Terms of Website
Your Acceptance of these Terms of Use
Please read these terms of use carefully before using this website as they represent a binding agreement (the “Agreement”) between each user of our website (“you” or “your”) and Moonrise (referred to as “Moonrise”, “we”, “us” or “our”).
If you wish to access and use our website, you must accept and agree to be bound by and comply with these terms of use. If you do not agree to these terms of use, then you must not access or use our website. Please read these terms as they contain restrictions and conditions on your use of this website, and they limit our liability to you.
You agree that these terms of use, and any related information, communications and agreements between you and us, may be made available or occur electronically.
These terms of use were last updated on the “Updated” date indicated above. We reserve the right, at our sole discretion, to modify these terms of use at any time. We will post such modifications on this website where they will become immediately effective on posting. You must review these terms of use on a regular basis to keep yourself apprised of any changes. If you disagree with any amendments, you may refuse the amendments and cease using the website. If you continue to access or use the website, you thereby agree to the amended terms.
Eligibility to Use the Website
You represent and warrant that, and you will use our website only if, at the time of use, you: (i) are at least the legal age of majority in your jurisdiction; and (ii) can lawfully enter into and form contracts in accordance with applicable local laws. If you are using the website on behalf of an organization, you represent that you have the authority to bind that organization to these terms, in which case “you” or “your” will refer to such organization. If you do not have such authority, or if you do not agree with these terms, you must not access or use the website.
Use of Our Website
Moonrise grants you (as a permitted user) a limited, revocable, non-exclusive, royalty-free, non-transferable license to access our website for your own personal or internal business use, and in compliance with all applicable laws. If you use the website beyond the scope of authorized access granted to you, or fail to comply with these terms, Moonrise may immediately suspend or terminate your license, without limiting any other right or remedy available to Moonrise.
Access and use of our website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Moonrise is not responsible for any delays, delivery failures, or other damage resulting from such problems, or from the unavailability of our website for any reason. You are solely responsible for any data charges and similar fees associated with your use of the website through a mobile device.
Moonrise has and will retain all right, title and interest in and to the website and Content (as defined below) and the software and systems used to provide them (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights), and all copies, modifications and derivative works of any of them. You acknowledge that you are obtaining only a limited right to access and use the website. No rights are granted to you under these terms other than as expressly set forth in this Terms of Use. All rights not expressly granted by these terms of use are reserved to Moonrise, or, if applicable, our licensors.
Notwithstanding anything else contained herein, we reserve the right to refuse to provide access to our website to anyone at any time for any reason, without any notice or liability.
Trademark and Copyright Information
Our website contains content including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”). Content displayed on or through our website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of our website or the collective work, and/or copying or reproducing our website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Moonrise.
You further agree not to reproduce, duplicate or copy content from our website without the express written consent of Moonrise, and agree to abide by any and all copyright notices displayed on our website. For greater certainty, (i) the use of the Content on any other website, including by linking or framing, or the mirroring of the Content on any other server, is prohibited without Moonrise’s prior written approval.
You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in our website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our website.
Although Moonrise does not claim ownership of content that its users post on our website, by posting content to any area of our website that is accessible to all users, you automatically grant, and you represent and warrant that you have the right to grant, to Moonrise an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content, and create compilations and derivative works from such content, as part of our website or otherwise.
Your privacy
We respect your right to privacy. All information that we may collect via our website is subject to our privacy statement, which is accessible at: www.moonrise.fund
Your conduct
To the extent that our website permits you to post, email, or otherwise make available content, you agree not to post, email or otherwise make available content that:
- is unlawful;
- includes personal or identifying information about another person without that person’s explicit consent;
- impersonates any person or entity, including, but not limited to, a Moonrise employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- is harmful, threatening, abusive, harassing, defamatory, pornographic;
- harasses, degrades, intimidates or is hateful toward an individual or a group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- constitutes or contains any form of advertising or solicitation, or that includes links to commercial services or websites;
- 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;
- disrupts the normal use of our website with an excessive amount of content, or that otherwise negatively affects other users’ ability to use our website; or
- employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our website.
You will be solely responsible and liable for any and all loss, damage, and additional costs that may be incurred by you, Moonrise or any other person as a result of your submission of any information on or through our website.
Moonrise reserves the right to refuse to post or to remove any content, in whole or in part, that, in our sole discretion, is unacceptable, undesirable or in violation of these terms of use. Moonrise furthermore reserves the right to take any action related to the website or to Content that is required to comply with applicable law.
Disclaimer Regarding Third-Party Content
Our website may offer access to third party websites and content available over the Internet (“Third-Party Content”). Moonrise generally exercises no control over such Third-Party Content. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You are responsible for viewing, accepting and abiding by the terms of use and privacy policies posted at these third-party websites. Inclusion of a link to third party content does not imply endorsement by Moonrise of such content. You further agree that Moonrise shall not be liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any Third-Party Content.
Third-Party Services
Our website may allow you to access and use services provided by third parties (“Third-Party Services”). You are responsible for all fees and taxes that may be charged for the use of Third-Party Services. You use any Third-Party Services at your own risk. Moonrise makes no representations or warranties with respect to, nor does it guarantee or endorse, any Third-Party Services. Moonrise does not guarantee the continued availability of Third-Party Services, and Moonrise may disable a Third-Party Service in our sole discretion. Your dealings with the provider of any Third-Party Services are solely between you and the provider. Accordingly, Moonrise expressly disclaims responsibility and liability for all Third-Party Services, and you agree that Moonrise shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third-Party Services. If you have any issues with a Third-Party Service, you must contact the provider of the Third-Party Service directly.
Disclaimer of Warranties and Liability
OUR WEBSITE (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Moonrise does not warrant the accuracy or completeness of the Content. Moonrise and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers, shall not be liable for any (i) direct damages in excess of CAD $100; or (ii) special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of the Content or our website. As noted above, Moonrise may make changes to our website at any time without notice. However, Moonrise makes no commitment to update the information contained herein.
Indemnity
You agree to indemnify and hold Moonrise and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of your use of our website, your violation of these terms of use, your breach of any of the representations and warranties herein, or your violation of any rights of another person.
Independent Relationship
Nothing in these terms of use shall be construed as forming a partnership or joint venture between Moonrise and you. Neither party to these terms of use will have the authority to bind the other by contract or otherwise or make any representations on behalf of the other. You acknowledge that Moonrise is acting independently from you, and that Moonrise will not be deemed, under any circumstances, to be your employee or agent for any purpose.
General Matters
These terms of use constitute the entire agreement between you and Moonrise regarding your use of our website, superseding any prior agreements between you and Moonrise. These terms of use and the relationship between you and Moonrise shall be governed by the laws of the Province of Ontario (and the federal laws of Canada applicable therein) without regard to its conflict of law provisions. You and Moonrise agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario. Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to the website or this Terms of Use, will be conducted solely on an individual basis. Neither you nor Moonrise will seek to have any such dispute heard as a class action. The failure of Moonrise to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision. If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms of use remain in full force and effect. You may not assign any of your rights and obligations under this Agreement; Moonrise may assign any of its rights or obligations under this Agreement at any time without notice to you. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.