VIDMOON TERMS OF USE

These Terms of Use apply to your use of the website VIDMOON and govern your rights and responsibilities in connection with such use. The term “Site” includes the content on the Site, vidmoon.org and all of the services provided on or through this (the “Service” or “Services”). You “use” the Site anytime you enroll in and/or use the services of VIDMOON. Your use of the Site signifies your agreement to be bound by these Terms of Use and the website Privacy Policy. These Terms of Use are a binding legal agreement between you and VIDMOON.


PLEASE READ THEM CAREFULLY BEFORE YOU USE THE SITE. DO NOT USE THE SITE IF YOU DO NOT AGREE WITH ANY OF THE TERMS CONTAINED HEREIN.
You acknowledge, understand and agree that you are using VIDMOON on your own initiative and it is your responsibility to make sure that your use of the Site complies with all applicable laws. VIDMOON reserves the right, at its sole discretion, to change, modify, and/or add to these Terms of Use or the Privacy Policy, in whole or in part, at any time, without notice. Changes to the Terms of Use and Privacy Policy will be effective when posted. You agree to review the Terms of Use and Privacy Policy periodically to become aware of any changes. Your use of VIDMOON or any part thereof after any changes to these Terms of Use and/or Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, you sole recourse will be to stop using the Site or the application. These terms and conditions apply to all users of the Services, registered or otherwise.


1. Service
This Site provides a worldwide video search engine.


2. License
VIDMOON grants you a non-exclusive, non-transferable right to use the service, solely for your own personal purposes subject to the terms and conditions of these Terms of Use. All rights not expressly granted to you are reserved by VIDMOON. You shall not, sublicense, sell, resell, transfer, assign, distribute, otherwise commercially exploit, or make available to any third party the Services in any way. You shall not build a product using similar ideas, features, functions or graphics of the Service or copy any ideas, features, functions or graphics of the Services. You may use the service only for personal purposes.


3. User Content
3.1 If, at our request or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘User Content), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Content that you forward to us. We are and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay compensation for any User Content; or (3) to respond to any User Content.

3.2 We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

3.3 You agree that your User Content will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead third parties or us as to the origin of any User Content. You are solely responsible for any User Content you provide and its accuracy. We take no responsibility and assume no liability for any User Content by you or any third party.


4. Restricted activities
4.1 VIDMOON prohibits the use of any of its Services in any of the following ways:
  1. Spamming (e-mail, Usenet, message boards, etc.);
  2. Copyright, trademark, and patent infringement;
  3. Defamatory or abusive language;
  4. IP Spoofing;
  5. Illegal or unauthorized access to other computers or networks;
  6. Distribution of Internet viruses, worms or other destructive activities;
  7. Interfering with or disrupting the integrity or performance of the Services or the data contained therein;
  8. Sending infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violate third party privacy rights;
  9. Launching any pop-ups from our Services.
  10. Attacking in any way shape or form any other computer or network while on our Services.
  11. Any and all other illegal activities.


5. User Conduct
5.1 A computer or other equipment enabled to access the Internet (“Device”) is required to use the Services. You are solely responsible for ensuring that your Device is sufficient and compatible for use with the Services.

5.2 VIDMOON may not be used to misrepresent or to act on behalf of others.

5.3 You shall at all times abide by all applicable local, state, national laws, treaties and regulations in connection with your use of the Services, including those related to data privacy.


6. Intellectual Property
VIDMOON graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of VIDMOON. VIDMOON trademarks, trade dress and copyrighted work may not be used in connection with any product or service without the prior written consent of VIDMOON.


7. Termination
7.1 You agree that VIDMOON in its sole discretion, for any or no reason, and without penalty, may terminate or suspend your use of the Services at any time. VIDMOON may also in its sole discretion and at any time discontinue the Services in their entirety, or any part thereof, with or without notice.

7.2 VIDMOON may terminate any user for violating Terms of Use immediately without notice or refund or suspend the account pending investigation, clarification or comment from the user. If your account is suspended, you must contact us to see if the situation can be rectified. We will wait a reasonable period of time before we permanently close a user’s account and shut down all billing. It is the responsibility of the user to contact us by email supplying user name sent to: vidmoonwebmaster@gmail.com


8. Disclaimer of warranties:
8.1 VIDMOON makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. VIDMOON does not represent or warrant that:
  1. the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
  2. the Services will meet your requirements or expectations;
  3. errors or defects will be corrected, or
  4. the Services are free of viruses or other harmful components.
The Services is provided by VIDMOON on “as is” and “as available” basis without warranties of any kind, either expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by law.

8.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

8.3 You expressly agree that use of the Services is at your sole risk.


9. Limitation of Liability:
In no event shall VIDMOON be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the services for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. Notwithstanding the foregoing, in no event shall the total liability of VIDMOON, for all damages, losses and causes of action whether in contract, tort including negligence, or otherwise, exceed the aggregate amount paid by the claimant to VIDMOON in the subscription period prior to the claimed loss, damages or other such alleged event giving rise to the basis of claim. VIDMOON shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.


10. DMCA:
10.1 VIDMOON owns, protects and enforces copyrights in its own creative material and respects the copyrighted properties of others. Materials may be made available on or via the Site by third parties not within the control of VIDMOON. It is our policy not to permit materials known by us to be infringing to remain on this site. If you are a copyright owner or an agent thereof and believe that any User Content, or other content, infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998, as amended (the "DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the User Content, or other content, 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 the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the User Content, or other content, in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

10.2 Pursuant to the DMCA 17 U.S.C. 512 (c), VIDMOON has designated the Chief Legal Officer and General Counsel of VIDMOON, LLC, the parent company of VIDMOON, as its agent ("Agent") for notification of claims of copyright infringement with respect to information residing, at the direction of a user, on the Site Web site. The Agent contact information is: [insert address], email: vidmoonwebmaster@gmail.com For purposes of clarification, solely DMCA notices should go to the Agent; all other feedback, comments, requests for technical support, and other communications should be directed as set forth at the beginning of this Agreement. You expressly acknowledges that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

10.3 If you believe that your User Content, or other content, that has been removed (or to which access was disabled) is not infringing, or that you have authorization from the actual copyright owner, the copyright owner's agent, or pursuant to law, to submit, post and make use of such User Content, or other content, you may send a counter-notice containing the following information to the Agent: (i) your physical or electronic signature; (ii) identification of the User Content, or other content, that has been removed or to which access has been disabled and the location at which the User Content, or other content appeared on the Site prior to the point at which such User Content, or other content, was removed or disabled; (iii) a statement that you have a good faith belief that the User Content, or other content, was removed or disabled as a result of mistake or a misidentification of the User Content, or other content; and (iv) Your name, address, telephone number, and, if available, an electronic mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the party that provided notification of the alleged infringement. If a counter-notice is received by the Agent, the Site may send a copy of such counter-notice to the original complaining party informing such party that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Site's sole discretion.

10.4 The Site suggests that you consult your legal advisor before filing a notice or counter-notice. Please also be aware that there can be penalties for false claims under the DMCA.


11. Indemnity:
11.1 You hereby expressly and irrevocably release and forever discharge VIDMOON, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.

11.2 You hereby agree to indemnify and hold VIDMOON harmless, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of this Agreement, (ii) the use of the Services, by you or any person using your account, or (iii) your violation of any third party right, including without limitation any copyright, patent, trademark, property, or privacy right; or (iv) Any claim that your use caused damage or injury to any third party.


12. Governing Law and Jurisdiction:
12.1 These terms of use shall be governed by and construed in accordance with the laws of the State of California.

12.2 You agree that any dispute arising from or relating to the subject matter of this Terms of Use shall be governed by the exclusive jurisdiction and venue of the courts of California.


13. General:
13.1 Assignment: We may assign these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms of Use without our prior written consent, and any unauthorized assignment by you shall be null and void.

13.2 Foreign jurisdiction: Our services are available globally. By agreeing to these Terms of Use, you warrant that it is completely legal to use our services and website in your country. It is the duty of the user to verify any potential violation. The user agrees to indemnify us, associated or sister companies, employees, agents or any related individual or organization for any liability it might incur in a foreign jurisdiction. Our services shall not be deemed to constitute an offer to sell or serve in countries where it is illegal to do so.

13.3 Severability: If any part of these Terms of Use is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms of Use shall be given full force and effect.

13.4 Entire Agreement: These Terms of Use, including the documents expressly incorporated by reference herein, constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Services.

13.5 No Waiver: Our failure to enforce any provision of these Terms of Use shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these Terms of Use shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

13.6 Notices: All notices given by you or required under this Agreement shall be in writing and addressed to vidmoonwebmaster@gmail.com


CONTACT INFORMATION:

Contact Person : Daniel Jo

Address : 100 Century Center Court #120A, San Jose, CA, 95112

Email: vidmoonwebmaster@gmail.com