1. Acceptance of Terms
2. Permitted Use
3. Registration, Accounts and Passwords
You agree to (1) provide true, accurate, current and complete data about yourself on the Moonrise registration forms ("Registration Data") and (2) promptly update the Registration Data to keep it true, accurate, current and complete. If you fail to do any of these things, Moonrise will have the right to suspend or terminate your use of the Site and/or terminate your account. You will create, or later receive, a password and account when you complete the registration form. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. You agree to (a) immediately notify Moonrise of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account each time you use the Site.
(a) No Refunds or Exchanges
Moonrise is not required to offer refunds or exchanges of items purchased though the Moonrise service.
You will be responsible for paying all applicable taxes in connection with your purchase of any items if you are purchasing out of the State of California.
6. User Conduct
You agree that you will not collect information about third parties via the Site or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation. You agree that you will not engage in the systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory, without Moonrise's prior written consent.
8. Proprietary Rights
Moonrise own all right, title and interest in and to the Site and all materials and content contained in the Site, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials provided as part of the Site is strictly prohibited.
9. DISCLAIMER OF WARRANTIES
MOONRISE PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOONRISE, ITS AFFILIATES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MOONRISE DOES NOT WARRANT THAT THE SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR RISK.
10. EXCLUSION OF DAMAGES
MOONRISE, AND ITS SUBSIDIARIES AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF MOONRISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, MOONRISE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR FAILURE TO COMPLY WITH SECTION 3 (REGISTRATION, ACCOUNTS AND PASSWORDS).
11. LIMITATION ON LIABILITY
12. APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, MOONRISE'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH IN SECTION 9 MAY NOT APPLY TO YOU.
In its sole and absolute discretion, with or without notice to you, Moonrise may (1) suspend or terminate your use of the Site, or (2) terminate your account. You may terminate your account for any reason by emailing Moonrise at
email@example.com. Moonrise shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Site.