IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS + DETAILED IN SECTION 13 BELOW +
++
+ 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.
+
+
+ Acceptance of Terms of Use
+
+ 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.
+
+ 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.
+
+ 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.
+
+ 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.
+
+ Eligibility
+
+ 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.
+
+ Registration
+
+ 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.
+
+
+ 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.
+
+
+ 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.
+
+ 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.
+
+
Content
++ Definition + +
+ 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). + +
+ User Content + +
+ 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. +
+ Notices and Restrictions + + +
+ 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. + +
+ User License + +
+ 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. + + +
+ License Grant + +
+ 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. + +
+ Availability of Content +
+ 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. + +
+
Rules of Conduct
++ 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). + +
+ 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: + + +
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); + + +
2. uses the Services for any unauthorized purpose, or in violation of any applicable law, + including + intellectual property laws; + +
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; + +
4. you know is false, misleading, untruthful or inaccurate, including, but not limited to, + providing + inaccurate contact or Account information; + +
5. illicitly manufactures Extra Lives or other benefits by providing inaccurate information, + buying + or selling such benefits, creating multiple accounts, or other means; + +
+ 6. results in the creation or operation of multiple user accounts; + +
+ 7. creates multiple entries into Contests, by any means, including multi-accounting; + +
+ 8. logs an Account into multiple devices simultaneously; + +
9. logs an Account into more than five different devices over the course of the history of the + Account; +
10. logs multiple Accounts into a single device over the course of the history of any of the + Accounts; + +
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; + +
12. results in the sale or transfer of your Account; + + +
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; + + +
14. constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming"); + +
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; + +
16. is designed or intended to obtain password, Account, or private information from any Rainbow + Drift + user; + +
17. impersonates any person or entity, including any of our employees, representatives, or users; + +
18. promotes or links to affiliate programs, multi-level marketing schemes, sites repurposing + existing + stories or off-topic content; or + + +
19. includes anyone’s identification documents or sensitive financial information. + +
+
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. + +
+ 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. + +
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. + + +
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. + +
+ Third-Party Services +
+ 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. + +
+ Location-Based Services +
+ 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. + +
+ In-App Purchases +
+ 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://www.apple.com/legal/internet-services/itunes/us/terms.html;) We are not a party to any In App + Purchase. +
+ Termination +
+ 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. + +
+ Warranty Disclaimer +
+ We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to + take + any action regarding: + +
+ 1. which users gain access to the Services; +
2. what Content you access via the Services; or +
3. how you may interpret or use the Content. +
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. + + +
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. + +
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. +
+ Indemnification +
+ 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. + +
+ Limitation of Liability +
+ 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. + +
+ ARBITRATION CLAUSE & CLASS ACTION WAIVER–IMPORTANT–PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS +
+ 13.1. Binding Arbitration +
+ 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. + +
+ 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. + +
+ 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. + +
+ 13.2 Location +
+ 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. +
+ 13.3 Class Action Waiver +
+ 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. + +
+ 13.4 Exception–Litigation of Intellectual Property and Small Claims Court Claims +
+ 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. + +
+ 13.5 30-Day Right to Opt Out +
+ 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. +
+ 13.6 Changes to this Section +
+ 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. +
+ 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. + +
+ 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. + +
+ Governing Law and Jurisdiction +
+ 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. + +
+ Modification +
+ 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. + +
+ DMCA Copyright Policy +
+ 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. + +
+ 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: + +
+ 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; + +
+ 2. Identification of works or materials being infringed; + +
+ 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; + +
+ 4. Contact information about the notifier including address, telephone number and, if available, email + address; + +
+ 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 + +
+ 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. + +
+ 7. Please contact the Designated Agent to Receive Notification of Claimed Infringement for the Company at +
+ + Edward.Russavage@wolfgreenfield.com or at: +
+ + Edward J. Russavage +
+ + Wolf, Greenfield & Sacks, P.C. +
+ + 405 Lexington Avenue +
+ + New York, NY 10174 +
+ + Phone: (617) 646-8000 + +
+
+ + Apple Device and Application Terms: +
+ 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:
+ + 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; + +
+ 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; + +
+ You will only use the Application in connection with an Apple device that you own or control; + +
+ You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support + services with respect to the Application; +
+ 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; + +
+ 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; + +
+ 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; + +
+ 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; + +
+ 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 + +
+ 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. + +
+ Miscellaneous +
+ Entire Agreement and Severability +
+ 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 + + +
+ Force Majeure + 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. + +
+ Assignment +
+ 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. +
+ Agency +
+ 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. + +
+ Notices +
+ 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 legal@hy.pe. + +
+ No Waiver +
+ 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. + +
+ Headings +
+ The section and paragraph headings in these Terms of Use are for convenience only and shall not affect + their interpretation. + +
+ Relationships +
+ The App is not sponsored, endorsed, administered by, or associated with Apple or its subsidiaries or + affiliates. + +
+ Contact +
+ You may contact us at the following address: Moosepark Studios, Inc., 236 Kingfisher Ave, Alameda, CA + 94501. +
+ + Effective Date of Terms of Use: September 30, 2018 +
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