Terms & Conditions
Please read these Terms and Conditions (“Terms”) carefully before using the website located at moonlabproductions.com (the “Site”) operated by MoonLab Productions, LLC (“MoonLab,” “we,” “our,” or “us”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please discontinue use of the Site immediately. These Terms apply to all visitors and users of the Site.
Accessibility
MoonLab is committed to ensuring our Site is accessible to all users. If you encounter any trouble accessing these Terms of Use or the Site, please contact us at hello@moonlabproductions.com and we will work to assist you.
Permitted Use of the Site: This Site is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Site requires the prior written consent of MoonLab. By using the Site, you further represent and warrant that you (i) are at least 18 years of age, (ii) you have the legal capacity to enter into these Terms and agree to comply with them, and (iii) you will provide accurate and truthful information in any form submissions.
Unauthorized Use of Website: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user’s use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Website within another Website. You may not resell use of, or access to, the Website to any third party without our prior written consent.
Proprietary Rights: MoonLab is the owner of or otherwise licensed to use all parts of the Website, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized MoonLab to display the materials, such as certain third party licensors. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms of Use are reserved by MoonLab.
User Submissions and Contact Forms: We do not solicit or encourage you to submit any confidential, proprietary, or sensitive business information through the Site. By submitting ideas, suggestions, feedback, or creative concepts to us through the Site, you acknowledge that such submissions are non-confidential and that MoonLab is under no obligation to treat them as proprietary or to compensate you for them. Any submission you make through the Site is also subject to our Privacy Policy.
Third-Party Links: This Website may contain links to other Websites not maintained by us. Other Websites may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms of use and privacy statements of each and every Website that you visit. We are not responsible for the practices or the content of such other Websites.
Warranties: THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOONLAB PRODUCTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR ITS CONTENT, EVEN IF MOONLAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL MOONLAB’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OF THE SITE EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
Indemnification: You agree to indemnify, defend and hold harmless MoonLab, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (i) your use of the Website, (ii) any breach by you of any of these Terms of Use or (iii) any violation of applicable law.
California Consumer Privacy Act (CCPA): If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). To exercise any of these rights, please contact us at legal@moonlabproductions.com or through our Privacy Policy page. We will respond to verified requests within the timeframes required by applicable law.
Governing Law; Dispute Resolution; Arbitration: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction in those courts.
Before filing any formal dispute, you agree to contact us at legal@moonlabproductions.com and attempt to resolve the matter informally. We will make reasonable efforts to resolve the dispute within 30 days of receiving notice.
If a dispute cannot be resolved informally, you and MoonLab agree that any unresolved dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall be settled by binding arbitration administered by JAMS (or a mutually agreed arbitration provider) in Los Angeles, California, under its Streamlined Arbitration Rules. The arbitrator’s decision will be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened misuse of intellectual property or confidential information.
Waiver of Class Action: To the fullest extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. If any court or arbitrator determines that this class action waiver is unenforceable, then the arbitration agreement shall be void and disputes shall be resolved in court.
Changes to These Terms: We reserve the right to modify these Terms at any time. When we make changes, we will update the Effective Date at the top of this page. If changes are material, we will take reasonable steps to provide notice (such as posting a notice on the Site or sending an email to newsletter subscribers). Your continued use of the Site after any changes constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, please stop using the Site.
Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Privacy Policy: Use of the Website is also governed by our Privacy Policy which is incorporated herein by reference.
Questions: Should you have any questions regarding these Terms of Use you may contact us at legal@moonlabproductions.com
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