Terms of Service

The following Terms of Service (or “Terms of Use”) set forth the conditions under which users have access to the Moonshot app, website and its services (“the Service”). Moonshot is a platform that allows users to publish their photos, videos and other general multimedia content authorized by the Service (‘User Content’) for the purpose of participating in photo contests.

The use of the Services offered by the App implies full acceptance of these conditions of use. If you do not agree in whole or in part with these conditions of use, do not install or use the Service.

By accepting the following Terms of Use, the User states the following:

1. He/She has read and understood all of the above.

2. He/She accepts the obligations established in this document.

3. He/She is of legal age and has the legal right to use the service or, being a minor, has the authorization of his legal guardians to use the App. Any use or access to the Service by anyone under 13 years old is strictly prohibited and in violation of this Agreement.

The User’s acceptance is the first necessary step before using the service. The service operator reserves the right to make any changes or updates to the Terms of Use at any time, which, as soon as they have come into effect, must be accepted by the user in order to continue using the Service. It will be considered accepted if the user continues to use the Service after the effective date on which the changes have been made.

Additionally, you must abide by our Rules, which are found here: [Community Guidelines], and are incorporated into the Terms. Please read the Rules, which include important rules and guidelines governing the behavior we expect of Moonshot users, as well as the actions we may take if you do not follow the Rules.

When we use the term “user” in these Terms, we mean any user of Moonshot, regardless of whether you create a registered user account.

Neither Moonshot Labs nor the application has any relationship with Apple Inc. or any other company. Apple Inc. and any other company are completely released from any responsibility for the creation and computer development of the Application.

Service Operator

The operator and owner of the service is Archbox S.r.l. (hereinafter, ‘Moonshot Labs’ or the ‘Company’), with registered office in Italy, Modena, Viale Corassori 62, support@moonshotsocial.app , with Partita IVA (Italian tax identification number) 03707120360.

Use of Our Service and User Account

You may use the Service only if you can form a binding contract with Moonshot Labs, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 years old is strictly prohibited and in violation of this Agreement.

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Moonshot Labs reserves all rights not expressly granted herein in the Service and the Moonshot Content (as defined below).

To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. The user for creating an account must accept these Terms of Service and the Privacy Policy in order to use the Service. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.

You are solely responsible for the activity that occurs on your account, and you must keep your account secure. You must notify Moonshot Labs immediately of any breach of security or unauthorized use of your account. Moonshot Labs will not be liable for any losses caused by any unauthorized use of your account.

By accepting the terms of use, the User authorises the incorporation of his/her data into Moonshot Labs files and the use of such data in accordance with the provisions of the privacy policy.

Service Rules

The User is obliged to use the Service in accordance with current law, ethics and morality, public order and these Terms of Use. In addition, he must make proper use of the service and not use the Service to carry out illegal or criminal activities, or activities that may infringe on the rights of a third party or violate any regulation of the legal system.

The User, EXPRESSLY STATES:

He/She is the author of the photograph, image or video and has all the exclusive rights to the published content.
The image, picture or video does not violate any right of any third party.
The image, photograph or video does not violate the law in relation to its content.

Also, the User agrees to:

Not to disseminate any content or propaganda that may be racist, xenophobic, pornographic, or discriminatory, content related to terrorism or a violation of human rights.
Not to disseminate any content that may incite violence.
Do not disseminate content that incites, shows or makes advocacy of any type of animal abuse.
Not to disseminate content that undermines any right of a minor.
Not to disseminate, transmit or make available any type of information, elements or content that may violate the human rights and fundamental freedoms constitutionally recognized in international treaties, of a third party.
Not to disseminate, transmit or make available any type of information, elements or content that could be considered illicit or unfair advertising with respect to a third party.
Not to disseminate unsolicited or unauthorised advertising, advertising material, spam, fraud structures or any other type of request, with the exception of areas (such as commercial spaces) which have been specifically designated for these matters.
Not to disseminate, transmit or make available any type of information, elements or content without the authorization of the owner of the intellectual and industrial property rights that may reach this information, elements or content.
Not to disseminate, transmit or make available any type of information, elements or content that may be in violation of the privacy of communications, the right of a third party to its own image, the right of a third party to privacy and the law with respect to the personal data of a third party. More specifically, any user who posts content that includes an identifying image of an individual must have written consent.
Not to disseminate, transmit or make available photographs or any type of representation or image of a minor to a third party without the prior consent of his or her parents or legal guardian.
Not to publish any explicitly sexual content.
Not to avoid or attempt to avoid Moonshot security measures.
Not to commit fraud or not to use the Service in such a manner that could reasonably be considered evidence of fraud.
Not to copy, decompile, reverse engineer, disassemble, attempt to derive the source code, modify or create any work resulting from the application, all updates or any part of the latter.

The User acknowledges and accepts that Moonshot Labs will have to establish certain rules and limitations. Moonshot Labs reserves the right to remove or restrict any content that violates these conditions of use, as well as to remove or restrict the account of the User who violates the above mentioned conditions.

The User is obliged to exclude Moonshot Labs from any liability for any possible claim, fine, penalty or sanction that he/she may be forced to bear as a result of the User’s failure to comply with any of the rules of use set forth above. Moonshot Labs also reserves the right to claim the corresponding damages for the User’s non-compliance.

User Content Ownership and License

The acceptance of these Terms of use and, when uploading content to the application, expressly implies on the part of the User (or “Author”):

We don’t claim ownership over any Content that you post on Moonshot. “Content” means any content or creative expression that you’re able to upload or post on Moonshot, including text, images, animations, logos, or comments. However, when you post or transfer Content to Moonshot, you give us a non-exclusive, royalty-free, world-wide, perpetual, transferable license to use, store, reproduce, adapt (so we can properly post your Content), distribute and publicly display your Content in order to provide Moonshot.
Moonshot Labs is expressly authorized to assign the corresponding contract and rights arising therefrom to any third party without prior approval by the Author.

You are responsible for the Content you submit to Moonshot. You assume all risks associated with it, including accuracy, intellectual property claims, or any other legal rights claims. You represent and warrant that (i) you either own the Content you post, or that you have all necessary rights to post that Content on Moonshot, (ii) your Content does not infringe any third party’s rights and doesn't violate any law, and (iii) you can grant the licenses you grant in these Terms.
You understand and agree that you may be exposed to user Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Moonshot Labs shall not be liable for any damages you allege to incur as a result of or relating to any Content.

When you post on Moonshot, you are agreeing to allow other Moonshot users to view, distribute and display your Content. Consider the Content you post on Moonshot to be publicly available indefinitely since it may be distributed by other Moonshot users through social media or otherwise, or be cached on third party search engines, even after your Moonshot account is terminated. Be aware that it is extremely difficult to remove content from the Internet that becomes publicly available.

We reserve the right (though we have no obligation) to refuse or remove any Content you post or transfer to Moonshot for any reason.

Unless requested by law enforcement or the government, or as otherwise allowed by our Privacy Policy, we will never sell, distribute or share your Content outside of the Service without your permission. However, as mentioned above, other Moonshot users may distribute and share your Content outside of the Service.

At any time, you may delete your Content from Moonshot, or delete your account in your account “Settings.” Additionally, we reserve the right to terminate or suspend your account at any time, with or without notice. When your account is terminated, you no longer have the right to access or use Moonshot. When you delete Content or your account is terminated, we will use reasonable efforts to remove all of your Content from Moonshot. However, there may be a delay between your request and when the Content or account is publicly visible due to technical or operational limitations. Note that we do retain backups of Content on our servers, and some of your Content may remain on our servers (though not publicly visible) even after you ask to have it deleted. If you delete your account or Content, it may be permanently unrecoverable.

If you use a robot to post on Moonshot, or to sign up for multiple accounts, or to follow lots of other users, we may delete your account. If you follow too many other users we may delete your account if we feel you are not acting like a human being.

Property we Own and Restrictions

Moonshot Labs owns all rights to our logo, Moonshot, and our website, including any intellectual property rights related to them. You may not reuse, distribute, copy, or duplicate any part of Moonshot, including the Moonshot HTML/CSS, JavaScipt, logos, or visual design elements without express written permission from Moonshot Labs.

Use of the Moonshot Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Moonshot Labs under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Moonshot Labs does not waive any rights to use similar or related ideas previously known to Moonshot Labs, or developed by its employees, or obtained from sources other than you.

The Service contains data, information, and other content not owned by you, such as reputational or status indicators, in-world currency, and/or fictional property representing virtual achievements (for instance, badges or mooncoins) (“Moonshot Property”). You understand and agree that regardless of terminology used, Moonshot Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Moonshot Labs sole discretion. Moonshot Property is not redeemable for any sum of money or monetary value from Moonshot Labs at any time.
You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Moonshot Labs on our servers, including without limitation any data representing or embodying any or all of your Moonshot Property. You agree that Moonshot Labs has the absolute right to manage, regulate, control, modify and/or eliminate Moonshot Property as it sees fit in its sole discretion, in any general or specific case, and that Moonshot Labs will have no liability to you based on its exercise of such right. All data on Moonshot Labs servers are subject to deletion, alteration or transfer.

Privacy

We care about the privacy of our Users. You understand that by accessing or using the Services you consent to the collection, use and disclosure of your aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, disclosed, transferred and processed as set forth in our Privacy Policy, which is incorporated by reference herein.

Security

Moonshot Labs cares about the integrity and security of your personal information. Moonshot Labs uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

DMCA Copyright Policy

Moonshot Labs complies with the Digital Millennium Copyright Act (“DMCA”). We will terminate copyright infringers when legally required or appropriate.

If you see your Content on Moonshot being used without your permission, you can contact Moonshot Labs Designated Agent for receipt of infringement notices here:

by emailing support@moonshotsocial.app.

Your notice must comply with the DMCA. For your request to be valid under the DMCA, you must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on Moonshot; (d) Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and, e-mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

No Warranty

MOONSHOT AND ALL CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF MOONSHOT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOONSHOT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MOONSHOT LABS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT MOONSHOT LABS OR CONTENT ON MOONSHOT IS ACCURATE, RELIABLE OR CORRECT; THAT MOONSHOT WILL MEET YOUR REQUIREMENTS; THAT MOONSHOT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT MOONSHOT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. These limitations may not apply if the jurisdiction in which you reside does not allow these exclusions.

You understand that Moonshot Labs is not responsible or liable for, and you hereby release Moonshot Labs, to the fullest extent allowed by applicable law from: (a) your interactions or disputes you have with other Moonshot users, whether those interactions are through Moonshot or in the real, physical world, (b) your own acts and omissions, and (c) your Content. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOONSHOT LABS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOONSHOT LABS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MOONSHOT; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH MOONSHOT; AND/OR (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MOONSHOT LABS LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF MOONSHOT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) TOTAL FEES PAID BY YOU TO MOONSHOT LABS DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

Nullity and Inefficiency of Provisions

If any of the provisions included in these Terms of Use should be wholly or partially declared as void or inefficient, said nullity or inefficiency will only affect the specific provision or the corresponding segment leaving the remaining Terms of Use as subsisting in all other points, considering part or the entire provision to not be included.

Applicable Law and Competent Jurisdiction

These terms of use shall be subject to and construed in accordance with the laws of Italy and any dispute or claim in connection therewith shall be subject to the non-exclusive jurisdiction of the courts of the city of Rome.

Last update: October, 2021