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<!DOCTYPE html>
<html lang="en">
<head>
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<meta name="description" content="">
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<title>Terms of Use</title>
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<div class="intro-text">
<div class="intro-heading text-uppercase">Terms of Service</div>
</div>
</div>
</header>
<div id="main">
<h5>IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS
DETAILED IN SECTION 13 BELOW
</h5>
</br><br>
<p>
Please read these Terms of Use (collectively with the Moosepark Studios Privacy Policy, the "Terms of Use")
fully and carefully before using the Rainbow Drift application (the “App”) and the services, features,
content or applications offered by Moosepark Studios, Inc. in connection with the App (“Company,” “we”,
“us” or “our”) (together with the App, the “Services”). These Terms of Use set forth the legally binding
terms and conditions for your use of the App and the Services.
</br><br>
<b>Acceptance of Terms of Use</b>
</br><br>
By signing up for, installing and/or using the App in any manner, you agree to these Terms of Use and all
other operating rules, policies and procedures that may be published from time to time through the App by
us, each of which is incorporated by reference and each of which may be updated from time to time without
notice to you.
<br></br>
Certain of the Services may be subject to additional terms and conditions specified by us from time to
time; your use of such Services is subject to those additional terms and conditions, which are incorporated
into these Terms of Use by this reference.
<br></br>
These Terms of Use apply to all users of the Services, including, without limitation, users who are
contributors of content, information, and other materials or services, registered or otherwise.
<br></br>
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE
ARBITRATION SECTION BELOW (SECTION 13), YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY
BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR
CLASS-WIDE ARBITRATION.
<br></br>
<b>Eligibility</b>
<br></br>
You represent and warrant that you are an individual person at least 18 years of age. If you
are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our
sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria
at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all
laws, rules and regulations applicable to you and the right to access the Services is revoked where these
Terms of Use or use of the Services is prohibited or to the extent offering, sale or provision of the
Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for
your use, and not for the use or benefit of any third party. You are not eligible for our Contests if you
violate any provision of these Terms of Use or the Rainbow Drift Contest Official Rules, as determined in
Moosepark Studio’s sole discretion.
<br></br>
<b>Registration</b>
<br></br>
To sign up for the Services, we may require you to register for an Account on the Services
(an "Account") or log in via Facebook Connect, Twitter or another authentication mechanism (a “Third Party
Account”). You must provide accurate and complete information and keep your Account information updated. If
you provide any information that is inaccurate, not current or incomplete, or Company has reasonable
grounds to suspect that such information is inaccurate, not current or incomplete, Company may deny you
access to Contests, areas requiring registration, disqualify you from Contests, revoke Prizes, and/or
terminate your Account, at its sole discretion.
<br></br>
You shall not: (i) select or use as a username a name of another person with the intent to impersonate that
person; (ii) use as a username a name subject to any rights of a person other than you without appropriate
authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are
solely responsible for the activity that occurs on your Account, and for keeping your Account password and
login credentials secure. You may never use another person’s user Account or registration information for
the Services without permission. You must notify us immediately of any change in your eligibility to use
the Services (including any changes to or revocation of any licenses from state authorities), breach of
security or unauthorized use of your Account. You should never publish, distribute or post login
information for your Account. You shall have the ability to delete your Account, either directly or through
a request made to one of our employees or affiliates.
<br></br>
You may establish, maintain, use and control only one Account on the Service. Each Account on the Service
may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not
"co-own" accounts on the Service. In the event Company determines that you have opened, maintained, used or
controlled more than one Account, in addition to any other rights that Company may have, Company reserves
the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the
awarding of any Prizes.
<br></br>
Each year all winners over the previous year may be required to provide updated address and social security
(or other tax identification number) details to Company. These details will be used to allow Company to
comply with tax regulations and may be shared with appropriate tax authorities. You, not Company, are
responsible for filing and paying applicable state and federal taxes on any winnings. Company does not
provide tax advice, nor should any statements in this Agreement or on the Service be construed as tax
advice.
<br></br>
<h4><b>Content</b></h4>
<br></br>
<b>Definition</b>
<br></br>
For purposes of these Terms of Use, the term "Content" includes, without limitation, information, data,
text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and
interactive features generated, provided, or otherwise made accessible on or through the Services. For the
purposes of this Agreement, “Content” also includes all User Content (as defined below).
<br></br>
<b>User Content</b>
<br></br>
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users
(collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility
of the person who originated such User Content. You represent that all User Content provided by you is
accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You
retain ownership of any and all User Content created and/or uploaded by you. You acknowledge that all
Content, including User Content, accessed by you using the Services is at your own risk and you will be
solely responsible for any damage or loss to you or any other party resulting therefrom. We do not
guarantee that any Content you access on or through the Services is or will continue to be accurate.
<br></br>
<b>Notices and Restrictions</b>
<br></br>
The Services may contain Content specifically provided by us, our partners or our users and such Content is
protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and
laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any
Content accessed through the Services.
<br></br>
<b>User License</b>
<br></br>
Subject to these Terms of Use, we grant each user of the Services a worldwide, non-exclusive,
non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content
solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any
Content (other than your User Content) for other than purposes of using the Services is expressly
prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or
exploit any Content (other than your User Content) for commercial use or in any way that violates any third
party right.
<br></br>
<b>License Grant</b>
<br></br>
By submitting User Content through the Services, you hereby do and shall grant us a worldwide,
non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit,
modify, manipulate, truncate, aggregate, reproduce, distribute, prepare derivative works of, display,
perform, and otherwise fully exploit the User Content in connection with the App, the Services and our (and
our successors’ and assigns’) businesses, including without limitation for promoting and redistributing
part or all of the App or the Services (and derivative works thereof) in any media formats and through any
media channels (including, without limitation, third party websites and feeds), and including after your
termination of your Account or the Services. For the sake of clarity, to the extent any User Content you
submit includes your name, likeness, voice, video, or photograph, you acknowledge and agree that the
foregoing license of this Section 4(e) shall apply to the same. You also hereby do and shall grant each
user of the App and/or the Services a non-exclusive, perpetual license to access your User Content through
the App and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of,
display and perform such User Content, including after your termination of your Account or the Services.
For clarity, the foregoing license granted to us and our users does not affect your other ownership or
license rights in your User Content, including the right to grant additional licenses to your User Content,
unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such
licenses to us without infringement or violation of any third party rights, including without limitation,
any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual
property or proprietary rights.
<br></br>
<b>Availability of Content</b>
<br></br>
We do not guarantee that any Content will be made available on the App or through the Services. We reserve
the right to, but do not have any obligation to, (i) remove, edit or modify or otherwise manipulate any
Content in our sole discretion, at any time, without notice to you and for any reason (including, but not
limited to, upon receipt of claims or allegations from third parties or authorities relating to such
Content or if we are concerned that you may have violated these Terms of Use), or for no reason at all and
(ii) to remove or block any Content from the Services.
<br></br>
<h5><b>Rules of Conduct</b></h5>
<br></br>
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these
Terms of Use. You are responsible for all of your activity in connection with the Services. Violation of
our rules may result in the termination and cancellation of your Account and forfeiture of your winnings.
You acknowledge and agree that we may terminate any Rainbow Drift Account at any time for any reason
(including, but not limited to, our independent assessment or the receipt of claims or allegations from
third parties or authorities).
<br></br>
<b>By way of example, and not as a limitation, you shall not (and shall not permit any third party to)
either
(a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate
distribution of any Content on or through the Service, including without limitation any User Content,
that:</b>
<br></br> 1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of
any other person or entity or violates any law or contractual duty, including but not limited to,
facilitating the rebroadcast of the Rainbow Drift Services (see our DMCA Copyright Policy in Section 14
below);
<br></br>2. uses the Services for any unauthorized purpose, or in violation of any applicable law,
including
intellectual property laws;
<br></br>3. uses screen reader technology, algorithms, or any other automated technological means to
interpret, analyze, research, or gain information about a question or submit an answer to a question;
<br></br>4. you know is false, misleading, untruthful or inaccurate, including, but not limited to,
providing
inaccurate contact or Account information;
<br></br>5. illicitly manufactures Extra Lives or other benefits by providing inaccurate information,
buying
or selling such benefits, creating multiple accounts, or other means;
<br></br>
6. results in the creation or operation of multiple user accounts;
<br></br>
7. creates multiple entries into Contests, by any means, including multi-accounting;
<br></br>
8. logs an Account into multiple devices simultaneously;
<br></br>9. logs an Account into more than five different devices over the course of the history of the
Account;
<br></br>10. logs multiple Accounts into a single device over the course of the history of any of the
Accounts;
<br></br>11. enters you into a contest for which you are not eligible, whether by multi-accounting,
providing
misleading information, masking or altering your IP address, or other means;
<br></br>12. results in the sale or transfer of your Account;
<br></br>13. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or
depicts nudity, contains or depicts sexual activity, otherwise violates any law or right of any third
party, or is otherwise inappropriate as determined by us in our sole discretion;
<br></br>14. constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming");
<br></br>15. contains software viruses or any other computer codes, files, content, or programs that are
designed or intended to disrupt, damage, limit or interfere with the proper function of any software,
hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data,
password or other information of ours or of any third party;
<br></br>16. is designed or intended to obtain password, Account, or private information from any Rainbow
Drift
user;
<br></br>17. impersonates any person or entity, including any of our employees, representatives, or users;
<br></br>18. promotes or links to affiliate programs, multi-level marketing schemes, sites repurposing
existing
stories or off-topic content; or
<br></br>19. includes anyone’s identification documents or sensitive financial information.
<br></br>
<br></br>You shall not: (i) take any action that imposes or may impose (as determined by us in our sole
discretion) an unreasonable or disproportionately large load on our (or our third party providers’)
infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any
activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any
measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or
networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use
manual or automated software, devices, or other processes to “crawl” or “spider” any page of the App
without our express written permission; (vi) harvest or scrape any Content from the Services; or (vii)
otherwise take any action in violation of our guidelines and policies.
<br></br>
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise
attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including
without limitation any application), except to the limited extent applicable laws specifically prohibit
such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services,
or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
You shall abide by all applicable local, state, national and international laws and regulations.
<br></br> We also reserve the right to access, read, preserve, and disclose any information as we
reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or
governmental request, (ii) enforce these Terms of Use, including investigation of potential violations
hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to
user support requests, or (v) protect the rights, property or safety of us, our users and the public.
<br></br>If for any reason the Service is not running as originally planned (e.g., if it becomes corrupted
or does not allow the proper usage and processing of entries in accordance with the rules, or if infection
by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical
failures, or any other causes of any kind, in the sole opinion of Company corrupts or affects the
administration, security, fairness, integrity or proper conduct of the Service), Company reserves the
right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or
to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible
entries. If such cancellation, termination, modification or suspension occurs, notification may be posted
on the Site.
<br></br>
<b>Third-Party Services</b>
<br></br>
The Services may permit you to link to or otherwise access other websites, services or resources on your
device and the Internet, and other websites, services or resources may contain links to or be accessed by
the Services or the App (including, without limitation, sites and services to synchronize video to music).
These other resources are not under our control, and you acknowledge that we are not responsible or liable
for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or
resources. The inclusion of any such link or access does not imply our endorsement or any association
between us and their operators. You further acknowledge and agree that we shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection
with the use of or reliance on any such content, goods or services available on or through any such website
or resource.
<br></br>
<b>Location-Based Services</b>
<br></br>
We may offer features that are based on the location of users and which may report on the locations of
those users as they use the Services (the "Location-Based Services"). You may partake in using these
Location-Based Services solely at your own discretion, and may opt out of providing such information by
turning off those features. Should you use Location-Based Services, you are consenting to our collection
and dissemination of your location information through the Services. Under no circumstances shall we be
liable for claims or damages therefrom arising out of your informed decision to disseminate your location
information through the Service.
<br></br>
<b>In-App Purchases</b>
<br></br>
Through the Applications, you may purchase ("In App Purchase") certain goods designed to enhance the
performance of the Services (“Goods”). When you purchase Goods, you are doing so through the Apple iTunes
service and you are agreeing to their Terms and Conditions.
(http:https://www.apple.com/legal/internet-services/itunes/us/terms.html;) We are not a party to any In App
Purchase.
<br></br>
<b>Termination</b>
<br></br>
We may terminate your access to all or any part of the Services at any time, with or without cause, with or
without notice, effective immediately, which may result in the forfeiture and destruction of all
information associated with your use of the Services. If you wish to terminate your Account, you may do so
by removing the App from your device and following the instructions on the App or through the Services. All
provisions of these Terms of Use which by their nature should survive termination shall survive
termination, including, without limitation, licenses of User Content, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
<br></br>
<b>Warranty Disclaimer</b>
<br></br>
<b>We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to
take
any action regarding:</b>
<br></br>
1. which users gain access to the Services;
<br></br>2. what Content you access via the Services; or
<br></br>3. how you may interpret or use the Content.
<br></br>You release us from all liability for you having acquired or not acquired Content through the
Services. We make no representations concerning any Content contained in or accessed through the Services,
and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or
Content contained in or accessed through the Services.
<br></br> The views and opinions of our hosts are their own and not necessarily representative of the views
and opinions of the Company or its employees, and the Company assumes no responsibility for the Content,
accuracy, or views of or opinions expressed by such hosts.
<br></br>THE SERVICES AND CONTENT ARE PROVIDED "AS IS", “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF
PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES,
AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY
CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT
YOUR OWN RISK.
<br></br>
<b>Indemnification</b>
<br></br>
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective
employees, contractors, directors, suppliers and representatives from all liabilities, claims, and
expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or
access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Use, or
infringement by you, or any third party using your Account or identity in the Services, of any intellectual
property or other right of any person or entity. We reserve the right to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will assist and
cooperate with us in asserting any available defenses.
<br></br>
<b>Limitation of Liability</b>
<br></br>
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE
LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH
RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE
SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF
(A) THE VALUE OF THE PRIZES YOU HAVE WON DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B)
$50.00.
<br></br>
<b>ARBITRATION CLAUSE & CLASS ACTION WAIVER–IMPORTANT–PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS</b>
<br></br>
<b>13.1. Binding Arbitration</b>
<br></br>
Either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set
forth below. Specifically, all claims arising out of or relating to these Terms (including their formation,
performance and breach), the parties’ relationship with each other and/or your use of the Service shall be
finally settled by binding arbitration administered by the JAMS in accordance with the provisions of its
Streamlined Arbitration Rules & Procedures, excluding any rules or procedures governing or permitting class
actions.
<br></br>
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to
resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or
formation of these Terms, including, but not limited to any claim that all or any part of these Terms are
void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant
whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be
written, and binding on the parties and may be entered as a judgment in any court of competent
jurisdiction.
<br></br>
The Commercial Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling
1.800.352.5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit,
Company will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Company
will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not
exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The
parties understand that, absent this mandatory provision, they would have the right to sue in court and
have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed
the costs of litigation and the right to discovery may be more limited in arbitration than in court.
<br></br>
<b>13.2 Location</b>
<br></br>
If you are a resident of the United States, arbitration will take place at any reasonable location within
the United States convenient for you. For residents in Canada, arbitration shall be initiated in the County
of New York, State of New York, United States of America, and you and Company agree to submit to the
personal jurisdiction of any federal or state court in New York County, New York, in order to compel
arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on
the award entered by the arbitrator.
<br></br>
<b>13.3 Class Action Waiver</b>
<br></br>
The parties further agree that any arbitration shall be conducted in their individual capacities only and
not as a class action or other representative action, and the parties expressly waive their right to file a
class action or seek relief on a class basis. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set
forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a
class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety
and the parties shall be deemed to have not agreed to arbitrate disputes.
<br></br>
<b>13.4 Exception–Litigation of Intellectual Property and Small Claims Court Claims</b>
<br></br>
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring
an action in state or federal court to protect its intellectual property rights ("intellectual property
rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or
publicity rights). Either party may also seek relief in a small claims court for disputes or claims within
the scope of that court’s jurisdiction.
<br></br>
<b>13.5 30-Day Right to Opt Out</b>
<br></br>
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set
forth above by sending written notice of your decision to opt out to the following address: Moosepark
Studios, Inc., 236 Kingfisher Ave, Alameda, California 10012. The notice must be sent within 30 days of
04/20/2018 or your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate
disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions,
Company also will not be bound by them.
<br></br>
<b> 13.6 Changes to this Section</b>
<br></br>
Company will provide 60-days’ notice of any changes to this section. Changes will become effective on the
60th day, and will apply prospectively only to any claims arising after the 60th day.
<br></br>
For any dispute not subject to arbitration you and Company agree to submit to the personal and exclusive
jurisdiction of and venue in the federal and state courts located in Alameda, CA. You further agree to
accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise
available.
<br></br>
The Terms and the relationship between you and Company shall be governed by the laws of the State of New
York without regard to conflict of law provisions.
<br></br>
<b>Governing Law and Jurisdiction</b>
<br></br>
These Terms of Use shall be governed by and construed in accordance with the laws of the State of
California, including its conflicts of law rules, and the United States of America. You agree that any
dispute arising from or relating to the subject matter of these Terms of Use shall be governed by the
exclusive jurisdiction and venue of the state and Federal courts of Alameda County, California.
<br></br>
<b>Modification</b>
<br></br>
Except with regarding to Section 13, we reserve the right, in our sole discretion, to modify or replace any
of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the
availability of any feature, database, or content) at any time by posting a notice on the App or by sending
you notice through the Services, via email or by another appropriate means of electronic communication. We
may also impose limits on certain features and services or restrict your access to parts or all of the
Services without notice or liability. While we will timely provide notice of modifications, it is also your
responsibility to check these Terms of Use periodically for changes. Your continued use of the Services
following notification of any changes to these Terms of Use constitutes acceptance of those changes, which
will apply to your continued use of the Services going forward. Your use of the Services is subject to the
Terms of Use in effect at the time of such use.
<br></br>
<b>DMCA Copyright Policy</b>
<br></br>
The Company has adopted the following general policy toward copyright infringement in accordance with the
Digital Millennium Copyright Act. The address of the Designated Agent to Receive Notification of Claimed
Infringement ("Designated Agent") is listed at the end of this policy.
<br></br>
Procedure for Reporting Copyright Infringement. If you believe that material or content residing on or
accessible through the Services infringes a copyright, please send a notice of copyright infringement
containing the following information to the Designated Agent listed below:
<br></br>
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright
that has been allegedly infringed;
<br></br>
2. Identification of works or materials being infringed;
<br></br>
3. Identification of the material that is claimed to be infringing including information regarding the
location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail
so that Company is capable of finding and verifying its existence;
<br></br>
4. Contact information about the notifier including address, telephone number and, if available, email
address;
<br></br>
5. A statement that the notifier has a good faith belief that the material is not authorized by the
copyright
owner, its agent, or the law; and
<br></br>
6. A statement made under penalty of perjury that the information provided is accurate and the notifying
party
is authorized to make the complaint on behalf of the copyright owner.
<br></br>
7. Please contact the Designated Agent to Receive Notification of Claimed Infringement for the Company at
<br></br>
[email protected] or at:
<br></br>
Edward J. Russavage
<br></br>
Wolf, Greenfield & Sacks, P.C.
<br></br>
405 Lexington Avenue
<br></br>
New York, NY 10174
<br></br>
Phone: (617) 646-8000
<br></br>
<br></br>
<b>Apple Device and Application Terms:</b>
<br></br>
In the event you are accessing the Services via an application on a
device provided by Apple, Inc. ("Apple") or an application obtained through the Apple App Store (in either
case, an “Application”), the following shall apply:<br></br>
Both you and the Company acknowledge that these Terms of Use are concluded between you and the Company
only, and not with Apple, and that Apple is not responsible for the Application or the Content;
<br></br>
The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis,
solely to be used in connection with the Services for your private, personal, non-commercial use, subject
to all the terms and conditions of these Terms of Use as they are applicable to the Services;
<br></br>
You will only use the Application in connection with an Apple device that you own or control;
<br></br>
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support
services with respect to the Application;
<br></br>
In the event of any failure of the Application to conform to any applicable warranty, including those
implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation
to you will be to refund to you the purchase price, if any, of the Application;
<br></br>
You acknowledge and agree that the Company, and not Apple, is responsible for addressing any claims you or
any third party may have in relation to the Application;
<br></br>
You acknowledge and agree that, in the event of any third party claim that the Application or your
possession and use of the Application infringes that third party’s intellectual property rights, the
Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any
such infringement claim;
<br></br>
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or
that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not
listed on any U.S. Government list of prohibited or restricted parties;
<br></br>
Both you and the Company acknowledge and agree that, in your use of the Application, you will comply with
any applicable third party terms of Agreement which may affect or be affected by such use; and
<br></br>
Both you and the Company acknowledge and agree that Apple and Apple’s subsidiaries are third party
beneficiaries of these terms, and that upon your acceptance of these terms, Apple will have the right (and
will be deemed to have accepted the right) to enforce these terms against you as the third-party
beneficiary hereof.
<br></br>
<b>Miscellaneous</b>
<br></br>
<b>Entire Agreement and Severability</b>
<br></br>
These Terms of Use are the entire Agreement between you and us with respect to the Services, including use
of the App, and supersede all prior or contemporaneous communications and proposals (whether oral, written
or electronic) between you and us with respect to the Services. If any provision of these Terms of Use is
found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent
necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The
failure of either party to exercise in any respect any right provided for herein shall not be deemed a
waiver of any further rights hereunder
<br></br>
<b>Force Majeure</b>
We shall not be liable for any failure to perform our obligations hereunder where such failure results from
any cause beyond our reasonable control, including, without limitation, mechanical, electronic or
communications failure or degradation.
<br></br>
<b>Assignment</b>
<br></br>
These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except
with our prior written consent. We may assign, transfer or delegate any of our rights and obligations
hereunder without consent.
<br></br>
<b>Agency</b>
<br></br>
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of
Use and neither party has any authority of any kind to bind the other in any respect.
<br></br>
<b>Notices</b>
<br></br>
Unless otherwise specified in these Term of Service, all notices under these Terms of Use will be in
writing and will be deemed to have been duly given when received, if personally delivered or sent by
certified or registered mail, return receipt requested; when receipt is electronically confirmed, if
transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized
overnight delivery service. Electronic notices should be sent to [email protected].
<br></br>
<b>No Waiver</b>
<br></br>
Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later
enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does
not mean that we will waive compliance in the future. In order for any waiver of compliance with these
Terms of Use to be binding, we must provide you with written notice of such waiver through one of our
authorized representatives.
<br></br>
<b>Headings</b>
<br></br>
The section and paragraph headings in these Terms of Use are for convenience only and shall not affect
their interpretation.
<br></br>
<b>Relationships</b>
<br></br>
The App is not sponsored, endorsed, administered by, or associated with Apple or its subsidiaries or
affiliates.
<br></br>
<b>Contact</b>
<br></br>
You may contact us at the following address: Moosepark Studios, Inc., 236 Kingfisher Ave, Alameda, CA
94501.
<br></br>
Effective Date of Terms of Use: September 30, 2018
<br></br>
GDSVF&H\2855710.4
<br></br>
<br></br>
<br></br>
<br></br>
<br></br>
<br></br>
<br></br>
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