Terms of use

Effective Date: 02.01.2024

1. Acceptance of Terms

Welcome to www.moonbrush.org, a digital platform operated by Moonbrush Studios ("Moonbrush Studios," "we," "us," or "our"). By accessing or using our website, services, products, or content (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms") and our Privacy Policy. These Terms govern your access to and use of the Services provided by Moonbrush Studios and are a binding legal agreement between you and Moonbrush Studios.

Please read these Terms carefully before accessing or using our Services. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization. If you disagree with any part of the terms, you do not have permission to access our Services.

2. Use of the Site

a. License to Use: Subject to these Terms, Moonbrush Studios grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal, non-commercial purposes. This license is intended to allow you to use and enjoy the benefits of the Services as provided by Moonbrush Studios, in the manner permitted by these Terms.

b. User Conduct and Responsibilities: In your interaction with the site, you agree to comply with the following:

Compliance with Laws: You are responsible for compliance with all local, state, national, and international laws, rules, and regulations applicable to the use of our Services.
Account Security: You are responsible for all activities that occur under your account, whether or not you know about them. You must safeguard the confidentiality of your account information and are responsible for any use of your account.
Content Restrictions: You may not upload, post, email, transmit, or otherwise make available any material that:
- Is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
- You do not have a right to make available under any law or under contractual or fiduciary relationships.
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

c. Prohibited Activities: You are prohibited from using the Services to:

Engage in any activity that would constitute a criminal offense or give rise to civil liability.
Attempt to interfere in any way with the Site's or Moonbrush Studios' networks or network security, or attempt to use the Site's service to gain unauthorized access to any other computer system.

3. Intellectual Property Rights

a. Ownership and Rights: All materials on the Site including, but not limited to, images, text, graphics, illustrations, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of the Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only.

b. Restrictions on Use: No right, title, or interest in any downloaded content or materials is transferred to you as a result of any such downloading or copying. Moonbrush Studios retains full and complete title to the material and all intellectual property rights therein.

c. Trademarks: The trademarks, logos, and service marks displayed on the Site are registered and unregistered Trademarks of Moonbrush Studios and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of Moonbrush Studios or such third party that may own the trademarks displayed on the Site.

4. User Content

a. User Contributions: You may have opportunities to post, submit, or display content, such as text, photos, graphics, audio, video, or other materials on or through the Services ("User Content"). You are solely responsible for the User Content you provide, including its legality, reliability, and appropriateness.

b. Ownership and License to Moonbrush Studios: By providing User Content to the Site, you grant Moonbrush Studios a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that User Content in connection with the Services provided by Moonbrush Studios and its successors and affiliates. This license includes the right for Moonbrush Studios to make your User Content available to other companies, organizations, or individuals who partner with Moonbrush Studios for the syndication, broadcast, distribution, or publication of your User Content on other media and services.

c. Representation and Warranties: You represent and warrant that:

You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our licensees, successors, and assigns.
All of your User Content does and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Moonbrush Studios, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

5. Disclaimers

a. General Disclaimer: The Site and its content are provided on an "as is" and "as available" basis. Moonbrush Studios makes no representations or warranties of any kind, whether express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site. You expressly agree that your use of the Site is at your sole risk.

b. No Warranties: Moonbrush Studios disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Moonbrush Studios does not warrant that the Site, its servers, or e-mail sent from Moonbrush Studios are free of viruses or other harmful components.

c. Accuracy of Materials: Moonbrush Studios does not warrant or make any representations regarding the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

6. Limitation of Liability

a. Scope of Liability: In no event shall Moonbrush Studios, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from

your access to or use of or inability to access or use the Services;
any conduct or content of any third party on the Services;
any content obtained from the Services; and
unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

b. Exclusion: Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In these jurisdictions, Moonbrush Studios’ liability will be limited to the greatest extent permitted by law.

7. Indemnification

a. General Indemnity: You agree to defend, indemnify, and hold harmless Moonbrush Studios, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your User Content, your use of the Services, your conduct in connection with the Services or with other users of the Services, or any violation of these Terms, any law or the rights of any third party.

b. Use of Information: You also agree to indemnify against any liabilities arising from your use of the Site through your account by you or any person(s) using your account and the delivery of any content or information sent through your account even if not sent by you.

c. Survival: This indemnification obligation will survive the termination of these Terms and your use of the Site.

8. Modification of These Terms

a. Updates and Changes: Moonbrush Studios reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

b. Notification: We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Moonbrush Studios account or by placing a prominent notice on our site.

c. Responsibility to Review: It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes to these Terms constitutes acceptance of those changes.

9. Contact Us

a. Feedback and Communication: If you have any questions about these Terms, please contact us at:

Email Address: info@moonbrush.org
Physical Address: 8 The Green, Suite A, Dover, DE 19901

b. Response Time: We aim to respond to all inquiries within 48 hours. Our customer service team is generally available Monday through Friday, 9 AM to 5 PM Central Standard Time (CST), excluding public holidays.

c. Additional Support: For further assistance or more information regarding our terms, please visit the support section of our website. You can also reach out through our social media channels for updates and more engagement with our services.

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