Moonstone & Marshmallow’s
“Normal-Person-With-No-Legal-Experience-Use-Common-
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TERMS OF USE
Last updated: (January 15th, 2019)
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the http://www.ontembaarbusiness.wix.com/MoonyNMarsh website operated by Moonstone & Marshmallow ("us", "we", or "our").
Definitions:
“We”, “Us”, “Our”, and “Company” refers to Moonstone & Marshmallow and its subsidiaries or partners.
“Creator” or “Artist” refers to the original artist, maker, creator, owner, etc. of an intellectual piece.
“Services” refers to related forums, chatrooms, and messages, customer support for the website, and related services such as analytics, billing, and ads.
“Intellectual piece”, “art”, “product” or “property” can all refer to a piece owned by one of the creators.
By accessing or using Services, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained on Services are protected by applicable copyright and trademark law.
Age
This Service is offered and made available only to users meeting the minimum legal age to provide their own consent to data processing, collection, and use (e.g., at least 13 years of age in the US and at least 13 to 16 years of age in the EU, depending on the country).
Regarding NSFW Artists:
We will support NSFW artists, and will require these artists pages to be placed behind certain barriers to prevent those under 18 years of age to access them. Off-site, it is not the company's responsibility.
If you do not meet the minimum legal age, please discontinue using the Service immediately, or if for any reason, you do not agree with all of the terms contained in this Agreement, please discontinue using the Service immediately. By using or attempting to use the Service, you certify that you are at least the minimum age and meet any other eligibility requirements of the Service. If you are found to be under the minimum age, your account may be terminated without notice.
Account
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You agree to provide accurate information upon registration. This includes your own name, your own valid email address, and your own date of birth. This information must remain accurate, and must be updated if your circumstances change.
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It is the user's responsibility to create a strong password and keep that password secure from the knowledge of others.
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Members may not share accounts. This includes sharing account details with any other member.
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You agree to register a maximum of one account per individual user.
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Your privilege to use the Services is not transferable. Your account may not be given away or sold to another user or person.
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Company may ban or suspend an account at any time, for any reason, without notification.
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Discussion of, or relating to, specific incidents of account suspension or termination is not permitted on the Services, including forums/blogs. Any and all inquiries regarding an account action should be directed to Contact Us by any affected parties. This is to protect the account owner. Please keep in mind that the Company staff, to protect player privacy, will never disclose account-related issues with anyone but the owner of the affected account.
Links
Company has not reviewed all of the sites linked to or from its Services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Company of the site. Use of any such link is at the user's own risk. Nothing in this agreement is intended to, or shall be deemed to, establish any joint controller relationship under the General Data Protection Regulation (and similar laws) between Company and its partners, API users, SDKs, and sites or apps that we link to.
Copyright
All of the contents and elements of Services, unless otherwise stated, are copyrighted by Company or their creators.
Art/Product will have creator(s) listed, and proper link(s) attached to the creator’s specified page(s) and product(s).
Conduct
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You may not use the site for unlawful purposes. This includes posting, distributing, or promoting content that is illegal.
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You may not post unsolicited advertising in chat or private messages.
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Distributing material which may cause harm to Services or its users is not permitted. This includes programs designed to damage, disrupt, or allow unauthorized access to user accounts.
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Do not publish your sensitive information or the information of others
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You may not impersonate another person or imply that you are a Company employee.
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Harassment of other users is not permitted. This includes abusive language, spamming, or encouraging other users to target an individual by proxy.
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Comments that are abusive, aggressive, personally insulting, or threatening are not permitted.
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NSFW content is only for 18+ and will be strictly regulated to the highest extent available to the artists and/or owners ability.
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You must agree to and abide by Rules & Policies for all places where players can input text, including but not limited to: usernames, blog posts, artist pages.
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The use of bots, scripts, or third party software that shortcut or alter site functions to run or appear in ways that are not intended by site design is not permitted.
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The use of bots, scripts, or third party software that generate an excessive amount of concurrent connections or potentially damage site stability is not permitted. This can fall under the realm of using browser functions, add-ons, extensions, etc. to hit Company or Services’ server infrastructure in repetitive or disproportionate ways. These incidents will be reviewed thoroughly on a case-by-case basis.
Use License
1. Permission is granted to temporarily download one copy of the materials (information or software) on Services for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
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use the materials for any commercial purpose;
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attempt to decompile or reverse engineer any software contained on Services;
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remove any copyright or other proprietary notations from the materials; or
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transfer the materials to another person or "mirror" the materials on any other server.
In no event shall Company be liable for any damages arising out of the use or inability to use Services. Periodic downtime for maintenance and bug fixing should be expected.
Purchases
If you wish to purchase any product or service, you may be required to provide certain personal information, which will not be used other than payment for your requested product and/or service. Products/Services made available through external websites will utilize their Terms of Use and Privacy Policies (i.e. RedBubble or Etsy).
Each artist/creator will specify their preferred/usable methods of payment/billing
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the authenticity of these materials and their appropriateness according to these Terms to be posted/used on the website.
As long as your product abides by these Terms and the Terms of any other website(s) handling sales/shipping/billing, we have no issue hosting your product links on your personal Artist page.
Changes
Company may revise these terms of service for its web site at any time. Updates to the terms of service may be noted in the news section of the site. By using our Services you are agreeing to be bound by the then current version of these Terms of Use.
We may mark the date that specific sections received major changes in these Terms. These notices solely to draw attention to readers – these dates are non-binding, may not reflect all changes, and their absence should not be taken to infer that a section has not been changed.
Please see the date at the top of the page for the best information on when these Terms were modified.
Contact Us
If you have any questions about these Terms, please contact us @ ontembaar.business@gmail.com or use one of our many social media contacts.
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