications be in writing. The Company recommends that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from the Company, including newsletters about new features and content, special offers, promotional announcements, and customer surveys via email or other methods. If you no longer want to receive certain non-transaction communications, please review the Privacy Policy regarding opting out of marketing communications.

Deletion of Accounts. To delete or cancel your account, please follow the instructions when you log in to your Account.  We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if we have determined that you have violated any provision of these Terms of Use or Community Guidelines.

Tenant Accounts.  Tenants may upload Content to be viewed by Users.  Tenants will have access to a Dashboard that will provide Tenants with statistics regarding the Tenant Account, including, but not limited to amounts earned, information about of Users that have subscribed by Tenant’s Platform, and top performing Content.  All information located in the Dashboard is confidential and may not be shared with any third party.  Tenant is solely responsible for maintaining the confidentiality of the information located in the Dashboard.  Sharing access to the Dashboard with any third-party may be grounds for immediate termination of the Tenant Account, however Tenant may add authorized individuals to assist in the administration of the Platform.

Tenants are responsible for setting pricing for all offered services, including subscriptions and fees to view Content, and is also responsible for all customer service inquiries by Users. Tenants are responsible for working with Users to resolve any disputes and Tenants must timely respond to Users.   Company is not responsible nor liable for any refund requests.

4. Intellectual Property Rights

Except for User Contributions (as defined below) and Content, the Website and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

License Grant. This agreement permits you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

1. Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
4. You may download or stream any audiovisual content to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
5. If the Company provides social media features with certain content, you may take those actions as are enabled by those features.

License Restrictions

You must not:

1. Modify copies of any Content.
2. Republish Content, unless Content is specifically and expressly made available for republication; 
3. Sell, rent or sub-license any Content unless you are a Model and the owner of the Content;
4. Reproduce or duplicate any Content for commercial purposes; 
5. Redistribute Content, unless Content is specifically and expressly made available for redistribution. 
6. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
7. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website unless you are a Tenant, have created a Tenant Account and agreed to and continue to comply with these Terms of Use. 
8. If you print, copy, modify, download, stream, or otherwise use or provide any other person with access to any part of the Website in breach of this agreement, your right to use the Website will stop immediately and you must, at the Company’s option, return or destroy any copies of the materials you have made. No interest in or to the Website or any content on the Website is transferred to you, and the Company reserves all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.

If you wish to make any use of material on the Website other than as set out in this section,  please address your request to: admin@moonbootsapp.com.

If you breach these Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly  permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks; Affiliation with Company

The Company name, the Moon Boots trademark, and all related names, logos, product, and service names, designs, graphics, and slogans are intellectual property owned by the Company or its licensors. You may not use such intellectual property without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

You are prohibited from stating or suggesting that you are affiliated with or endorsed by Company without the prior written permission of the Company (e.g., through a separate agreement for Moon Boots Ambassadors).

5. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use.     You agree not to use the Website:

• In any way that violates any applicable law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm any person.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use or our Community Guidelines.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Lease, loan, trade, sell/re-sell, or otherwise monetize the Website or related data or          access to the Website.
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
• Use any robot, spider, or other automatic device or process to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any spyware, computer viruses, Trojan horses, worms, logic bombs, or other material, software or code that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. 
• Otherwise attempt to interfere with the proper working of the Website.
• Conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Company's express written permission. 
• Use the Website to transmit or send any unsolicited commercial communications. 
• Use the Website for any third-party marketing without Company's express written permission.

Child Pornography Prohibited. The Company prohibits pornographic content involving minors. The Company only allows visual media of consenting adults for consenting adults to be posted or viewed on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please promptly report this to the Company at admin@moonbootsapp.com. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company fully cooperates with any law-enforcement agency investigating child pornography.

Prostitution and Sex Trafficking Prohibited. The Company prohibits the Website and its interactive services from being used in any way to engage in, participate in assist, support, promote, solicit, or facilitate any act of prostitution of another person or sex trafficking of another person. This includes using the Website or its interactive services to share personal contact details or arrange face-to-face meetings. If you see any evidence of the foregoing on the Website, please promptly report this to the Company at admin@moonbootsapp.com.. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company will terminate the Account of any person engaging in any of the foregoing and will report all individuals suspected of promoting or facilitating prostitution of another person or sex trafficking to the appropriate law enforcement agency. The Company fully cooperates with any law-enforcement agency investigating prostitution or sex trafficking.

6. User Contributions

The Website contains message boards, forums, and other interactive features (collectively, "Interactive Services") that allow End Users to post, submit, publish, display, or transmit  to other End Users (hereinafter, "post") content, including comments and other materials (collectively, "User Contributions") on or through the Website.  All User Contributions must comply with the Community Guidelines. Any violation of the Community Guidelines or these Terms of Use is grounds for immediate removal of the User Contribution and/or immediate termination of the Account, in Company’s sole discretion.

Any User Contribution you post to the site will be considered non-confidential and non- proprietary. By providing any User Contribution on the Website, you grant the Company and its affiliates and service providers, and each of their and the Company’s respective licensees, successors, and assigns  the right to use, reproduce, modify, perform, display, distribute, create derivate works from and otherwise disclose to third parties the User Contributions for any purpose unless otherwise provided in the Privacy Policy.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above.
• All of your User Contributions do and will comply with these Terms of Use.
• You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

7. Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions or Content for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution or Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution or Content violates the Terms of Use or our Community Guidelines, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
• Disclose your identity or other information about you to investigate third-party complaints, such as complaints related to intellectual property rights or privacy rights.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.  The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone posting any materials on or through the Website. You waive and hold harmless the Company and the Company’s affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either those parties or law enforcement authorities.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation any violation of these Terms of Use.
• Please note that we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

Complaints concerning content posted or shared to the Website may be sent to admin@moonbootsapp.com

Content and User Contribution Standards. 

These content standards apply to all Content posted by Tenants, User Contributions and use of Interactive Services (collectively “Website Content”). Website Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Website Content must not:

1. Contain any material that is illegal, defamatory, libelous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
2. Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
3. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
4. Violate the legal rights (including the rights of publicity and privacy) of any person or contain any material that could give rise to any civil or criminal liability under governing laws or otherwise may be in conflict with this agreement or the Privacy Policy.
5. Be likely to deceive any person.
6. Promote or solicit any illegal activity, or advocate, promote, or assist any unlawful act, including promoting or facilitating prostitution of another person, sex trafficking, or human trafficking.
7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
8. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
9. Involve commercial activities or sales, including non-sanctioned contests, sweepstakes, and other sales promotions, barter, or advertising.
10. Give the impression that they emanate from or are endorsed by the Company or any other person, if this is not the case.
11. Contain viruses, worms, or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications.

Copyright Infringement

If you believe that any Website Content violates your copyright, please see the Copyright Policy for instructions on sending the Company a notice of copyright infringement. It is the Company’s policy to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this  information. Any reliance you place on such information is strictly at your own risk. This Website includes content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily  complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. If you provide suggestions or other feedback regarding the Website, we may use and share such feedback for any purpose without compensation or credit to you.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Other Terms and Conditions

Additional terms and conditions may apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the United States. We provide this Website for use only by  persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE FOREGOING ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUTNOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the Website content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.

If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to stop using the Website. The maximum liability of the Company and its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers to you for any claim will not exceed the greater of $250 or the amount you have paid to the Company for the applicable purchase out of which liability arose even if the remedy fails of its essential purpose.

Scope of Disclaimers, Exclusions, and Limits. The disclaimers, exclusions, and limits stated herein apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits will not apply to you.

9. Indemnification

In General. You will pay the Company, its directors, officers, employees, agents, contractors, subsidiaries, affiliates, licensors, content providers, and service providers (the “Indemnified Parties”) for any loss of the Indemnified Parties’ that is caused by any of the following: (a) your access of, or conduct on, the Website, including Content and User Contributions contributed by you; (b) your conduct off the Website; (c) your breach of this agreement; (d) your violation of rights of any person, including intellectual property, publicity, and privacy rights; (e) your violation of any applicable law; (f) your tortious acts or omissions; or (g) your criminal acts or omissions. But you are not required to pay if the loss was caused by the Indemnified Party’s intentional misconduct.

“Loss” means an amount that the Indemnified Party is legally responsible for or pays in any form in connection with a covered act.  By way of example, amounts include, but are not limited to, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages.

A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.

Indemnified Party’s Duty to Notify You. The Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to timely notify you does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.

Legal Defense of a Claim. The Indemnified Party has control over defending a claim for a loss (including settling it) unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate with each other in good faith on a claim.

No Exclusivity. The Indemnified Parties’ rights under this section do not affect other rights they might have.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).  All disputes arising out of or relating to the Website or this agreement that are not subject to arbitration will be subject to the exclusive jurisdiction and venue of the  federal courts of the United States or the court of the State of California, in each case located in Los Angeles County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Alternative Dispute Resolution

Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising out of the Website, this agreement, or the subject matter of this agreement, a party may demand that any such dispute be resolved by arbitration administered by the Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) in accordance with its rules available at www.arbresolutions.com, and each party hereby consents to any such dispute being so resolved. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement. The arbitrator’s award will include costs of arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under this agreement without the advance written consent of both parties.

Injunctive Relief. The parties acknowledge that breach by either party of the obligations under this agreement could cause irreparable harm for which damages would be an inadequate remedy. Nothing in this section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Website, in each case without posting a bond or other security and without proof of actual money damages in connection with the claim.

Recovery of Expenses. In any proceedings between the parties arising out of or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. For purposes of this section, “prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.

Jury Trial Waiver. Each party hereby waives its right to a trial by jury in any proceedings arising out of, or relating to the subject matter of, this agreement. Either party may enforce this waiver up to and including the first day of trial.

Class Action Waiver. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Company agrees otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.

Limitation on Time to Bring Claims. A party will not bring a claim arising out of or relating to the Website or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, Moon Boots User Agreement (if you are a registered user), our Privacy Policy, and our Community Guidelines constitute the sole and entire agreement between you and Digital Molecule, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. If you have any questions or would like to request additional information, you may  contact us at admin@moonbootsapp.com.

Assignment and Delegation. The Company may assign its rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without the Company’s advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this section is void.

Notices

Sending Notice to the Company. You may send notice to the Company by email at admin@moonbootsapp.com unless a specific email address is set out for giving notice.  The Company will consider an email notice received by the Company only when its server sends a return message to you acknowledging receipt. The Company may change its contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for sending notice to the Company.

Sending Notice to You—Electronic Notice. You consent to receiving any notice from the Company in electronic form either (1) by email to the last known email address the Company has for you or (2) by posting the notice on a place on the Website chosen for this purpose. The Company will consider notices sent to you by email received when its email service shows transmission to your email address. You state that any email address you gave the Company for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive.

Force Majeure. The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; (f) hacking, SPAM, or any failure of a computer, server, network, or software; (g) pandemic and (h) government rule or regulation preventing performance.

No Third-Party Beneficiaries. This agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.

Relationship of the Parties. This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.

Successors and Assigns. This agreement inures to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign rights or delegate obligations under this agreement. 

Electronic Communications Not Private. The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless of whether they are intended recipients.

Electronic Signatures. Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your finger, mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

Feedback. The Company encourage you to provide feedback about the Website. But the Company will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict its right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.

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