Mooncloth Corp.
Website Terms of Use
Acceptance of the Terms of Use
Welcome to moonclothdesigns.com, the website of Mooncloth Corp. (the “Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively these “Terms of Use”), govern your access to and use of moonclothdesigns.com, including any content, subpages, functionality, and services offered on or through moonclothdesigns.com (collectively the “Website”).
Please read these Terms of Use carefully before you begin use of the Website. By using the Website, you accept and agree to be bound by and to abide by these Terms of Use and our Privacy Policy found hereunder, which is expressly incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
NOTICE TO CLIENTS. These terms govern the use of our website and ancillary services. When engaging us for Services, such Services are provided under the terms covered in our contractual agreements therewith between us.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. As with our Privacy Policy, we will do our best to update you with any material changes to these Terms of Use.
Products and Services
Certain products or services may be available exclusively online through the Website, or exclusively by direct order from us. While we have made efforts to display as accurately as possible the colors and images of our products, we cannot guarantee that what you see through your computer screen will be accurate; actual results of our Products may vary. We reserve the right to refuse or limit the sale of our product or services to any person, geographic location, or jurisdiction. We may exercise that right on a case-by-case basis, in our sole discretion.
We do not warrant that the quality of any product, service, information, or other material purchased or obtained by you from us will meet your expectations, or that any errors in the service will be corrected. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO OUR PRODUCTS, EXPRESS OR IMPLIED, INCLUDING BUT LIMITED, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT OUR PRODUCTS WILL BE LEGAL IN YOUR PARTICULAR JURISDICTION – PURCHASER TO PURCHASE OUR PRODUCT AT YOUR OWN RISK.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. Additionally, you are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy which can be found on this page, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and all its content, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Trademarks
The Company name, the terms, the slogans, the Company logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use; to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation; to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website; or to hack, install malware, redirect Website traffic, or undertake any other action which, as determined by us, may harm the Company or users of the Website.
Additionally, you agree not to: use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website; use any robot, spider or other automatic device, process or means to access the Website for any purpose including monitoring or copying any of the material on the Website; use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; use any device, software or routine that interferes with the proper working of the Website; introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper and intended working of the Website.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website [may include/includes] content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OFMERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Limitation on Liability; Indemnity
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MOONCLOTH CORP. AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Your Comments and Concerns; Notice to Company
This website is operated by Mooncloth Corp., a Delaware limited liability company. All notices of copyright infringement claims, feedback, comments, requests for support, and other communications relating the Website should be directed to: [].
End of Terms of Use.
Mooncloth Privacy Policy
We are committed to having an open and transparent policy with regard to your privacy as it relates to your use of our Services. These terms govern our use of any information you provide to us while engaging with us, whether for Services or otherwise. At any time, if you have any questions, please do not hesitate to contact us directly. We’re here to help.
Changes to Policy
We may update this Policy from time to time, if we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an e-mail. New versions of this Policy will never apply retroactively, but if you keep using our Services after a change, you accept the changes.
Last Update and Current Effective Date:
What this Policy is About
This Policy describes the information we collect from you and how we use that information. It also covers whether and how that information may be shared and your rights and choices regarding the information you provide.
By engaging with us for the use of our Services, you acknowledge that you have agreed to our Terms of Use and that you have read and understood this Privacy Policy.
What Information We Collect
When you engage us for Services or to purchase Products or use any of the Services we offer or provide, we need to collect and process certain information to effectively provide those Services. Depending on what Service you may use, that information may include:
Name
Address
Email
Further, in order to provide insight on the improvement of our products and services, we do utilize cookies and other unique tokens to identify users.
Information that is Shared Publicly
In an effort to utilize our Services, the following data may be shared with third parties (it is important to remember that at any time, you may request that we discontinue such sharing; always contact us directly for such requests):
None
Information that is Not Shared Publicly
The following data will not be publicly displayed or revealed to third parties:
Payment Information
Links to Other Websites and Services; Product Purchases through Storefront
From time to time, our Site and Services may include links or references to other websites or services whose privacy practices may differ from ours. When you use such other websites or services, the privacy policy and terms for those sites govern their services.
our Product store is hosted on Shopify, Inc., or other similar store as may change from time to time (the “Storefront”), and they provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Storefront’s data storage, databases and the general Storefront application and is governed by their terms of use and privacy policy. Typically, they store your data on a secure server behind a firewall, and if you choose a direct payment gateway to complete your purchase, then Storefront stores your credit card data, which is encrypted through the payment card industry data security standard (pci-dss) and your purchase transaction data is stored only as long as is necessary to complete your purchase transaction, after which is complete your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by pci-dss as managed by the pci security standards council, which is a joint effort of brands like visa, mastercard, american express and discover.
pci-dss requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Storefront’s terms of service or privacy statement which can be found on their respective sites.
third-party services
United States Law
MOONCLOTH is a United States based company. As a result, your information will be collected and processed in the United States. The US has its own laws governing data protection and government access to such information. The rules that protect your personal information under US law may differ from your home country. If you chose to use our Services, you agree to our Terms and this Policy.
European Union Users
Data protection laws in Europe further require a “lawful basis” for collecting and retaining any of the personal information from citizens or residents of the European Economic Area. Our lawful bases include:
Performing the Services we offer or performing a contract we have with our users. In certain cases, we need your personal data to comply with our contractual obligations to you.
Legal compliance. Sometimes the law requires us to collect and use your data. For example, tax laws may require us to retain records of monetary transactions.
Legitimate interests. Essentially, we strive to effectively provide our Services to you, and such collection of data, we believe, is a good and fair reason to use your data. We do so in ways which do not hurt your interests and rights. While we sometimes require your data to pursue these legitimate interests, we will always use your data as might be reasonably expected as part of running our business so that it does not materially impact your rights, freedoms, or interests.
Security
We take security very seriously. The security of your personal data is important o us. Generally, we follow industry-standard practices to protect, collect, and maintain your data. However, no method of transmission over the internet is completely secure, and so we cannot and do not guarantee its absolute security.
Your Rights
Your rights include an ability to access, correct, and request the deletion of your personal information. You can submit all request for access, corrections, and deletions at any time by contacting us directly, in writing, at the following information:
Mooncloth
Data Protection Division
Sarah Harf
Sarah@moonclothdesgins.com
19521 Seventh St. E
Sonoma, CA. 95476 USA
Subject to applicable law, if you are a citizen or resident of the European Economic Area, you also have the right to a) object to our use of your personal information and b) lodge a complaint with your local data protection authority.
Additionally, persons under the age of 18 are not permitted to use our Services on their own. We do not knowingly collect any personal information from children under the age of 13, nor are children under the age permitted to use our Services or purchase any product from us in any capacity.
End of Privacy Policy.
Thank you for visiting the Website.