Terms & Conditions
Last updated: April 14, 2022
Moonpark (referred to herein as “we,” “us,” or “moonpark”) is an inclusive platform made for connecting in person. These Terms & Conditions (“Terms & Conditions”) govern and regulate the use of the moonpark platform. We may update our policies at any time and additional terms may be added depending on your region. By continuing to use this platform, you consent to any updates to these Terms & Conditions, so we encourage you to review this document frequently and to remain informed about any changes. This version of Terms & Conditions supersedes all earlier versions, and comprises the entire agreement between you and moonpark regarding the use of the platform.
1. General Information
1.1 Terms of Service. These Terms & Conditions govern and regulate your (referred herein as “you”, “user”, “Explorer”, and/or “Guide”) access and use of the moonpark platform. By agreeing to these Terms & Conditions, you are entering a legally-binding contract with moonpark and indicate your unconditional agreement to these terms. You are also agreeing to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the moonpark platform in the United States or the country in which you reside.
1.2 Amendments to these Terms. Moonpark reserves the right to update our policies at any time and for any reason. Notifications on any amendment will be sent to your email, and by continuing our services, you are consenting to any amendments to these Terms & Conditions.
1.3 Services. Users are allowed to access our platform as a student (“Explorer”), a teacher (“Guide”), or a visitor with access to limited functionality. The moonpark platform provides a variety of resources for Guides to organize classes (“Class” or “Classes”), for Explorers to find Classes, and for users to connect with each other in-person and/or remotely.
2.1 Eligibility. The moonpark platform is available to all persons who are at least 18 years of age. By registering, you represent and warrant that you are at least 18 years of age. Additional eligibility requirements for a particular Class may be set by the Guide of the Class.
2.3 Termination. Moonpark reserves the right, in our sole and absolute discretion, to issue a warning, temporarily or permanently suspend your account, or remove content you have posted at any time for any reason. We also reserve the right to refuse any and all current or future use of all or any portion of the platform. By registering on moonpark, you understand that, under the provisions listed in our Terms & Conditions, termination to your account may be effected without prior notice and that we will not be liable to you or any third party for the termination of your account.
3.1 Class Fee. Class fees are determined at the sole discretion of each Guide, and the cost of Classes can vary widely. Some Guides may require or request additional fees to compensate for material costs, supplies, space rental, and other expenses. Guides have full discretion on whether and how to use funds in connection with their Class. Moonpark does not represent and cannot ensure that any Guide is legitimate and truthful, that they will use payments as promised, or that you will be satisfied with how your payment is spent.
3.2 Payment Processing. Moonpark uses Stripe for processing payments in lieu of directly processing a credit/debit card. Explorers can opt to pay with credit cards through Stripe’s credit card processing service and do not need a valid Stripe account, but Guides will need to link their bank account to Stripe in order to receive funds. By making payments through the moonpark platform, you consent to the Stripe Services Agreement – US (or Stripe Services Agreement – Australia) and agree that your activities are subject to additional processing fees (e.g., overdrawn accounts, exceeding account limits, etc.). Moonpark is not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms & Conditions. Full payment is required in order to register for a Class.
3.3 Payments to Guides. Moonpark charges Stripe processing fees, taxes, and platform fees for all classes listed, paid, and processed through the platform. Moonpark does not charge a fee for posting classes and using our platform until a class has been successfully booked. After the completion of each class, moonpark will credit the Guide’s payment account based on the “Total Schedule Payment” (inclusive of all material fees) listed below. All payments will be transferred directly into the Guide’s bank account. Guides must have a valid bank account linked to their moonpark account in order to receive payments. It is the Guide’s responsibility to ensure that the payments are correct and that their account can receive incoming payments.
Class Price = Class Fee + tax + moonpark service fee
Total Schedule Payment = Class Fee * Number of Explorers
Guides agree that moonpark retains the right to reduce the amount of payment to any Guide in the event that moonpark determines that a refund to an Explorer should be granted pursuant to the refund provisions set forth elsewhere in these Terms & Conditions.
You agree that moonpark, in its sole discretion at any time, retains the right to increase, decrease, or otherwise change the fee structure and the amount of fees collected and distributed by moonpark.
3.4 Cancellation by Guides. In the event that a Guide cannot host their class for any reason, it is their responsibility to cancel in a timely manner so Explorer can adjust their plans accordingly.
Moonpark reserves the right to suspend the account of any Guide who cancels 3 or more classes within a year and/or take down their class listings. Furthermore, any such Guide may have their calendar blocked so that they will not be able to schedule another class during the time that overlaps with any canceled class. Moonpark also reserves the right to collect a cancellation fee from any such Guide at moonpark’s sole discretion in the event the Guide cancels more than 3 classes at once.
3.5 Refunds. Both moonpark and Guides reserve the right to cancel or change any Class at any time and for any reason with notice sent to all registered Explorers. Classes must meet the established minimum size set by the Guide to move forward, and if the minimum is not met 48 hours in advance of the start time, the Class will be automatically canceled. In the event that a Class is canceled, either by the Guide or moonpark, all registered Explorers will be notified by email and a refund will be provided.
If an Explorer cancels a scheduled class within 48 hours of the start of that class, or fails to attend a scheduled class, that Explorer will be ineligible for any refund. However, a credit for a future Class may be given at moonpark’s sole discretion. If you need further assistance, contact moonpark at email@example.com.
3.6 Appearance Release. By agreeing to these Terms & Conditions, you grant moonpark the right to photograph and/or record you on photographs, audio tape, video tape, or any other digital recording medium for the promotion of the platform. You grant moonpark the perpetual right to utilize these materials in connection with moonpark’s publicity and promotional materials in any manner, and you understand that your participation in these materials may be edited at moonpark’s sole discretion. You further grant moonpark the right to reproduce these recordings and the right to use your name, likeness, or voice in connection with the publicity and promotion of moonpark. You agree that you will not assert or maintain against moonpark, its agents, employees, licensees, and assigns, any claims, action, suit, or demand of any kind or nature whatsoever, including but not limited to privacy, defamation, or other civil rights, for any reason in relation to your authorized use of your name, likeness, and voice in moonpark’s promotional materials. You certify and represent that you are over 18 years of age and that you have full power and authority to execute this agreement and to grant the rights stated herein.
4. Use of Platform
4.1 Control. You are entirely responsible for all the information that you post, upload, or otherwise make available on our platform. moonpark does not control nor endorse any information posted by you or other users on the platform, and does not guarantee the accuracy or quality of the information posted. By using our platform, you acknowledge that you may be exposed to information that may be offensive, indecent, or objectionable. You also agree that you will not hold moonpark, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries, or its third-party partners liable for the information posted by you or other users, or for any loss or damage incurred as a result of the information made available on our platform by you other users.
4.2 Grounds for Removal, Sanction and/or Suspension. You agree that moonpark has the right to remove, repeal, suspend, and/or terminate any account for any reason, and moonpark has no duty or obligation to provide any notice to any person before doing so, and moonpark has no duty or obligation to share with any user moonpark’s reason(s) for doing so. Moonpark further reserves the right to remove any post or other material without warning or notice.
The following types of actions are cause for immediate removal, repeal and/or suspension or termination of your account:
(a) The use of the moonpark platform to
(i) harm or intimidate another person in any way, including restricting or inhibiting any other user from using our platform;
(ii) impersonate any person or entity (including moonpark, moonpark staff and other members), or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;
(iii) disguise the origin of any public Information that is transmitted to any third party;
(iv) “stalk” or otherwise harass another;
(v) advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations unrelated to the topic or spirit of a Class;
(vi) resell public Information or access to public Information;
or (vii) collect or store personal data about other users;
(b) Posting any information or material:
(i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another’s privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any public Information or other material that may be considered hate speech;
(ii) that is obscene, pornographic or adult in nature;
(iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(iv) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;
(v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, “spam,” “junk mail,” and “chain letters”);
(vi) that is inappropriate, posted in bad faith, or contrary to the spirit of any class;
(vii) that suggests that you are using the moonpark platform as a lead generator or listing service for another website;
(c) Violation (intentional or unintentional) of these Terms & Conditions, or of any applicable local, state, national or international law, statute, ordinance or regulation;
(d) Encouraging others to violate these Terms & Conditions;
(e) Refusing to follow instructions of moonpark staff;
(f) Disclosing the information about any Guide or other user of a Class without the permission of that person; or
(g) Transmitting or attempting to transmit funds to moonpark or any Guide through financial accounts that are stolen, fraudulent or otherwise unauthorized.
The foregoing is a non-exclusive list of the types of actions that are cause for immediate removal, repeal and/or suspension or termination of your account, but moonpark reserves the right in its sole discretion to immediately remove, repeal, and/or suspend or terminate your account for any reason.
While moonpark prohibits abusive, illegal, and offensive conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the platform and attend moonpark Classes at your own risk.
For purposes of this Terms & Conditions, “posting” includes uploading, posting, emailing, transmitting or otherwise making available.
4.3 Interference with Platform.
You agree that you will not:
(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(d) copy, reproduce, alter, modify, or publicly display any information displayed on our website (except your own information), or create derivative works from our website (other than from your own information), or take any action(s) may constitute copyright infringement or otherwise violate the intellectual property rights of moonpark or any other third party, except with the prior written consent of moonpark and/or the appropriate third party.
4.4 General Practices Regarding Use of Platform. You acknowledge and agree that we may establish general practices and limits concerning the use of the moonpark platform. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of your information.
4.5 Software Updates. By installing and using the moonpark platform, you agree to receive software updates requests and automatic software updates installations, which may come in various forms, in order to improve performance, security, and/or reliability of the platform.
5. Moonpark Classes
5.1 Meeting. Moonpark allows users to arrange physical meetings (Classes) at locations that include private homes, public spaces, or private enterprises (e.g. coffee shops). Moonpark does not supervise or control these Classes, nor does moonpark conduct background checks on the individuals arranging, hosting, or attending any Class. Therefore, moonpark has no way of ensuring the true identity, age, and background of participants in Classes, and has no control over their actions. By attending these meetings, you agree that you bear all risks and to release moonpark from all claims, demands, and damages incurred as a result from your use of the moonpark platform. All moonpark users agree to exercise caution and good judgement when attending Classes arranged through the moonpark platform, and all moonpark users are encouraged to report any misconduct or threatening, inappropriate, offensive, and/or deceptive behavior by other users of the moonpark platform to firstname.lastname@example.org.
5.2 Posting Classes. Guides assume full responsibility for the Class(es) they post and all content they make available through the platform. All content, images, and venues are publicly available to be viewed, acted upon and booked by any user. By posting a Class, you agree to honor the time, location, and description listed on the Class posting. You may be exposed to content that you may find offensive, indecent, or objectionable, and, by using the platform, understand that such exposure is entirely at your own risk.
We request that Guides do not include their email or phone number in their class postings in order to avoid spam and confusion, and instead communicate through our messaging function. Any action or communication that directs Explorer(s) to book outside of the platform to avoid paying fees is grounds for suspension and/or removal from the platform.
5.3 Role of Guide. The Guide of a Class has the right, in their sole and absolute discretion, to temporarily or indefinitely suspend and/or terminate your participation in their Class and to limit or set additional eligibility requirements for participants. Please be aware that a Guide is: (a) not moonpark’s representative or agent, and therefore a Guide may not enter into contractual relations or obligations on moonpark’s behalf; (b) not entitled to enter into contractual relations or obligations on behalf of specific Class participants unless expressly agreed by those Class participants; and (c) acting independently, and therefore no contractual relationship or obligation arises between an Guide or an individual Class participant unless otherwise agreed.
All Guides using the moonpark platform agree that they are independent contractors, and are not entering into an employment relationship with moonpark.
5.4. Role of Explorer. Moonpark strives to be a safe, inclusive community where people gather to share knowledge. By attending a Class, you agree to not violate any conduct policies at the place in which the Class takes place and respect general principles of personal integrity while interacting with the Guide, other participants, and people at the meeting location.
5.5 Customer Refunds and Review Process. In the event that an Explorer believes a refund is justified after the attendance of a Class, they can file a refund request by sending an email to email@example.com. Moonpark, at its sole discretion, reserves the right to deny a refund request, or to offer a full or partial refund. Guides agree that moonpark retains the right, in its sole discretion, to refund fees paid by Explorer(s) and subtract the amount of such refunds from the fees paid to Guides for the Class attended by the Explorer(s) who requested to be refunded.
6.1 Moonpark Communications. You understand that certain communications, such as moonpark service announcements and newsletters, as well as offers of sponsorship or promotion, are part of our platform. By using moonpark, you agree to receive such communications. You may manage your subscriptions to moonpark communications by clicking “unsubscribe” at the bottom of email newsletters; however, some basic communications (e.g., billing confirmations, class cancellations, etc.) are necessary and may not be disabled.
6.2 Communications with Other Users. By joining a Class, you understand and agree that you may receive communication from your Guide with content relevant to the Class. By posting a class on moonpark, you agree to be directly contacted by other users on the platform.
6.3 Other Users. We do not control the information provided by other users on our platform, which may be offensive, harmful, or inaccurate, despite moonpark’s efforts to prevent the dissemination of such content. Users should use caution when navigating the moonpark platform, and do so at their own risk.
7. Additional Links, Resources, and Marketing from Third Parties
7.1 Websites and Resources. Moonpark, other moonpark users, or third parties may provide links to other websites or resources. Moonpark does not control nor endorse any content, advertising, products, or other materials on or available from these websites or resources. By using the moonpark platform, you acknowledge and agree that moonpark is not responsible or liable for these websites or resources, or for any damage or loss caused by or in connection with the use of these websites or resources.
7.2 Marketing. Moonpark is not responsible or liable for correspondence or business dealings with other users or third parties found on our platform. By using the platform, you agree that moonpark is not responsible or liable for any loss or damage incurred as a result of such dealings, and that such dealings are solely between you and the third party.
You agree to indemnify, defend, and hold harmless our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, and third-party partners from and against any and all claims, demands, cause of action, losses, expenses, damages, and/or liabilities, including reasonable attorney’s fees and court costs, incurred by your breach of your representations and warranties or this Terms & Conditions or the documents it incorporates by reference, your use of our platform, your violation of any law, statute, ordinance or regulation or the rights of a third party, your participation in a Class, or your participation as a Guide in Classes (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other participants at Class). Without limiting the foregoing, you, as a user, Explorer, or Guide, agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any Class participant or third party due to or arising out of your actions as a user, Explorer, or Guide, including your use of money paid to you by participants of your Class.
9. Warranties; Liability
9.1 Disclaimer of Warranties. Your use of our platform is at your sole risk. Our platform is provided to you “as is” and on an “as available” basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our platform. We disclaim any warranties for any information or advice obtained through our platform. We disclaim any warranties for services or goods received through or advertised on our platform or received through any links provided by our platform, as well as for any information or advice received through any links provided through our platform. In addition, no advice or information (oral or written) obtained by you from us shall create any warranty. You understand and agree that you download or otherwise obtain material or data through the use of our platform at your own discretion and risk and that you will be solely responsible for any damages to your phone system or loss of data that results from the download of such material or data.
9.2 Limitation of Liability. You agree that in no event shall moonpark be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if moonpark has been advised of the possibility of such damages), arising out of or in connection with our platform or this Terms & Conditions or the inability to use our platform (however arising, including negligence), arising out of or in connection with third party transactions or arising out of or in connection with your use of our platform or transportation to or from Classes, attendance at Classes, participation in or exclusion from Classes and the actions or omissions of you or others, including Guides, at Classes. You further agree that in no event shall moonpark be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages resulting from a Guide, or other user’s negligence, gross negligence, recklessness, or intentional action; damages resulting from defective design or condition of any material, object, or fixture used at a Class; or damages resulting from the defective or dangerous condition of the premises at which a Class takes place. Moonpark’s liability to you or any third parties in any circumstance is limited to the amount of fees that moonpark received from you, if any, in the twelve (12) months prior to the action giving rise to liability.
9.3 Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this section may not apply to you.
10. Dispute Resolution
10.1 Process. The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Terms & Conditions including the documents it incorporates by reference, your use of our platform, or your participation in any Class as a Guide or an Explorer (whether the dispute, claim or controversy is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at a Class). In the event that the dispute, claim or controversy is not resolved by these negotiations, the matter will be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”), or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration. However, notwithstanding the foregoing, moonpark shall have the right to initiate and prosecute a legal action in any venue, including any court of competent jurisdiction, to collect any fees and/or recover damages for, or obtain an injunction relating to, our platform operations, intellectual property or our platform, and such disputes shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by moonpark. In addition, either you or moonpark may seek any interim or preliminary relief from a Court of competent jurisdiction in San Francisco, California necessary to protect the rights or property of you or moonpark pending the completion of arbitration.
10.2 Negotiation. Either party may initiate negotiations by providing written notice via email to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within thirty (30) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet at a mutually agreeable time and place (via videoconference is acceptable) within ninety (90) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute.
10.3 Mediation. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals, and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case.
10.4 Arbitration. The parties agree that any and all disputes, claims or controversies arising out of or relating to this Terms & Conditions that are not resolved by their mutual agreement by negotiation or mediation under Sections 10.2 and 10.3 shall be submitted to final and binding arbitration before JAMS in San Francisco, California or, or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq. Either party may commence the arbitration process called for in these Terms & Conditions by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS’ Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with JAMS and with one another in selecting an arbitrator from JAMS’ panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs.
10.5 Enforcement. The provisions of Sections 10.3 and 10.4 may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the party against whom enforcement is ordered.
10.6 Notice; Waiver. By agreeing to these Terms & Conditions you have, except as otherwise specified in Section 10.1, all disputes, claims or controversies arising out of or relating to this Terms & Conditions decided by negotiation, neutral mediation and/or neutral arbitration as provided in this Section 13, and you are giving up any rights you might possess to have those matters litigated in a court or jury trial. Also, by agreeing to these Terms & Conditions you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under these Terms & Conditions. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under federal or state law. Your agreement to this arbitration provision is voluntary.
10.7 Dispute Resolution By Moonpark for the Benefit of Users. We may try to help moonpark members resolve disputes. We do so in our sole and absolute discretion, and we have no obligation to try to resolve disputes between users. To the extent we attempt to resolve disputes, we will do so in good faith based solely on the general rules and standards of the Platform, and we will not make judgments regarding legal issues or claims.
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our platform or these Terms & Conditions with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our platform.
12. Trademarks; Copyrights; Proprietary Rights
12.1 Moonpark’s Trademarks. Moonpark trademarks and service marks, and other moonpark logos, products and service names, are trademarks of moonpark. Except as otherwise permitted by law, you agree not to display or use in any manner the moonpark Trademarks without moonpark’s prior written consent.
12.2 Copyrights and Trademarks of Others. Moonpark respects the intellectual property of others, and we ask our users to do the same. To the extent moonpark uses a trademark that is the property of a third party, moonpark shall use its best efforts to provide clear notice to anyone viewing moonpark’s use of that trademark that (a) moonpark does not own the trademark and that the trademark is the property of a third party, (b) moonpark has no affiliation, connection or association with that third party, and (c) if applicable, that third party has not approved or sponsored moonpark’s use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to Our Platform to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please submit an email to moonpark at firstname.lastname@example.org that includes the following information (the “Copyright Notice”): 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in the Copyright Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
12.3 Proprietary Rights. You acknowledge and agree that Our Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through Our Platform or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by moonpark or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Our Platform, in whole or in part.
13. No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Our Platform, use of the Platform, or access to the Platform for any sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit or the moonpark Class.
14. Additional Terms
14.1 Notices. Except as otherwise stated in these Terms & Conditions or as expressly required by local law, any notice to us shall be given by certified postal mail with a return receipt requested to moonpark at email@example.com and any notice to you shall be given to the email address that you provided us during the registration process. Notice shall be effective 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
14.2 No Agency. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and moonpark is intended or created by these Terms & Conditions.
14.3 Governing Law and Venue. Except as expressly provided in this Section, (a) these Terms & Conditions and the relationship between you and moonpark shall be governed by the laws of the State of California, United States of America, without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within California between California residents, and (b) you and moonpark agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California.
14.5 No Guaranty. We do not guarantee continuous, uninterrupted or secure access to Our Platform, and operation of our website may be interfered with by numerous factors outside of our control.
14.6 No Waiver. Moonpark’s failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
14.7 Severability. If any provision of these Terms & Conditions is found to be invalid by a court of competent jurisdiction, you and moonpark nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms & Conditions will remain in full force and effect.
14.7 Survival. Sections 3 (Payments), 4 (Use of Platform), 8 (Indemnity), 9 (Warranties; Liabilities), 10 (Dispute Resolution) and 14.3 (Additional Terms) shall survive any termination or expiration of this agreement.
14.8 Limitation. You and moonpark each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Our Platform or these Terms & Conditions must be filed within one (1) year after the claim or cause of action arose or be forever barred.
14.9 Titles. The section titles in these Terms & Conditions are for convenience only and have no legal or contractual effect.
15. Disclosures; Violations
Please report any violations of this agreement by sending a notice of the violation by emailing: firstname.lastname@example.org.
Email us at email@example.com