MOON MARK WEBSITE TERMS AND CONDITIONS
Last Modified: March 15, 2020
- Acceptance of Terms
The materials contained in this Website are protected by applicable copyright and trademark law.
For guidelines regarding the use of the Moon Mark name and logo, click here.
YOU MUST BE AT LEAST 13 YEARS OF AGE, OR HAVE A PARENT’S PERMISSION, TO USE THE SITE.
- Notice of Non-discrimination
MOON MARK® does not discriminate on the basis of race, color, ethnicity, national origin, sex, pregnancy, marital status, sexual orientation, gender identity and expression, genetic information, disability, age, religion/creed, and military/veteran status in its programs and activities.
- Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on the Moon Mark’s Website for personal, non-commercial transitory viewing only. This is a grant of a limited non-transferrable non-exclusive license, not a transfer of title, and under this license you may not:
- modify or copy the materials
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on the Moon Mark Website;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Moon Mark at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitations of Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Revisions and Errata
The materials appearing on the Moon Mark’s Website could include technical, typographical, or photographic errors. The Moon Mark does not warrant that any of the materials on its Website are accurate, complete, or current. The Moon Mark may make changes to the materials contained on its Website at any time without notice. The Moon Mark does not, however, make any commitment to update the materials.
The Moon Mark has not reviewed all of the sites linked to its Internet Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Moon Mark of the site. Use of any such linked website is at the user’s own risk.
- Governing Law
Any claim relating to the Moon Mark’s Website shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website.
Your Moon Mark membership and/or your username and password for this site may give you access to certain videos that are intended to provide educational examples or information. They are not intended to serve as a model to directly imitate or duplicate in performance. Moreover, the following licensing agreement applies to those videos, and shall supersede any conflicting language elsewhere in this document.
“THIS LICENSE AGREEMENT is entered into by and between the Moon Mark and the user of this website. For valuable consideration, they hereby agree as follows:
Licensed Use: You are granted a non-exclusive non-transferrable license to use the videos in, and only in, the following circumstances:
- Classroom showing as part of a regularly scheduled curricular class in any discipline.
- Classroom showing as part of school sponsored Association chapter meetings, practice sessions, or tournaments.
- Classroom showing to school district administrators, teachers, school board members, or parents of Association member schools.
Restrictions on Use: You agree to abide by the following restrictions on the use of the videos. You shall not:
- Submit or post on Moon Mark-related properties, including social media platforms, content containing profanity, pornography, hate-related or violent content, or any material or products or services that violate or encourage any conduct that would violate any criminal laws. Doing so will result in immediate disqualification from any Moon Mark properties.
- Sell, rent, show, or otherwise distribute the videos for any monetary value or consideration.
- Use the videos for any purpose other than those described in the above licensed use.
Ownership: Except as otherwise provided in this license agreement, you acknowledge that the Moon Mark is the owner of all rights in the videos.
Termination: You agree that this license agreement will terminate automatically if you fail to comply with any of the terms of this license agreement, and on any such termination, the Moon Mark will cease to use any of the videos. Upon termination, you will immediately return all videos and copies to Moon Mark.
Breach: You agree to assume any and all liability resulting from your noncompliance with the terms of this license agreement.
Damages: YOU AGREE THAT IN NO EVENT SHALL MOON MARK BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATING TO THE USE, OR ARISING OUT OF THE USE, OF THE VIDEOS.
General: You acknowledge that they have read this license agreement, understand it, and agree to be bound by its terms.
Governing Law: This agreement and performance hereunder shall be governed by the laws of the State of Nevada.”
- Prohibited Uses
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export or import of data or software to and from the U.S. or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors or people in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website. Citizens of the European Union under the age of 16 are prohibited from use of the website without prior permission from the company.
- Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- User Contributions
The Website may contain interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
MOON MARK Link Disclaimer
This website includes links to other sites operated by third parties. We have not reviewed the information on other sites and are not responsible for any of the content on these sites. The inclusion of these links in no way indicates their endorsement, support, or approval of the contents of this site. By clicking on any of these links, you agree that MOON MARK is not responsible for the content provided on the destination site.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products, or services, or for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such information. We have the right to edit, remove, or deny access to content that is determined to be, in our sole discretion, unacceptable.
Intellectual Property (IP) and Trademarks Policy