IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!
intellectual property license
LIMITATION OF LIABILITY AND INDEMNIFICATION
The Website provides services including but not limited to: Portrait photography services, prints, gift cards, and any other documents (“Company Services” or “Products”) provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Website, obtained from The Moonsea. All such products are the intellectual property of and are owned by The Moonsea.
By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of The Moonsea’s Website and Products immediately.
Understand that by using the Website, any Products, services or applications for you tender payment or otherwise obtain through the Website, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.
Company makes no representation that the Website is appropriate or available in other locations other than where it is operated by Company. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent of local laws are applicable.
Company bills you through an online billing account for purchases of products and/or services. You agree to pay Company all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until you cancel the applicable product or service. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payment shall be made in US dollars.
The Moonsea is a resource through which you may obtain portrait photography services, prints, and gifts cards.
The Moonsea will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. The Moonsea will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. The Moonsea is the sole manager of such information collected on the Website. The Moonsea will use such information to respond to you as necessary. You grant The Moonsea a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a Product or service, such as for shipping of Products.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Company Services (“Submissions”) provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
Links on the Website may be affiliate links controlled by parties other than The Moonsea to help support the maintenance of the Website. The Moonsea does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate links and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release The Moonsea from any loss or damage incurred from dealing with such affiliate.
Stock photography may be used on the Website – all images are being used under license through the company providing the stock images.
The Moonsea owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Website (“Marks”) (except those licensed from others); (b) any Products and portions therefore; (c) all things otherwise provided to you as a part of The Moonsea’s services, and; (d) any other copyrights and intellectual property rights afforded to The Moonsea, either through state or federal registration or as otherwise available at common law (“Intellectual Property” or “Company Content”). The Moonsea does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Website.
You agree not to make unauthorized use of or otherwise infringe upon The Moonsea’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. The Moonsea will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.
You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.
PRODUCTS ARE PROVIDED “AS IS”. THE MOONSEA OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
OBTAINING MATERIALS AVAILABLE THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE MOONSEA MAKES NO WARRANTY THAT THE SITE, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.
EXCEPT AS PROHIBITED BY LAW, THE MOONSEA SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED BY LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO THE MOONSEA, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.
These Terms shall be construed in accordance with, and governed in all respects by, the laws of the state of Florida. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the city of Sarasota, Florida.
The Moonsea reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of The Moonsea’s Products, Materials and services.
Any questions regarding the above Terms may be directed to:
All rights reserved © Copyright 2017 The Moonsea