MOATBOAT TERMS OF SERVICE

Welcome to Moatboat!  We are glad that you found us. Moatboat Corp. ("Moatboat," "we," or "us") offers digital experiences that let you interact with Moatboat’s digital assets on Moatboat’s platform through its applications (the “Application”) and website located at moatboat.com and other Moatboat-operated sites (collectively, the "Moatboat Site"), and other online services (collectively and including the Application and the Moatboat Site, the "Moatboat Service"). The purpose of these Terms of Service are to make sure that each of our users understand the guidelines by which they will be using our services.  Please note that by registering as a member or by using the Moatboat Service, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and Moatboat.


01

WHO MAY USE THE MOATBOAT SERVICE

Age Requirements:  You must be at least 13 years old to use the Moatboat Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the Moatboat Service. Please have him or her read this Agreement with you

Notice to Parents and Guardians:  By granting your child permission to use the Moatboat Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the Moatboat Service. If your child is using the Moatboat Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable their access. If you have questions about whether the Moatboat Service is appropriate for your child, please contact us at support@moatboat.com.

Warning:  Even if you are old enough to use the Moatboat Service and/or have your parent's or guardian's permission, some of the content available within the Moatboat Service may not be appropriate for you. Some content may contain mature subject matter. If you are under 18, do not view such content.


02

LICENSE TO USE THE MOATBOAT SERVICE

License:  Moatboat grants you a limited, non-exclusive license to access and use the Moatboat Service for your own personal, non-commercial purposes. This includes the right to view content available on the Moatboat Service and to interact with the digital assets on such platforms and in such ways as provided by Moatboat in Moatboat’s sole and absolute discretion. This license is personal to you and may not be assigned or sublicensed to anyone else. This license may be terminated by Moatboat at any time for any reason or no reason.

Commercial Use:  You may not use the Moatboat Service for commercial purposes without written permission from Moatboat.  If you are interested in obtaining a commercial license related to the Moatboat Service, please contact us at suppot@moatboat.com.

Restrictions:  Except as expressly permitted by Moatboat in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Moatboat Service or any source code therein. Nor will you attempt to circumvent any of Moatboat's technical measures or take any measures to interfere with or damage the Moatboat Service. All rights not expressly granted by Moatboat are reserved.


03

PRIVACY

Your privacy and rights are set forth in our Privacy Policy, which informs part of this Agreement. Please review the Privacy Policy to learn about:

  • What information we use and collect about you.
  • What we use that information for; and
  • With whom we share that information.

04

MEMBERSHIP

Registration:  To fully use the Moatboat Service, you must register as a member by providing a password and valid email address. You must provide complete and accurate registration information to Moatboat and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.

Email Address:  Any email address that you provide must be owned and operated by you or your organization. You may not use someone else's name, email, or any name or email that violates any third party right, or a name or email that is obscene or otherwise objectionable.

Account Security:  You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Moatboat Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.


05

TERM AND TERMINATION; ACCOUNT DELETION

Term:  This Agreement begins on the date you first use the Moatboat Service and continues as long as you have an account with us or for as long as you access any Moatboat Service, whichever is later.

Account Deletion:  You may delete your account at any time. Accounts may be deleted from the Moatboat Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months.

Termination for Breach:  Moatboat may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Moatboat determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Moatboat's reputation and goodwill. If Moatboat deletes your account for the foregoing reasons, you may not re-register for the Moatboat Service. Moatboat may block your email address and Internet protocol address to prevent further registration.

Effect of Termination / Account Deletion:  Upon termination, all licenses granted by Moatboat will terminate. Sections 5 and 10 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Moatboat shall not be responsible for the loss of such content.


06

CONTENT RESTRICTIONS

You may not upload, post, or transmit any video, images, text, audio recordings, or other work (collectively, "content"), or interact with or manipulate any of the digital assets contained in the Moatboat Service, that:

  • Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Contains sexually explicit content or pornography;
  • Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  • Exploits minors;
  • Depicts unlawful acts or extreme violence;
  • Depicts animal cruelty or extreme violence towards animals;
  • Promotes fraudulent or dubious business schemes; or
  • Violates any law.

07

CODE OF CONDUCT

In using the Moatboat Service, you must behave in a civil and respectful manner at all times. Further, you will not:

  • Act in a deceptive manner by, among other things, impersonating any person;
  • Harass or stalk any other person;
  • Harm or exploit minors;
  • Distribute "spam";
  • Collect information about others; or
  • Advertise or solicit other to purchase any product or service within the Moatboat Site (unless you are an official Moatboat partner or advertiser and have written agreement with Moatboat).

Moatboat has the right, but not the obligation, to monitor all conduct on and content submitted to the Moatboat Service.


08

LICENSES GRANTED TO YOU

08.1 CONTENT

License to Moatboat:  As between you and Moatboat, in the event that you submit any original content to any Moatboat Service, you own such original content. By submitting content, you grant Moatboat and its affiliates a worldwide, perpetual, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content for any purpose or no purpose, including without limitation (i) displaying the content within the Moatboat Service; (ii) displaying the content on third party websites and applications through a video embed or Moatboat's API subject to your content privacy choices; (iii) allowing other users to play, download, and embed on third party websites the content, subject to your content privacy choices; (iv) promoting the Moatboat Service, provided that you have made the content publicly available; and (v) archiving or preserving the content for disputes, legal proceedings, or investigations.  All content created using only Moatboat’s digital assets and platform shall remain the property of Moatboat, and you shall not obtain any rights of ownership whatsoever in such content.  Subject to your content privacy choices, Moatboat reserves the right to, among other things, copy, transmit, distribute, publish, publicly perform and display, make derivative works from and permit other users or third parties to copy and make derivative works from any such content.

License to Users:  Subject to your content privacy choices, by submitting content you grant all users of the Moatboat Service a worldwide, perpetual, non-exclusive, royalty-free license and right to copy and make derivative works from your content for their personal, non-commercial purposes. The foregoing licenses are in addition to any license you may decide to grant.


09

YOUR REPRESENTATIONS AND WARRANTIES

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Moatboat and grant the licenses set forth above; (ii) Moatboat will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.


10

INDEMNIFICATION

You will indemnify, defend, and hold harmless Moatboat and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Moatboat Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Moatboat violates any law or infringes any third party right, including any intellectual property or privacy right .


11

THIRD PARTY COPYRIGHTS AND OTHER RIGHTS

Moatboat respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice to the following: support@moatboat.com.


12

DISCLAIMERS

Moatboat reserves the right to modify the Moatboat Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Moatboat Service. Moatboat has no obligation to screen or monitor any content and does not guarantee that any content available on the Moatboat Service complies with this Agreement or is suitable for all users.

Moatboat provides the Moatboat Service on an "as is" and "as available" basis. You therefore use the Moatboat Service at your own risk. Moatboat expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Moatboat makes no representations or warranties:

  • That the Moatboat Service will be permitted in your jurisdiction;
  • That the Moatboat Service will be uninterrupted or error-free;
  • Concerning any content submitted by any member;
  • Concerning any third party's use of content that you submit;
  • That any content you submit will be made available on the Moatboat Service or will be stored by Moatboat;
  • That the Moatboat Service will meet your business or professional needs;
  • That Moatboat will continue to support any particular feature of the Moatboat Service; or
  • Concerning sites and resources outside of the Moatboat Service, even if linked to from the Moatboat Service.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Moatboat Service, and no warranties shall apply after such period.


13

LIMITATION OF LIABILITY

To the fullest extent permitted by law: (i) Moatboat shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Moatboat's total liability to you shall not exceed the amounts paid by you to Moatboat over the twelve (12) months preceding your claim(s).


14

GENERAL PROVISIONS

Governing Law:  This Agreement shall be governed by the laws of the State of California, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

Disputes:   Any action arising out of or relating to this Agreement or your use of the Moatboat Service must be commenced in the state or federal courts located in the City and County of San Francisco, California, United States of America (and you consent to the jurisdiction of those courts). In any such action, Moatboat and you irrevocably waive any right to a trial by jury.

Interpretation; Severability; Waiver; Remedies:   Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Moatboat in exercising any right hereunder will waive any further exercise of that right. Moatboat's rights and remedies hereunder are cumulative and not exclusive.

Successors; Assignment; No Third Party Beneficiaries:  This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Moatboat's prior written consent. No third party shall have any rights hereunder.

Notices:  You consent to receive all communications including notices, agreements, disclosures, or other information from Moatboat electronically. Moatboat may provide all such communications by email or by posting them on the Moatboat Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to Moatboat at the following address:

166 Geary St. Ste 705, San Francisco, CA 94108 - Attention: Legal Department

Nothing herein shall limit Moatboat's right to object to subpoenas, claims, or other demands.

Modification:  This Agreement may not be modified except by a revised Terms of Service posted by Moatboat on the Moatboat Site or a written amendment signed by an authorized representative of Moatboat. A revised Terms of Service will be effective as of the date it is posted on the Moatboat Site.

Entire Agreement:  This Agreement and the Privacy Policy constitute the entire understanding between Moatboat and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same