Last updated: November 2019
These are the terms and conditions (the “T&Cs”) that Moontrane Media Group, LLC (the "Service Provider") [447 Broadway, 2nd floor, Room #305, New York, NY 10013] uses to govern the streaming and content service provided to you (including for our applications and also where we make our service available in-browser) (the “Service” / “Services”). We have tried to keep these T&Cs as short as possible, to help you understand how you can use the Service. If you have questions about these T&Cs, you can contact us at: email@example.com.
- If you do not want to or cannot agree to these T&Cs, then you must not use this Service, subscribe to this Service, buy (where applicable), download, use or play the Services or the content related thereto. By using this Service or subscribing (where applicable), buying (where applicable), downloading, streaming, installing, updating, using or otherwise accessing the Service or Service content, or by clicking ‘accept’, ‘start’ or similar (where applicable), you are agreeing to these T&Cs.
- Please make sure you read these T&Cs carefully and understand them. If we are threatened with or face legal action because you break any of the terms and conditions in these T&Cs, we may hold you responsible. That means you may need to compensate us, and pay us back for any damage we suffer as a result, and for our legal and other expenses.
- Please be aware that, if you breach these T&Cs, we reserve our right to suspend, terminate or otherwise take under review your licenses granted hereunder.
- You must be at least 13 years old in order to use the Service. If you are under the age of 18, you must have your parent or legal guardian's consent to use the Services and/or website and your parent or legal guardian must agree to these T&Cs.
- WHAT YOU CAN DO
As long as you comply with these T&Cs, you can use the Service to access and enjoy the Service and the content and functionality it makes available. We grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and license to use the Service for your personal, non-commercial use (without our express prior written consent) solely for your enjoyment in accordance with these T&Cs. We do not grant you ownership of the Service itself.
- WHAT YOU CANNOT DO
- We use commercially reasonable endeavours to protect our Service and our users, and it is important that the Service is not used in a way which is unfair or which might harm our rights or the rights of others. Accordingly, we reserve the right to take any and all action available to us with respect to any conduct that violates the terms or spirit of these T&Cs.
- The following sets out some of the things that you cannot do with the Service (and, where applicable, the related content and functionality made available to you):
- share, rent, resell, or make available copies of the Service or otherwise use the Service or our websites commercially in any way without our express prior written consent except as expressly permitted by law;
- circumvent rules or processes, use multiple accounts, exploit ‘loopholes’ or bugs, or use our Service in a way which is not in accordance with the spirit intended by our T&Cs or in a way which may harm the experience of other users of the Service;
- modify or adapt the Service or ‘hack’, merge, translate, create derivatives from, mimic, or disable the Service or otherwise interfere or attempt to interfere with it;
- make public or commercial use, by any means, of the Service without our prior written consent;
- provide hyperlinks to, or other forms of links to, our Service or any related content for obtaining profit or other commercial gain without our express prior written consent;
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service;
- share any password or security information you use to access the Service with any other person;
- delete, obscure, remove or otherwise prevent the proper display of intellectual property (including without limitation copyright and trademark notices or other legal lines or credits) notices in our Service;
do anything (or attempt to do anything) which might disrupt use of the Service by us or other users, or which could threaten, harass or upset other users of the Service or Service community; and
- make anything available on or through the Service which is illegal or that violates the rights of third parties or Service users (including without limitation their intellectual property or privacy rights).
- THIRD PARTY Content in our Services and websites
- The Service may include third party website links and other third party materials such as posts, comments, videos, audio, images and other content such as other user-generated content. We are not responsible for this content. We may moderate or otherwise check such content in some instances, but we are not required to do so. Depending on what the content is, we may be solely a mere conduit for the transmission, storage and retrieval of the relevant content. In other words, we might not review content for its legality, tastefulness or its compliance with these T&Cs.
- We may rely upon a reporting system whereby users can report third party or user-generated content to us, such as because it is illegal content or as it is content which breaches these T&Cs. A reporting mechanism may be made available for these purposes.
- Where we provide the functionality for you to upload any content, including any user generated content, to our Service such as, without limitation, reviews, posts or comments, you agree and undertake that the content:
- is lawful and will not give rise to any actual or possible civil or criminal liability for you or for us and does not promote any unlawful or illegal activity (including without limitation in respect of the territory and local laws applicable where you may upload such content);
- does not infringe the rights of any third party, including without limitation their intellectual property or privacy rights;
- does not include any virus, worm, logic bomb, bug or any other form of malicious or technically harmful data, code, link or information;
- is not violent, threatening, abusive, pornographic, defamatory, discriminatory, obscene or otherwise morally objectionable (in our reasonable opinion);
- does not harass or defame any person or organization;
- does not commercially market or promote any third party, product or organization;
- does not seek to or attempt to make any arrangement to meet a child under the age of eighteen (18);
- does not contain any restricted or security related content such as the passwords, medical information or confidential information of any person; and
- does not solicit, encourage, invite, advocate, request or provoke directly or indirectly any of the foregoing or any illegal activity or breach of these T&Cs.
- PURCHASABLE CONTENT AND VIRTUAL ITEMS
In the Service you may, where we make this functionality available, purchase a license to access or use certain content or virtual items, including but not limited to music, video, articles, virtual goods, services, tokens, or points or other content, all for use on or in the Service or, where we permit this functionality, on a streamed or downloadable basis (“Service Content”). We may also make certain Service Content available on a free, ad-supported or subscription basis.
Service Content is licensed, not sold, to you. On purchase (or, as applicable, on subscription or upon Service registration for free Service content), you are granted a limited, revocable, non-transferable, non-exclusive license to use the Service Content for your personal, non-commercial entertainment purposes. Upon your first receipt or use of any Service Content, subject to clause 8 below, the transaction is complete and non-refundable from us (subject to your statutory rights, as applicable).
- We may keep records of transactions and purchases in order to deal with any subsequent queries, and for our accounting purposes.
- We may modify, regulate or remove Service Content from the Service without notice and at our discretion in the course of controlling and curating our Service. You do not have any ownership or property in the Service Content other than the limited license described in these T&Cs.
- Trading, or commercially exploiting by any means, any Service Content is prohibited.
- SUBSCRIPTION SERVICES
- We may make the Service or a part thereof available to you on a subscription basis. If we provide the Service or a part thereof as a subscription, this clause 6 applies.
- Where we provide the Service as a subscription, the type of Service and Service Content that you will receive access to will depend upon your chosen type of subscription. Please review the information made available to you on the relevant platform or Store page and in your account (as applicable). Where you choose an auto-renewing subscription, the renewal period will be as specified on the relevant platform or Store page. Where no period is specified in that way, the renewal period will be monthly. Auto-renewing subscriptions will continue to automatically be billed for the subscription period unless and until you choose to cancel the subscription (at the price described on the relevant platform or Store description page).
- Your subscription will continue indefinitely until cancelled or terminated in accordance with these T&Cs. If you do not wish for a subscription auto-renewal, you will need to cancel your subscription using the relevant platform or Store page account and following the instructions made available there. If you delete the application or your account but do not cancel the subscription, it may continue on its auto-renewal basis. Please note that, if you choose to cancel your subscription or your subscription otherwise is ended, expires or is terminated, the content and Services provided to you pursuant to that subscription may then cease to be available to you. However, if you cancel a subscription, you will continue to receive Service access for the period that you have paid for up until the relevant subscription expiry date.
- If we provide you with a free-trial subscription, we have the right to terminate that free trial at any time.
- We may include third party advertising and marketing in the Service or Service Content to support the Service (for example, so that we can offer you the Service at no, or a reduced, fee).
- We may work with third party advertising agencies in relation to the serving of advertisements and marketing in our websites and Services. We do not moderate or control, and we are not responsible for, the content (including without limitation the morality, appropriateness or legality) of that advertising and marketing.
- COOLING-OFF RIGHT
1. Where you purchase through a Store or platform, the Store or platform may allow you to get a refund in respect of or in connection with a Service, in some cases. If you purchase from us, you are entitled to cancel purchases of virtual items and digital content you make through the Service within 14 days, and to receive a full refund (your "Cooling-Off Right"). However, you agree that if we begin to supply you with the virtual items or digital content before the end of that period, then you will no longer be entitled to change your mind about the purchase. If you wish to exercise your Cooling-Off Right you can contact us by email or post using the following form:
To: Moontrane Media Group, LLC (Email: firstname.lastname@example.org)
I hereby give notice that I withdraw from my contract for the following purchase: [INSERT ORDER ID, ITEM], ordered on [INSERT DATE].
From: [YOUR NAME]
[YOUR EMAIL / TELEPHONE (optional)]
- OUR LIABILITY
- Nothing in these T&Cs will limit any of your rights which may not be excluded under law. This means that, notwithstanding any other terms in these T&Cs:
- our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make;
- if a paid-for Service or paid-for item of Service Content is faulty when we deliver it to you, we will try to repair or replace it;
- if we can’t fix that fault within a reasonable time, or without significant inconvenience, you are entitled to all or some of your money back that you paid to use the Service (where applicable); and
- if, as a result of the fault, the Service or Service Content damages your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
- Other than as mentioned above, our overall liability to you is limited to the price you paid to use the relevant Service or, where no price was paid, $20.
- The Service and our websites, along with any updates, upgrades and any additional content, are provided “as is”. That means we do not make any promises to you about the Service or Service Content other than that they will be of satisfactory quality, as described, and fit for purpose.
- We will use reasonable skill and care to provide the relevant Service, but we cannot guarantee there won’t be any errors, bugs or interruptions to the Service, or that our Services will not cause any problems with your device.
- If we release a version of a Service or some Service Content which is not yet complete, because we want to give you early access, then you will need to bear in mind that it may have some errors, bugs or interruptions or be partially complete only.
- Any views expressed in the Service or our Service Content are either fictional or are the views of the authors and not necessarily of us, unless we expressly specify otherwise.
- Please take care when disclosing any information about yourself on or through our Service. A known risk of the public internet is people not necessarily being who they say they are, or behaving in an unreliable, misleading or illegal way. We cannot control information you choose to provide to other users, where our Service include facilities for you to interact with others. We strongly recommend that you exercise caution, act sensibly and not disclose any information which you do not wish to have disseminated into the wider public internet. Any disclosures of your information by you to other users are made by you at your own risk. Once information is disclosed by you in this way, it may not be possible for us to prevent its dissemination over the public internet.
- INTELLECTUAL PROPERTY
- All intellectual property rights in the Service, and our Service Content, throughout the world belong to us and our licensors, and the rights in the relevant Service and Service Content are granted to you by way of a limited license (and are not sold) to you. You have no intellectual property rights in, or to, the Service or Service Content other than the right to use the relevant Service and Service Content in accordance with these T&Cs on the applicable platform / Store and device. Except as otherwise expressly provided in these T&Cs, all rights are reserved by us and our licensors.
- STORE TERMS
The Service Provider uses the SupaPass platform to deliver some of the Services. That platform is operated by MBASO Ltd, a company incorporated in England with company number 07786534 (“SupaPass”). You and Service Provider acknowledge and agree that: (a) these T&Cs are concluded between you and Service Provider only and not with SupaPass; (b) the Service Content is provided by Service Provider and SupaPass shall have no responsibility for such Service Content; (c) SupaPass has no obligation to provide any support, maintenance or other services to you; (d) SupaPass may terminate or suspend services upon which the Services rely, which may degrade or limit the availability of the Services, in the event that you breach these T&Cs or your agreement with SupaPass; (e) in the event that any of these T&Cs and any term of your agreement with SupaPass conflict or are inconsistent, then the terms of your agreement with SupaPass will take precedence.
- The following terms of this clause are the terms which we are required by Apple to notify you of and obtain your consent of in respect of using the iOS versions of the Services:
You, and Service Provider, acknowledge that these T&Cs are concluded between you and Service Provider only, and not with Apple Inc., nor any subsidiary or affiliate company of Apple Inc., (“Apple”). You also acknowledge that we are solely responsible for the Services and the content therein.
Subject to your compliance with all conditions of these T&Cs we grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and license to use one copy of the relevant Service for your personal, non-commercial use on the compatible iOS product which you own or control, and as permitted by the usage terms and conditions set forth in the App Store Terms of Service (https://www.apple.com/legal/
- We are solely responsible for providing support and maintenance for the Services. You and Service Provider acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
- You acknowledge that Service Provider, and not Apple, is responsible for addressing any claims you may have relating to the Services or your possession and/or use of the Services, including but not limited to:
- product liability claims;
- any claim that the Services fail to confirm to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation.
- You acknowledge that in the event of a third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, then Service Provider shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
- You confirm that:
- you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and
- you are not listed on any US Government list of prohibited or restricted parties.
- You acknowledge and agree that Apple are third party beneficiaries of these T&Cs, and that when you accept the terms and conditions of these T&Cs, Apple will have the right (and will be deemed to have accepted the right) to enforce these T&Cs against you as a third party beneficiary thereof.
By downloading the Service app from the Google Play store, where applicable, you acknowledge that you have reviewed and accepted the Google Play Terms of Service (available online here: http://play.google.com/about/play-terms/index.html) and Google Play Terms of Service (which are available here: https://play.google.com/intl/en-GB_uk/about/device-terms.html).
- The ways in which you can use the Services may also be controlled by the other relevant Store’s terms and conditions and policies as made available to you by the Store. To the extent that there is a conflict between the terms of these T&Cs and the relevant Store’s terms from which you purchased (where applicable), accessed or installed the Services, the Store’s terms shall prevail to the extent of the conflict.
- OPERATING SYSTEM AND DEVICE REQUIREMENTS
- Please review the Service-specific minimum requirements made available to you in the relevant Service description / Store page information to ensure that the Service is compatible with your device. An internet connection may be required.
- TERMINATION AND SERVICE OUTAGE
- We may temporarily discontinue any or all Services, Service Content, websites and any and all services and content available through them at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavors to limit the length of time this occurs for.
- We may end your rights to use the Services or Service Content at any time in the event that you breach these T&Cs. If what you have done can be put right, we may, in our sole discretion, give you a reasonable opportunity to do so. Where you have paid for a Service or for Service Content, content or services in connection with a Service and your rights have been terminated in accordance with this clause because of your breach of these T&Cs, we may not refund you.
- We may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you. This may happen, without limitation, because we choose to end the availability of a particular Service and/or Service Content. If your use of the Service and/or Service Content was provided to you free of charge, you will not be entitled to compensation in this event. If you paid for the Service or for Service Content, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for (for example, where you have had access to the paid-for Service Content for over six (6) months in a Service). Where you have not had a reasonable period of opportunity to enjoy the paid-for Service or paid-for Service Content, we may offer you a partial or full refund.
- Upon termination of your account / profile for any reason, any in-Service user-generated posts and content, Service Content or information in connection with the Service and your account may not be retained, reinstated or accessible. These may not be recoverable by us once they are deleted or made inaccessible.
- These T&Cs do not affect any legal rights you may have under the law which cannot be excluded or limited.
- We may change or update these T&Cs from time to time, but changes only affect you to the extent they can legally apply. For example, if we release an update with a new set of T&Cs, and you don’t use the update, then the old set of T&Cs applies, but if you do use the updates or if you use parts of the Service that rely on our ongoing online services then the new T&Cs will apply. Please check back here from time to time in case of updates to the T&Cs.
- We may transfer our rights and obligations under these T&Cs to another organization. We will let you know if that happens and we will ensure that your rights under these T&Cs are unaffected. You may not transfer your rights or obligations under these T&Cs unless we expressly agree to the transfer in writing.
- Even if we delay in enforcing these T&Cs and/or our rights, we can still enforce these T&Cs and/or our rights later. If we do not insist immediately that you do anything you are required to do under these T&Cs, or if we delay in taking steps against you in respect of your breaking of any term of these T&Cs, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- These T&Cs are governed by US law and you can bring proceedings in respect of the relevant Service or these T&Cs in the US courts. In addition, you may have the legal right to bring proceedings in your local jurisdiction and if this is the case then you may bring proceedings there.