Moonlight Press API Terms of Service
Last Updated: March 18, 2016
Welcome, and thank you for your interest in Moonlight Press (“Moonlight Press”), which operates the web site and online services located at http://www.moonlight-press.com (the “Moonlight Press Platform”).
BY CLICKING “I AGREE” OR DOWNLOADING, IMPLEMENTING, OR OTHERWISE USING THE APPLICATION PROGRAMMING INTERFACE FOR THE MOONLIGHT PRESS PLATFORM (THE “MOONLIGHT PRESS API”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE MOONLIGHT PRESS API TERMS OF SERVICE (THE “API TERMS”), INCLUDING ANY FUTURE MODIFICATIONS. FOR MOONLIGHT PRESS’s POLICY ON MODIFICATION OF THESE API TERMS AND OTHER TERMS ON THE MOONLIGHT PRESS PLATFORM, PLEASE SEE OUR TERMS OF SERVICE
YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE ALL AUTHORITY NECESSARY TO BIND YOURSELF TO THESE API TERMS. IF, AT ANY TIME, YOU DO NOT AGREE TO THESE API TERMS, THEN YOU ARE NO LONGER GRANTED A LICENSE TO USE THE MOONLIGHT PRESS API, AND MUST DISCONTINUE ALL USES OF THE MOONLIGHT PRESS API.
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IF YOU ARE USING THE MOONLIGHT PRESS API ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A "SUBSCRIBING ORGANIZATION") THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE API TERMS; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE API TERMS, AND (IV) AGREE TO THESE API TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.
The Moonlight Press API allows you to create certain compatibility between an application, service or product created by you (“Your Application”) and the Moonlight Press Platform.
Subject to the terms and conditions of these API Terms and during the term of these API Terms, you are hereby granted a limited, nonexclusive, non-sublicensable, freely revocable license to use the Moonlight Press API solely for the purpose of creating compatibility between the Moonlight Press Platform and Your Application. All rights not expressly granted to you herein are reserved by Moonlight Press.
Moonlight Press may at any time change the specifications of or restrict or limit access to the Moonlight Press API, in Moonlight Press’s sole discretion. You acknowledge and agree that Moonlight Press may use any technological means to enforce these API Terms. Notwithstanding anything to the contrary, you hereby grant Moonlight Press the right to crawl, test or otherwise monitor Your Applications for the purpose of verifying your compliance with these API Terms, and that you will not seek to block or otherwise interfere with such crawling or monitoring.
You hereby represent and warrant that:
You agree that you WILL:
You agree that you WILL NOT:
Moonlight Press owns all right, title and interest in the Moonlight Press API. The Moonlight Press API is protected by United States copyright laws and international treaty provisions. All rights not expressly granted hereunder are reserved by Moonlight Press. Except for the limited licenses expressly granted herein, these API Terms grant you no right, title, or interest in any intellectual property owned or licensed by Moonlight Press, including (but not limited to) the Moonlight Press API and Moonlight Press trademarks. Any rights granted hereunder are granted solely to you and not, by implication or otherwise, to any parent, subsidiary, or affiliate of you.
As between you and Moonlight Press, you own Your Applications (subject to Moonlight Press’s underlying rights in the Moonlight Press Platform and the Moonlight Press API).
You shall place the following notice prominently on Your Application: "This product uses the Moonlight Press API but is not endorsed or certified by Moonlight Press (www.moonlight-press.com)." Apart from providing attribution as expressly described in this Section 7, you shall not use the name “Moonlight Press” in any way, including, but not limited to, in the hostname of your application (i.e. moonlight-press.domain.com). You shall not use the Moonlight Press logo or Moonlight Press marks without prior express written permission from Moonlight Press, and then, only under the terms and conditions under which Moonlight Press provided such prior express written permission.
Your license to the Moonlight Press API under these API Terms continues until terminated by yourself or Moonlight Press. You may terminate the license by discontinuing use of the Moonlight Press API. Moonlight Press may terminate the license to the Moonlight Press API without liability at any time for any reason, with or without notice. Additionally, your rights to use the Moonlight Press API will terminate immediately if you violate any of the terms and conditions herein. Upon expiration or termination of the license granted herein, you will discontinue any and all use of the Moonlight Press API.
Moonlight Press may elect to provide you with support or modifications for the Moonlight Press API (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Moonlight Press may change, suspend, or discontinue any aspect of the Moonlight Press API at any time, including the availability of any Moonlight Press API. Moonlight Press may also impose limits on certain features and services or restrict your access to parts or all of the Moonlight Press API or the Moonlight Press Platform without notice or liability.
Moonlight Press reserves the right to charge a fee for using the Moonlight Press API or Moonlight Press Platform without notice in its sole discretion. You do not have an obligation to continue using the Moonlight Press API or Moonlight Press Platform should Moonlight Press exercise its right to charge a fee. All fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of Moonlight Press API or Moonlight Press Platform.
You hereby release, waive and covenant not to sue or pursue any claim against Moonlight Press (and Moonlight Press 's officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected to: (i) Your Application or any intellectual property you develop that is based on, uses, or relates to the Moonlight Press Platform or Moonlight Press API; and (ii) which otherwise may arise in connection with your use of, reliance on, or reference to Moonlight Press Platform or Moonlight Press API. If you are a California resident, you waive California Civil Code §1542, 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." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
In addition to the indemnification provisions in Moonlight Press Terms of Service , you hereby agree to indemnify and hold harmless Moonlight Press, its customers and users, all third-party advertisers, technology providers and service providers, and each of their respective employees, directors and representatives, from any liability, loss or claim arising out of or relating to: (i) these API Terms; (ii) your use of or interaction with the Moonlight Press API, (iii) Your Application, (iv) your violation of any law, treaty, regulation or other governmental order, or (v) your violation of the proprietary or other rights of third parties. Moonlight Press reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Moonlight Press, and you agree to cooperate with Moonlight Press 's defense of these claims. Moonlight Press will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
The following terms are in addition to the disclaimer and limitation of liability in the Moonlight Press Terms of Service .
Moonlight Press does not warrant that the data, User Content or any other information offered on or through the Moonlight Press Platform or Moonlight Press API will be uninterrupted, or free of errors, viruses or other harmful components and does not warrant that any of the foregoing shall be corrected. Moonlight Press is not responsible for the conduct of any user of the Moonlight Press Platform or Moonlight Press API.
THE MOONLIGHT PRESS PLATFORM AND MOONLIGHT PRESS API ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOONLIGHT PRESS, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOONLIGHT PRESS OR THROUGH THE MOONLIGHT PRESS PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
UNDER NO CIRCUMSTANCES WILL MOONLIGHT PRESS BE LIABLE TO YOU FOR ANY PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL, RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST BUSINESS, REVENUE, OR ANTICIPATED PROFITS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT MOONLIGHT PRESS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MOONLIGHT PRESS‘S LIABILITY EXCEED THE FEES PAYABLE BY YOU TO MOONLIGHT PRESS UNDER THESE API TERMS DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO THE CLAIM.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE API TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 14, THE TERM MOONLIGHT PRESS INCLUDES MOONLIGHT PRESS 'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
Moonlight Press may provide you with notices, including those regarding changes to these API Terms, by email, regular mail or postings on the Moonlight Press Website. Notice will be deemed given twenty-four hours after email is sent, unless Moonlight Press is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Moonlight Press Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Moonlight Press Website is deemed given 30 days following the initial posting.
The failure of Moonlight Press to exercise or enforce any right or provision of these API Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the API Terms will be effective only if in writing and signed by Moonlight Press.
If any provision of the API Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the API Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Upon termination of the API Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2, 4 through 8, and 11 through 20.