Last Updated: January 23, 2018
Please read these terms and conditions carefully.
Your use of the website located at and through www.moonlighting.com which is operated by Moonlighting, LLC (“Moonlighting”) and any of the services, products or opportunities offered by Moonlighting through its mobile applications (collectively, the “Platform”), is expressly conditioned on your acceptance of these Terms of Service (these “Terms”). By using the Platform, you signify your assent to these Terms. If you do not agree with any part of these Terms, you must not use the Platform.
- OWNERSHIP. The Platform, including the individual images, graphics, logos, text and layout, as well as the compilation of the Content displayed on the Platform (the “Content”), is the property of Moonlighting. MOONLIGHTING, and all logos related to Moonlighting are trademarks and/or service marks of Moonlighting in the United States and/or other countries. The names of other companies and products displayed on the Platform are the trademarks of their respective owners. All such trademarks, service marks and logos displayed on the Platform, whether owned by Moonlighting or various third parties, are referred to herein as the “Trademarks.” Except as otherwise granted in these Terms, nothing contained on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content or Trademarks.
- USE OF SITE. Moonlighting grants to you a limited, non-transferable license to use the Platform in accordance with these Terms. You may only use the Platform to view information presented on the Platform and to make legitimate inquiries or submissions. You may not use the Platform for any other purposes, including without limitation, to make any false or fraudulent inquiries or submissions. The Platform and the Content provided on the Platform, including any text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, framed, mirrored, uploaded, posted, transmitted, modified, sold, transferred, sub-licensed, distributed, disassembled, decompiled, or reverse engineered without the written permission of Moonlighting, and/or its third party partners, except that you may download, display and print the materials presented on the Platform for your personal, non-commercial use only. You may not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or Content found on the Platform without the prior written permission of Moonlighting. You agree that you will not transmit or otherwise transfer any web pages, data or Content found on the Platform to any other computer, server, website, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform. You agree that you will not take any action that imposes a burden or load on our infrastructure that Moonlighting deems in its sole discretion to be unreasonable or disproportionate to the benefits Moonlighting obtains from your use of the Platform. Unauthorized use of the Platform and/or the materials contained on the Platform may violate applicable copyright, Trademark or other intellectual property laws or other laws. You must retain all copyright and Trademark notices, including any other proprietary notices, contained in the materials on the Platform, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, Trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, Trademark, or other proprietary right, or any other harm resulting from your use of the Platform. You may delete your account at any time, for any reason, by following the instructions on the Platform. You agree to immediately notify Moonlighting of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. MOONLIGHTING CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS.
- MOONLIGHTING ONLY PROVIDES VENUE. The Platform is a commerce platform for enabling transactions and connections between you and other users (collectively, the “Users”). Moonlighting does not take part in the interaction between Users. Moonlighting does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any postings, products or services provided by Users, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Moreover, Moonlighting makes no representations about the suitability, reliability, timeliness, or accuracy of the opportunities, services or products requested and provided by Users through the Platform. Finally, Moonlighting will not be responsible or liable for any tax obligation that any User may incur, whether such tax obligation is reporting, withholding, personal or business.
- No User Vetting. Moonlighting does not engage in any background check on its users. Accordingly, Moonlighting cannot confirm that each User is who they claim to be and therefore, Moonlighting cannot and does not assume any responsibility for the accuracy or reliability of identity or any information provided through the Platform. When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER MOONLIGHTING NOR ITS AFFILIATES OR LICENSORS OR PARTNERS OR SUPPLIERS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM AND YOU HEREBY RELEASE MOONLIGHTING AND ITS AFFILIATES OR LICENSORS AND PARTNERS OR SUPPLIERS FROM ANY LIABILITY RELATED THERETO. MOONLIGHTING AND ITS AFFILIATES AND LICENSORS AND PARTNERS OR SUPPLIERS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM.
- AGE AND RESPONSIBILITY. If you register with Moonlighting using the Platform, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use the Platform and to create binding legal obligations for any liability you may incur as a result of the use of the Platform. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. Users under 18 years of age are absolutely prohibited from registering with Moonlighting and using the Platform.
- RELEASE. In the event that you have a dispute with one or more Users, you release Moonlighting (and our officer, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Moonlighting expressly disclaims any liability that may arise between Users of its Platform. TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- PUBLIC AREAS. The Platform may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. Without limitation, you may not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Moonlighting staff, or use information learned from the Platform or during the performance of a job to otherwise defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any other User or Moonlighting staff outside of the Platform.
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
- Use the Platform for any purpose, including, but not limited to posting or completing a job, in violation of local, state, national, or international law.
- Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
- Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Advertise or offer to sell any goods or services for any commercial purpose through the Platform which are not relevant to the services offered through the Platform.
- Conduct or forward surveys, contests, pyramid schemes, chain letters, “club memberships”, multi-level marketing opportunities or sales representative agency arrangements.
- Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments.
- Post the same job repeatedly (“Spamming”). Spamming is strictly prohibited.
- Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Platform.
- Restrict or inhibit any other User from using and enjoying the Public Areas.
- Imply or state that any statements you make are endorsed by Moonlighting, without the prior written consent of Moonlighting.
- Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Platform in any manner.
- Hack or interfere with the Platform, its servers or any connected networks.
- Adapt, alter, license, sublicense or translate the Platform for your own personal or commercial use.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Moonlighting.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
- Use the Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Platform as set forth herein.
- Use the Platform to post any business opportunity that requires an up-front or periodic payment or requires recruitment of other Moonlighting members, sub-distributors or sub-agents.
- Use the Platform to post any business opportunity for modeling, acting, talent or entertainment agencies or talent scouting positions.
- Use the Platform to collect usernames and or/email addresses of Users by electronic or other means.
- Use the Platform in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Moonlighting’s trade secret information for public disclosure or other purposes.
- Post jobs or other advertisements for competitors of Moonlighting or post jobs or other content that contains links to any site competitive with Moonlighting.
- Post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling.
- Advertise sexual services or seek Moonlighting members for jobs of a sexual nature.
- Use the Platform to request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy.
- Use the Platform to endorse a particular political party, political agenda, political position or issue.
- Use the Platform to promote a particular religion.
- Attempt to circumvent the payments system or service fees in any way including, but not limited to, processing payments outside of the platform, including inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
- Register under different usernames or identities, after your account has been suspended or terminated or register under multiple usernames or identities.
- Cause any third party to engage in the restricted activities above.
Moonlighting does not endorse any content submitted to the Platform by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Moonlighting expressly disclaims any and all liability in connection with Content. You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas, and Moonlighting will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
- ADDITIONAL TERMS. Additional Terms and conditions may apply to purchases of products and services, including, but not limited to, how we charge for use of the Platform and any local laws applicable in your area. You agree to abide by all such other Terms and conditions. Your use of any Moonlighting software licensed by Moonlighting through a third party, such as, for example, the Apple iTunes Store, Google Play, PayPal, Balanced Payments, etc., is governed by the applicable current end user license agreement which is made available through the applicable third party.
- REVIEW OF TRANSMISSIONS. Moonlighting may, from time to time monitor and review any information transmitted or received through this Platform and reserves the right to sensor, edit, remove or prohibit the transmission or receipt of any information that Moonlighting deems inappropriate or in violation of these Terms.
- TRANSACTIONS. Users contract for products, services and opportunities with other Users through the Platform. Moonlighting is not a party to any such contracts. Moonlighting simply facilitates these contracts by supplying a medium for the exchange of money related to the purchase of such products, services or opportunities (the “Payment”) All Payments will be processed by a third party, such as PayPal or a like service (the “Third Party Processor”) at the end of a completed Moonlighting transaction. For the purposes hereof, Users who pay for products, services and opportunities using the Platform are called the “Moonlight” and Users who receive payment for products, services and opportunities using the Platform are called the “Moonlighters.”When a Payment is made by the Moonlight, the agreed upon Payment will be transferred to the Moonlighter’s online account via the Third Party Processor. When the Moonlighter accepts Payment, the Third Party Processor will handle all payment matters related to the transaction, including administering a service fee. The Third Party Processor will remit a portion of the service fee to Moonlighting for use of the Platform. All representations and warranties for the products, services and opportunities remain the responsibility of the Moonlight and Moonlighter and shall not carry over to Moonlighting at any time or for any reason.
- DISCLAIMER OF WARRANTIES. USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. THE MOONLIGHTING PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOONLIGHTING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE MOONLIGHTING PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE MOONLIGHTING PLATFORM 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 THE MOONLIGHTING PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. MOONLIGHTING DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOONLIGHTING PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND MOONLIGHTING 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 SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.WITHOUT LIMITING THE FOREGOING, NEITHER MOONLIGHTING NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE MOONLIGHTING PLATFORM WILL BE UNINTERRUPTED OR THAT THE MOONLIGHTING PLATFORM WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MOONLIGHTING PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY JOB OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM.NEITHER MOONLIGHTING NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.NEITHER MOONLIGHTING NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
MOONLIGHTING AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
IN ADDITION, MOONLIGHTING DOES NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A USER AND DOES NOT RECOMMEND ANY PARTICULAR MOONLIGHTER. MOONLIGHTING DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY MOONLIGHTER’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.
- LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT MOONLIGHTING IS ONLY WILLING TO PROVIDE THE PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD MOONLIGHTING, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY MOONLIGHTING OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION, OTHER THAN PURSUANT TO THE MOONLIGHTING GUARANTEE.UNDER NO CIRCUMSTANCES WILL MOONLIGHTING, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.MOONLIGHTING DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE PLATFORM.If, notwithstanding the foregoing exclusions, Moonlighting or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the Platform or its Content, the liability of Moonlighting and the third party providers and distributors shall in no event exceed, in the aggregate, $100.00. In its sole discretion, in addition to any other rights or remedies available to Moonlighting and without any liability whatsoever, Moonlighting at any time and without notice may terminate or restrict your access to any component of the Platform. Some states do not allow certain limitations of liability, so the foregoing limitation may not apply to you.
- INDEMNIFICATION. You shall defend and indemnify Moonlighting and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of the Platform or violation of these Terms.
- CONFIDENTIAL INFORMATION. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Moonlighting and agree that you will not disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Moonlighting in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information to Moonlighting upon termination of this agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Moonlighting’s trade secrets, confidential and proprietary information and all other information and data of Moonlighting that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
- CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe that your work has been copied and is accessible on the Platform in a way that constitutes copyright infringement, please contact us to report possible copyright infringement and include the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.§ 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online Platform are covered by a single notification, a representative list of such works at that Platform;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send this information to: General Counsel, Moonlighting, LLC, 937 2nd St. SE, Charlottesville, VA 22902. You can also email us at: email@example.com.
The DMCA provides certain “safe harbor” provisions that insulate online service providers (“OSP”) from liability for copyright infringement for infringing activities of its end users. In addition to meeting the requirements for each safe harbor exemption, an OSP must comply with the following to qualify for the safe harbor protection under the DMCA: (a) Give notice to its users of its policies regarding copyright infringement and the consequences of repeated infringing activity. (b) Follow proper notice and takedown procedures. Once a copyright owner provides proper notice of allegedly infringing material to the OSP, or the OSP discovers such material itself, the OSP must remove, or disable access to, the material; provide notice thereafter to the individual responsible for such material; provide such individual with an opportunity to provide proper “counter-notice;” and comply with applicable procedures thereafter. (c) Designate an agent to receive notices of infringement from copyright owners (and provide the Copyright Office with contact information for such agent and make such information available on its website).
- Intellectual Property Rights. All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the Platform is owned by Moonlighting, excluding User Generated Content that Moonlighting has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Moonlighting owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a “Collective Work” under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Platform without Moonlighting’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Moonlighting and, if applicable, the holder of the rights to the User Generated Content.The service marks and trademarks of Moonlighting, including without limitation Moonlighting and Moonlighting logos are service marks owned by Moonlighting. Any other trademarks, service marks, logos and/or trade names appearing via the Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
- GOVERNING LAW. These Terms and its performance shall be governed by the laws of the Commonwealth of Virginia, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the Commonwealth of Virginia, United States of America, in all questions and controversies arising out of your use of the Platform and these Terms. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Platform must be brought within two (2) years from the date on which such claim or action arose or accrued. Moonlighting controls and operates the Platform from its headquarters in the United States of America and the Platform may not be appropriate or available for use in other locations. If you use this Platform outside the United States of America, you are responsible for following applicable local laws.
- DISPUTE RESOLUTION. To expedite resolution and reduce the cost of any Dispute, controversy or claim related to these Terms (“Dispute”), you and Moonlighting agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Moonlighting. Moonlighting’s address for such notices is Moonlighting, LLC, 971 2ndSt., SE, Suite 508, Charlottesville, 22902 Attention: General Counsel.BINDING ARBITRATION. If you and Moonlighting are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Platform (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If your claim for damages does not exceed $10,000, Moonlighting will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this agreement, you and Moonlighting may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Albemarle County, Virginia with respect to any Dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and Moonlighting agree that any arbitration will be limited to the Dispute between Moonlighting and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND MOONLIGHTING ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Moonlighting otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section will be deemed null and void.
LOCATION OF ARBITRATION. Arbitration will take place in Albemarle County, Virginia. You and Moonlighting agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Virginia state and federal courts located in Charlottesville, VA have exclusive jurisdiction and you and Moonlighting agree to submit to the personal jurisdiction of such courts.
- ENFORCEMENT. If Moonlighting takes any action to enforce these Terms, Moonlighting will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Moonlighting may be entitled. You acknowledge that a violation or attempted violation of any provision of these Terms will cause such damage to Moonlighting as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Moonlighting shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by Moonlighting in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.
- TERMINATION. Moonlighting may terminate these Terms and/or the provision of any services related to the Platform at any time for any reason, including any improper use of the Platform or your failure to comply with these Terms. Such termination shall not affect any right to relief to which Moonlighting and its third party providers and distributors may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will terminate and revert to Moonlighting and its third party providers or distributors, as applicable.
- SPECIFIC TERMS AND CONDITIONS FOR MOBILE APPLICATION. In addition to all the Terms to which you must agree for installing or using the application, software and services known as MOONLIGHTING, including any Moonlighting documentation, read-me files or other files (collectively, the “Application”), you individually or the entity on whose behalf you are acting (“You” or “Your”) agree that Your use of the Application is subject to the Terms generally and to this provision specifically. READ THE TERMS PRIOR TO INSTALLING OR USING THE APPLICATION. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT DOWNLOAD THE APPLICATION OR YOU MUST DELETE THE APPLICATION FROM YOUR MOBILE DEVICE.The Application. The Application known as “MOONLIGHTING” is owned by and is being provided to you by Moonlighting. Moonlighting may elect, in its sole discretion, to change, edit, or discontinue the Application at any time, without notice.License. Subject to Your acceptance and ongoing compliance with the Terms, Moonlighting grants You a personal, non-exclusive, non-transferrable, and limited license to install and use the Application on an authorized computing or mobile device located in the United States and its territories or any other country to which this Application is offered by Moonlighting for use, provided that all uses must be for personal purposes only. Nothing in this agreement grants you any rights to any related documentation, support, upgrades, maintenance or other enhancements to the Application, and Moonlighting has no obligation to furnish any such services regarding this Application.Access. You must provide at your own expense the hardware, computer, equipment, mobile device, internet access, or wireless connection to access and use this Application. Moonlighting is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Your carrier’s standard messaging rates apply to all mobile text messages you initiate from our Platform to your mobile device. All charges are billed by and payable to your mobile service provider. You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Application available.