TERMS OF SERVICE
MOONANDBACK MEDIA, LLC Terms of Service for Your Personal Use Welcome! By using MOONANDBACK MEDIA, LLC’s search engine or other MOONANDBACK MEDIA, LLC services (“MOONANDBACK MEDIA, LLC Services”), you agree to be bound by the following terms and conditions (the “Terms of Service”).
1. Content Linked to by MOONANDBACK MEDIA, LLC
The content displayed as search results or linked to by MOONANDBACK MEDIA, LLC services are developed by people over whom MOONANDBACK MEDIA, LLC exercises no control. The search results that appear from MOONANDBACK MEDIA, LLC’s indices are indexed by MOONANDBACK MEDIA, LLC’s automated machinery and computers, and MOONANDBACK MEDIA, LLC cannot and does not screen the content before including them in the automated search results that are gathered. We cannot guarantee that a MOONANDBACK MEDIA, LLC search will not locate inaccurate, unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the MOONANDBACK MEDIA, LLC Services.
2. Personal Use Only
The MOONANDBACK MEDIA, LLC Services are made available for your personal use only. You may not use the MOONANDBACK MEDIA, LLC Services to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from a MOONANDBACK MEDIA, LLC search and reformat and display them, or mirror the MOONANDBACK MEDIA, LLC home page or results pages on your Web site. You may not “meta-search” MOONANDBACK MEDIA, LLC. If you want to make commercial use of the MOONANDBACK MEDIA, LLC services, you must enter into an agreement with MOONANDBACK MEDIA, LLC to do so in advance. Please contact us for more information.
3. No Automated Querying
You may not send automated queries of any sort to MOONANDBACK MEDIA, LLC’s system without express permission in advance from MOONANDBACK MEDIA, LLC. Note that “sending automated queries” includes, among other things “meta-searching” MOONANDBACK MEDIA, LLC;
and performing “offline” searches on MOONANDBACK MEDIA, LLC. Please do not write to MOONANDBACK MEDIA, LLC to request permission to “meta-search” MOONANDBACK MEDIA, LLC for a research project, as such requests will not be granted.
5. Changes In Terms and Conditions and MOONANDBACK MEDIA, LLC website services:
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
6. Intellectual Property Policy
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please contact:
Address: Moonandback Media LLC 1017 L Street , #102, Sacramento, CA 95814
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following:
ïAn electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
ïA description of the copyrighted work that you claim has been infringed, and a description of the infringing activity including of where the material which you claim is infringing is located on the ASTA Site sufficient to allow us to locate the material;
ïIdentification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published, your address, telephone number, and e-mail address;
ïA 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; and
ïA statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
7. Use of Communication Services
The Moonandback Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Moonandback Media has no obligation to monitor the Communication Services. However, Moonandback Media reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Moonandback Media reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Moonandback Media reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Moonandback Media’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Moonandback Media does not control or endorse the content, messages or information found in any Communication Service and, therefore, Moonandback Media specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Moonandback Media spokespersons, and their views do not necessarily reflect those of Moonandback Media .
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
8. MATERIALS PROVIDED TO Moonandback Media OR POSTED AT ANY Moonandback WEB SITE
Moonandback Media does not claim ownership of the materials you provide to Moonandback Media (including feedback and suggestions) or post, upload, input or submit to any Moonandback Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Moonandback, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Moonandback Media is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Moonandback Media’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
9. SERVICE CONTACT : To report a problem or otherwise seek help on this website, please contact:
10. TERMINATION/ACCESS RESTRICTION;JURISDICTION FOR L EGAL PROCEEDINGS, OTHER PROVISIONS
Moonandback Media reserves the right, in its sole discretion, to terminate your access to the Moonandback Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A.
You hereby consent to the exclusive jurisdiction and venue of courts in Yolo County, California, U.S.A. in all disputes arising out of or relating to the use of the Moonandback Web Site.
Use of the Moonandback Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Moonandback Media as a result of this agreement or use of the Moonandback Web Site. Moonandback Media’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MoonandbackMedia’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Moonandback Web Site or information provided to or gathered by Moonandback Media with respect to such use.
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.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Moonandback Media with respect to the Moonandback Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Moonandback Media with respect to the Moonandback Web Site. 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. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
11. Disclaimer of Warranties
MOONANDBACK MEDIA, LLC disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the MOONANDBACK MEDIA, LLC website results. MOONANDBACK MEDIA, LLC disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. MOONANDBACK MEDIA, LLC disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the MOONANDBACK MEDIA, LLC SERVICES.
THE MOONANDBACK MEDIA, LLC SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE MOONANDBACK MEDIA, LLC SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. MOONANDBACK MEDIA, LLC, ITS PARTNERS AND CONTENT PROVIDERS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MOONANDBACK MEDIA, LLC AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MOONANDBACK MEDIA, LLC SERVICES. MOONANDBACK MEDIA, LLC AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE MOONANDBACK MEDIA, LLC SERVICES. MOONANDBACK MEDIA, LLC AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MOONANDBACK MEDIA, LLC SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE MOONANDBACK MEDIA, LLC SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE MOONANDBACK MEDIA, LLC SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE MOONANDBACK MEDIA, LLC SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MOONANDBACK MEDIA, LLC AND ITS CONTENT PROVIDERS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE MOONANDBACK MEDIA, LLC SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MOONANDBACK MEDIA, LLC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE MOONANDBACK MEDIA, LLC SERVICES, FROM INABILITY TO USE THE MOONANDBACK MEDIA, LLC SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE MOONANDBACK MEDIA, LLC SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MOONANDBACK MEDIA, LLC SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MOONANDBACK MEDIA, LLC SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE MOONANDBACK MEDIA, LLC SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MOONANDBACK MEDIA, LLC SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE MOONANDBACK MEDIA, LLC SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MOONANDBACK MEDIA, LLC SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall MOONANDBACK MEDIA, LLC and its content providers or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
13. Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of California , without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by MOONANDBACK MEDIA, LLC.
14. MOONANDBACK MEDIA, LLC maintains all copyright interests on all original material produced by it or its agents on this website.
1. The Information We Collect, How We Collect It, And How We Use It
a. We may collect different types of personal and other information based on your use of our
products and services and our business relationship with you. Some examples include:
-Contact Information that allows us to communicate with you — including your name,
address, telephone number, and e-mail address;
-Billing information related to your financial relationship with us — including your
payment data, credit history, credit card number, Social Security numbers, security
codes, and service history;
-Equipment, Performance, Moonandback Media, LLC Web Site Usage, Viewing and other technical information about your use of our network, services, products or Web sites.
b. We may collect information in three primary ways:
-You give it to us when you purchase or interact with us about a product or service we
offer or provide;
-We collect it automatically when you visit our Web sites or use our products and
-We obtain it from other sources, such as from credit agencies.
c. We use the information we collect in a variety of ways, including to provide you with the best customer experience possible, to provide the services you purchase, and to respond to your questions, to make contact with you regarding service updates, offers, and promotions, to deliver customized content and advertising that may be of interest to you, to address network integrity and security issues, to investigate, and to prevent or take action regarding illegal activities, violations of our Terms
of Service or Acceptable Use Policies
– Online Activity Tracking and Advertising: We may collect information about your activity on Moonandback Media, LLC Web sites for a number of purposes using technologies such as cookies, Web beacons, widgets and server log.
– We and our non-Moonandback Media, LLC advertising partners may use that information, as well as other information they have or we may have, to help tailor the ads you see on our sites and
to help make decisions about ads you see on other sites.
You may request that we discontinue ad matching by emailing to the following address:
2. Information Sharing
With Moonandback Media, LLC Companies: Subject to applicable legal restrictions, such as those that exist for the Moonandback Media, LLC companies may share your personal Information with each other to make sure your experience is as seamless as possible, and to make sure you have the full benefit of what Moonandback Media, LLC has to offer.
With Non-Moonandback Media, LLC Companies: We share your Personal Information only with non-Moonandback Media, LLC companies that perform services on our behalf, and only as necessary for them to provide those services to you.
We require those non-Moonandback Media, LLC companies to protect any Personal Information they may receive in a manner consistent with this policy.
We do not provide Personal Information to non-Moonandback Media, LLC companies for the marketing of their own products and services without your consent.
In Other Circumstances: We may provide Personal Information to non-Moonandback Media, LLC companies or other third parties for purposes such as compliance with court orders and other legal process, enforcing our agreements and property rights; and obtaining payment for our products and services, including the transfer or sale of delinquent accounts to third parties for collection.
Aggregate or Anonymous Information: We may share aggregate or anonymous information
in various formats with trusted non-Moonandback Media, LLC entities for purposes such as
retail, marketing and advertising companies that offer products and services that may be of interest to you, universities, laboratories and other entities that conduct scientific research; and media research companies.
Our Web sites are not designed to attract children under ï the age of 13. We do not knowingly collect personally identifying information from anyone under the age of 13 unless we first obtain permission from that child’s parent or legal guardian.
4. Sale to Third Parties:
We do not sell your Personal Information to anyone for any purpose. We maintain information about you in our business records while you are a customer, or until it is no longer needed for business, tax, or legal purposes. We have implemented encryption or other appropriate security controls to protect ypur personal Information when stored or transmitted by Moonandback Media, LLC. We require non-Moonandback Media, LLC companies acting on our behalf to protect any Personal Information they may receive in a manner consistent with this Policy. We do not allow them to use such information for any other purpose.
5. Customer Privacy Controls and Choices and Changes
You can review and correct your Personal Information collected by us. You can limit certain types of solicitation communications from Moonandback Media, LLC, including marketing contacts made via telephone, e-mail and text messaging. We will provide you with notice of changes to this policy.
6. Your California Privacy Rights
California Civil Code Section 1798.83 entitles California customers to request information
concerning whether a business has disclosed Personal Information to any third parties for
privacy practices and policies may contact us at:
Postal Address: Moonandback Media, LLC
1017 L Street, # 102
Sacramento, CA 95814-3805
1. Be respectful and civil to other members, even if you disagree with them.
2. Any unacceptable content (including but not limited to posts, user names, or subject lines) will be deleted.
3. We do not allow harassing, threatening, racist, abusive, hateful, violent, vulgar, or obscene language or behavior.
4. Participation in, encouragement, or suggestion of any illegal behavior is cause for immediate deletion and suspension of posting privileges, and may be reported to the appropriate authorities.
5. No articles, news reports, or other copyrighted material may be posted without the permission of the relevant copyright owners.
6. Flooding or spamming on the site is not permitted.
7. No commercial solicitation or advertising will be allowed.
8. This is a public discussion forum. Do not post personal or any other identifying information, such as your name, address, telephone number, etc. Also, do not post any personal information about a third party without that person’s explicit consent.
9. Please keep in mind that other users may claim expert status (legal, medical, etc.) that they do not, in fact, possess. We encourage you to use discretion in following their advice.