New Moon Organizing Terms of Service
THIS TERMS OF WEBSITE AGREEMENT (“AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (“YOU,” “YOUR” OR “YOURSELF”) AND New Moon Organizing (“OUR,” “US,” “WE” OR “NEW MOON ORGANIZING), WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED WEBSITE [WWW.NEWMOONORGANIZING.CA] TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SAME BY US AND/OR THIRD PARTIES (COLLECTIVELY, “THE WEBSITE”). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE WEBSITE. BY REGISTERING FOR, USING OR OTHERWISE ACCESSING THE WEBSITE, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. IF, FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE ANY REGISTRATION PROCESS AND DO NOT ACCESS OR USE THE WEBSITE IN ANY MANNER.
1. ACCESS TO THE WEBSITE
Subject to certain limitations as described herein, you are granted the right to access our text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) under certain terms and conditions as set forth in this Agreement. In order to use the Website, you must obtain access to the Internet and pay any fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to access the Content. Certain areas and functions of the Website may require registration, while other areas and functions do not.
3. WEBSITE OPERATION
NEW MOON ORGANIZING will make reasonable efforts to keep the Website operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of NEW MOON ORGANIZING may, from time to time, result in temporary Website interruptions. NEW MOON ORGANIZING also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Website with or without notice. You agree that NEW MOON ORGANIZING shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Website.
4. ABILITY TO ACCEPT TERMS OF WEBSITE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website. There are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.
5. USER RESTRICTIONS
(a) By using the Website, you acknowledge and agree that you have no right to provide any files obtained through the Website to any other party or through any other means. You agree that you will not duplicate or otherwise reproduce the Content, or any portion thereof, onto any physical medium, memory or device now known or hereinafter devised. In addition, you agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any Content protection methods.
(b) You may not use or allow others to use the Website, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Website, that: (1) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (2) violates any law or regulation or the rights of others; (3) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Website; and/or (4) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your use of the Website. You also may not use, nor allow others to use the Website, directly or indirectly, to: (x) attempt to or actually disrupt, impair or interfere with, alter or modify the Website or any information, data or materials posted and/or displayed by us or anyone else; (y) act in a way that affects or reflects negatively on us, the Website, or anyone else; (z) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party’s prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Website.
(c) You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (1) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of the Website or to breach security or authentication measures, regardless of your motives or intent; (3) attempting to interfere with or disrupt the Website or Website to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (4) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(d) You agree not to use the Website for any commercial uses unless you obtain NEW MOON ORGANIZING’s prior written approval. Such commercial uses include without limitation (1) the sale of access to the Website; and (2) the sale of advertising, sponsorships, or promotions placed on or within the Website or Content.
6. THIRD PARTY CONTENT PROVIDERS.
In some cases, NEW MOON ORGANIZING derives its rights to use the Content offered on the Website from third party content owners (“Content Providers”) for fixed periods of time. As well, NEW MOON ORGANIZING is sometimes required to pull certain Content off the Website for legal reasons. Therefore, certain Content offered or advertised by NEW MOON ORGANIZING may not be available when you try to access it, and not all Content is available in all countries or territories.
7. LINKS TO OTHER SITES
8. THIRD PARTY CONTENT POLICY (YOUTUBE, VIMEO, ETC.).
Please note that with regard to any content made available on or through the Website which contains or displays a third party logo (i.e. YouTube, Vimeo, etc.) or which is provided via a third party’s player and is hosted on a third party’s servers; NEW MOON ORGANIZING does not have the ability to permanently remove all or any such content from the third party’s servers. Therefore, if you have a complaint concerning any video content made available on the Website that is provided by a third party, you should contact the third party directly in accordance with copyright policies of the third party. If you believe that your work is available on the Website via a third party player in a way that constitutes copyright infringement, please: (1) contact the third party directly in accordance with its copyright policies; and (2) contact NEW MOON ORGANIZING by sending us a notice in accordance with the provisions of Section 10, below.
9. INTELLECTUAL PROPERTY RIGHTS
(a) The Content available through the Website is the property of NEW MOON ORGANIZING or its Content Providers and is protected by copyright and other intellectual property laws. Content received through the Website may be accessed for your personal, non-commercial use only.
(b) You acknowledge that NEW MOON ORGANIZING retains exclusive ownership of the Website and all intellectual property rights associated therewith. The Website contains proprietary and confidential information that is protected by copyright laws and international treaty provisions. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Website or the Content, and NEW MOON ORGANIZING reserves all rights not expressly granted hereunder.
You may not:
· Frame or mirror any part of the Website without our express prior written consent.
· Create a database by systematically downloading and storing all or any Content.
· Copy, reproduce, transfer or access (except as expressly authorized by this Agreement), re-license, reverse engineer, decompile, disassemble, translate, publish, transmit, distribute, display, broadcast, re-broadcast, redistribute, modify, create derivative works from, capture or store in any physical media, market, rent, sell, lease, sublicense, or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, the Website or any related software.
· Use any robot, spider, rover, scraper, offline readers, site search/retrieval applications or any other data mining technology or automatic or manual process, system or software to monitor, cache, frame, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or internet browser usage) or circumvent the navigational structure or presentation of the Website, without the express prior written consent of NEW MOON ORGANIZING.
· Bypass any measures NEW MOON ORGANIZING may use to prevent or restrict access to the Website.
(c) The NEW MOON ORGANIZING logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by NEW MOON ORGANIZING and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner
(d) You shall promptly notify NEW MOON ORGANIZING in writing upon your discovery of any unauthorized use or infringement of the Website or the Content or NEW MOON ORGANIZING’s patent, copyright, trade secret, trademarks or other intellectual property rights. Except as expressly provided for herein, any copy or use of any portion of the Website shall constitute an act of copyright infringement and a breach of this Agreement. Furthermore, NEW MOON ORGANIZING may in its sole discretion pursue any other available rights or remedies at law or in equity for a violation of this Agreement or such copyright infringement.
10. INTELLECTUAL PROPERTY
(a) We respect the intellectual property rights of others. If you believe that any of the Content on the Website violates your intellectual property rights (copyright, trademark, patent, trade dress, etc.), please send us a message at email@example.com listing the following information.
· Identification of the location on the Website of the Content claimed to have been infringed;
· Information reasonably available to permit us to contact you, such as an address, telephone number, and, if available, an email address;
· A statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the owner, its agent, or the law; and
· A statement that the information you are providing is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(a) NEW MOON ORGANIZING may terminate this Agreement, restrict, suspend or terminate your use of the Website immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us. Without limitation of any other provisions hereof regarding termination, we reserve the right to terminate your use of the Website, without cause, upon reasonable notice.
(b) You may terminate this Agreement by ceasing to use Website. Termination is your sole right and exclusive remedy if you are not satisfied with the Website.
(c) Termination of this Agreement shall not relieve you of any obligations to pay accrued charges, if applicable.
12. DISCLAIMER OF WARRANTIES
YOU AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE AND ACCESS TO THE WEBSITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NEW MOON ORGANIZING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF. NEW MOON ORGANIZING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES. NEW MOON ORGANIZING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES OR ANY HYPERLINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEW MOON ORGANIZING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR WEBSITES. AS WITH THE PURCHASE OF A PRODUCT OR WEBSITE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL NEW MOON ORGANIZING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT NEW MOON ORGANIZING SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold NEW MOON ORGANIZING harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (1) your breach of, or failure to comply with, the terms and conditions of this Agreement; and/or (2) your use of the Website. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
15. CHOICE OF LAW AND CONSENT TO JURISDICTION
The Website shall be deemed a passive website that does not give rise to personal jurisdiction over NEW MOON ORGANIZING, either specific or general, in jurisdictions other than British Columbia. This Agreement shall be governed by the internal substantive laws of the Province of British Columbia, without respect to its conflict of laws principles. Any claim or dispute between you and NEW MOON ORGANIZING that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Coquitlam, British Columbia. YOU AND NEW MOON ORGANIZING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. OBJECTIONABLE MATERIAL
You understand that by using the Website, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Website at your sole risk and that NEW MOON ORGANIZING shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content descriptions are provided for convenience, and you acknowledge and agree that NEW MOON ORGANIZING does not guarantee their accuracy.
17. INFORMATION PROVIDED
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Website is at your sole risk. NEW MOON ORGANIZING reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Website, or to deny access to the Website to anyone at any time. You acknowledge and agree that NEW MOON ORGANIZING is not responsible for any User Generated Content posted by users of the Website. Prior to making any decisions based on information posted on the Website, you are advised to verify the information. NEW MOON ORGANIZING shall not have any liability arising from your acts or decisions based upon the information provided on the Website.
18. NEW MOON ORGANIZING DISCLAIMERS & DISCLOSURES
(a) When it comes to buying products or services when using the internet, it is recommended that you always conduct your own investigations. This includes buying any products or services offered or sold as part of, or through, the Website.
(b) Unless we have stated otherwise, you should always assume that when products or services are made reference to, they are made because there exists a material connection between NEW MOON ORGANIZING and the providers of the products and services displayed. It should be noted that this is not always the case.
(c) NEW MOON ORGANIZING will always recommend products and services based in part on a good faith belief that the supply of such products or services will help you. We have a good faith belief, because we have either tried the products or services prior to making any recommendations, or we have researched the products or services based on the supplier’s history. The recommendations made by NEW MOON ORGANIZING about the products or services are honest opinions based on facts known to us at the time a product or service is mentioned on the Website.
(d) We have conducted all steps possible to verify the testimonials that appear on the Website on behalf of NEW MOON ORGANIZING. They are treated as average user expectations based on the information that was available at the time of publishing them. They are not exaggerations of user results which we do not entertain in any form. Inquiries have been made to confirm their authenticity at all times. If a claim sounds untrue then we regard this as such and do not publish this on the Website.
(e) Where extracts have been displayed from third party sources or content has been generated and posted by a third party source (i.e. Content Providers, Registered Users, User Generated Content, etc.), these are in no way indicative of any kind of verifiable result, opinion, recommendation or otherwise. You are strongly cautioned to conduct your own due diligence prior to relying on such sources.
(f) Our aim is to be 100% honest at all times. If however you find something displayed on the Website, which you do not agree with, then please contact us immediately at firstname.lastname@example.org and we will look into it. We reserve the right to withdraw the display of any product or service that does not reach our very high levels of satisfaction without any prior notice. Any honesty and integrity is important to us at all times.
19. OTHER IMPORTANT PROVISIONS
(a) Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 19.
(b) You shall not use the Website in any manner contrary to local, provicial or federal law. NEW MOON ORGANIZING expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your access to the Website immediately upon notice of your failure to comply with any such local, state or federal law.
(c) Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
(d) If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
(e) No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
(f) You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception.
(h) Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Website, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
(i) A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
20. CHANGES OR MODIFICATIONS
We reserve the right to add, delete, change or modify parts of this Agreement at our sole discretion and at any time without notice or liability to you. If we do this, we will post the changes to the Agreement on this page and will indicate the effective date of the Terms of Service at the bottom of the page. It is important for you to refer to this Agreement from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this Agreement. Your continued use of the Website constitutes your acceptance of the new Terms of Service.
Last update June 26, 2021
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