2. TERM, FEES AND PAYMENTS Applicable fees for Services may include a periodic (e.g., monthly, quarterly or annual) subscription fee based on the particular Service requested, transaction fees, taxes, and additional fees for the purchase of physical DVDs and other merchandise.
(a) Free Trial Period Once you have registered for a subscription to the Service(s) of your choice, we may offer you a one-time, free trial period during which you can try out such Service(s) for free ("Free Trial Period"). The length of any such Free Trial Period, and the particular Services included, may vary from time to time, and will be indicated at the time you register for your subscription. If you terminate your subscription prior to the expiration of the Free Trial Period, you will not have any financial obligation with respect to your subscription, and your credit card will not be charged for your use of the Service. However, you will be charged for any Services you choose to access that are not included within the free trial; for example, if your free trial does not include purchases from the online merchandise store, you will be charged the applicable fee for any merchandise obtained through the store. The Free Trial Period will expire at midnight Pacific Time on the last day of the Free Trial Period, and your initial paid subscription will automatically be activated at 12:01am on the day following the last day of your Free Trial Period ("Activation Date"). Each user is entitled to a Free Trial Period only one time per Service. If you subscribe to a Service after you have already received a Free Trial Period on such Service, your credit card will be billed immediately upon registration. Free trials are also limited to one per credit card. Should two customers use the same credit card to subscribe to FULL MOON STREAMING, only the first customer is eligible to receive a Free Trial Period.
(b) Initial Subscription Payment By registering for one of the Services, you agree that if you do not cancel your subscription before the expiration of your Free Trial Period, you will pay the applicable fees for the Service that you select upon registration. If you do not cancel your subscription prior to the expiration of the Free Trial Period, we will charge your credit card, on your Activation Date, the applicable fees indicated at the time you registered for the subscription. Your applicable fees will automatically be charged to the credit card you designated as the credit card to be billed for your account.
(c) Automatic Subscription Renewal Unless you notify us of your decision to terminate your subscription, your subscription will automatically renew at the end of each subscription term. Your renewed subscription will have the same duration as the subscription being renewed (e.g. one month, one quarter, etc.). At the time of renewal, your credit card will be charged our then-current fees for the applicable subscription, provided that if the fee for your renewal Service has increased, we will notify you at your designated email address at least fourteen (14) days prior to renewal so that you have an opportunity to elect not to renew.
(d) Your Billing Date Your credit card will be charged for the renewal term of your Service on your billing date ("Billing Date"), based on the type of subscription (e.g., on a particular date each month for a monthly subscription; on the three-month date for a quarterly subscription; on the anniversary for an annual subscription, etc.). If, however, your Activation Date is on the 29th, 30th or 31st day of a month, and your Billing Date does not exist in a particular month because there are fewer than thirty-one (31) days in the month payment is due, your Billing Date for that particular renewal will be on the last day of the month in which your Billing Date would otherwise be.
(e) Early Termination Some subscriptions are provided and priced based on your commitment to subscribe for a minimum period of time, e.g. six months or twelve months. Such minimum commitment is based on your Billing Date, rather than the first or last day of a calendar month. You acknowledge that, in the event of early termination by you, we may incur costs and/or diminution in the value of the agreement that may be difficult to measure. Therefore, in the event of early termination for any reason (including voluntary termination by you or credit card expiration), the early termination fee stated at the time of registration may be charged to you as FULL MOON STREAMING's liquidated damages resulting from your early termination.
(f) No Warranties WITHOUT LIMITING ANY PROVISION HEREIN, FULL MOON STREAMING MAKES NO WARRANTY THAT ANY PARTICULAR COMPUTER, PORTABLE DEVICE, OR OTHER HARDWARE WILL BE COMPATIBLE WITH FULL MOON STREAMING'S APPLICATION OR THAT ANY MOVIE ACCESSED WILL FUNCTION ON ALL COMPUTERS. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR DEVICE OR OTHER SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE APPLICATION.
(g) No Refunds All fees paid and charges made prior to termination as provided herein, including any advance charge or payment for the subscription term during which you terminate your subscription, are nonrefundable. Termination of your subscription shall not relieve you of any obligations to pay accrued charges.
(h) Methods of Payment and Credit Card Terms All payments must be made by VISA, MasterCard, or Discover Card. We do not accept cash, checks or any other payment form. AS BETWEEN YOU AND FULL MOON STREAMING, YOU, AND NOT FULL MOON STREAMING, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHO HAD ACCESS TO YOUR CREDIT CARD OR CREDIT CARD NUMBER, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU. You agree to pay all fees and charges incurred in connection with your subscription and its password (including any applicable taxes) at the rates in effect when the charges were incurred. If FULL MOON STREAMING does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by FULL MOON STREAMING. (i) Unauthorized Charges Unless you notify FULL MOON STREAMING of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your credit card statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release FULL MOON STREAMING from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to FULL MOON STREAMING within sixty (60) days of its first appearance on an invoice or credit card statement.
(j) Late Payments Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription to the applicable Service(s). (k) Taxes The price for service excludes all taxes unless stated otherwise. We collect taxes at the rate in effect at the time your transaction is completed. If the tax rate changes before the transaction is completed, the new tax rate in effect will apply. We cannot accept exemption certificates for purchases made online. Contact customer service if this transaction is exempt from tax.
(l) Transaction Fees FULL MOON STREAMING may impose an additional transaction fee based on transactions associated with Services, including a transaction fee applied to your periodic subscription fee. Such transaction fee will be disclosed to you prior to your agreement to the relevant transaction, such as through the order path for a subscription Service, by email notification concerning your Services and applicable fees, or in a similar, explicit manner.
(m) Credit Card Authorization If you request access to the online merchandise store, or to certain other Services for which a fee is charged based on each individual transaction, FULL MOON STREAMING may seek authorization of your credit card to validate your ability to charge the fees to access the applicable Services prior to the first purchase. The authorization amount is typically $20, but may vary based on the relevant Services. It is standard for online movies. This authorization is not a charge. However, this authorization may reduce your available credit by the authorization amount until your bank's next processing cycle.
(n) Modifications to Fees or Billing Terms FULL MOON STREAMING RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS SUBSCRIPTION FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY FULL MOON STREAMING, UPON EFFECTIVE NOTICE TO YOU, WHICH SHALL INCLUDE NOTICE SENT TO YOUR DESIGNATED EMAIL ADDRESS. If any such change is unacceptable to you, you may terminate your subscription. Your continued use of the Service(s) following the effective date of a change to fees or billing methods shall constitute your acceptance of such change. YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU GIVE CONSENT TO FULL MOON STREAMING TO EMAIL YOU WITH NOTICES CONCERNING A MATERIAL CHANGE IN THE TERMS OF THIS AGREEMENT, THE APPLICATION OR SERVICE(S) TO WHICH YOU HAVE SUBSCRIBED.
3. TERMINATION (a) Termination By You Once you have terminated your subscription, we will stop billing your credit card until and unless you re-subscribe to a Service. However, please note that there may be an early termination fee, as described in Section 2(e) above, based on your subscription. All fees paid and charges made prior to termination as provided herein are nonrefundable, including any advance charge or payment for the subscription term during which you terminate your subscription. Termination of your subscription shall not relieve you of any obligations to pay accrued charges.
(b) Termination By Us You agree that FULL MOON STREAMING, in its sole discretion, with or without prior notice, may freeze or terminate your user name, password or use of the Application and/or Service(s) (or any part thereof) for any reason, including, without limitation, if FULL MOON STREAMING believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or the FULL MOON STREAMING End User License Agreement. FULL MOON STREAMING may also in its sole discretion and at any time modify or discontinue providing the Application and/or any Service, or any part thereof, with or without notice. Further, you agree that FULL MOON STREAMING shall not be liable to you or any third-party for any interference with or termination of your access to the Application and/or any Service.
4. CUSTOMER SERVICE You understand and agree that FULL MOON STREAMING is solely responsible for all customer service, help, billing and account issues related to your subscription. Neither your ISP nor any third party website through which you may have accessed any Service is responsible for customer service, help, billing and account issues related to your subscription. You agree not to direct any questions, requests for assistance, or inquiries about the Application or any Service to your ISP or to any third party website through which you may have accessed the Application or any Service. For assistance, please contact Customer Service.
5. YOUR ACCOUNT INFORMATION (a) True and Complete You agree to provide true, accurate, current and complete information about yourself and your billing information as prompted by the subscription process (such information being the "Account Information").
(b) Updating Your Account Information You may update any of your Account Information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated card by selecting the "My Account" menu page and then clicking the appropriate link in the My Account section.
(d) Stolen Account Information Your Responsibility You are solely and entirely responsible for maintaining the confidentiality of your password, and for any and all activities that occur under your account. If you believe someone has accessed any Service using your user name and password without your authorization, it is your responsibility to set up a new password by clicking on the Account Status link on the Application and selecting the appropriate link.
6. INTELLECTUAL PROPERTY RIGHTS Only you may access the Services using your username and password. The Services available through the Application, and the Application itself (including the Content), are the property of FULL MOON STREAMING or its licensors and are protected by copyright and other intellectual property laws. The Services provided through the Application may be used for your personal, non-commercial use and for promoting FULL MOON STREAMING for the purpose of its Affiliate Program. You agree not to (i) reproduce, record, retransmit, redistribute, disseminate, sell, rent, lend, broadcast, publicly perform, adapt, sub-license or circulate the Application or any Content received through the Application or any Service (including music content) to any third party except for the purpose of the FULL MOON STREAMING affiliate program, (ii) exploit any such Content or the Application for commercial purposes without the express prior written consent of FULL MOON STREAMING, or (iii) to share your password with any third party. You may not make any unauthorized copies of the Application or the Content obtained through the Services, and may only make such copies as are reasonably necessary for your personal, non-commercial use or use for the FULL MOON STREAMING affiliate program. Because the Services are designed for personal use, you are not allowed to use any automated system for the selection or streaming of files. You further agree to indemnify and hold harmless FULL MOON STREAMING for your failure to comply with this section.
FULL MOON STREAMING and its licensors retain exclusive ownership of the Application, the Content, the Services, and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Services, the Application or their contents. FULL MOON STREAMING and its licensors reserve all rights not expressly granted hereunder. You shall promptly notify FULL MOON STREAMING in writing upon your discovery of any unauthorized use or infringement of the Services (or their contents) or any patent, copyright, trade secret, trademarks or other intellectual property rights of FULL MOON STREAMING or its licensors. The Application and the Services contain proprietary information that is protected by copyright laws and international treaty provisions. FULL MOON STREAMING expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your service immediately for your failure to comply with any such local, state or federal law.
7. TECHNOLOGY LIMITATIONS AND MODIFICATIONS TO SERVICE FULL MOON STREAMING will make reasonable efforts to keep your account and the Service(s) operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We will make reasonable efforts to notify you at least twenty-four (24) hours in advance of any downtime that we anticipate in advance will exceed one hour. FULL MOON STREAMING also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Application and Service(s) with or without notice. Due to contractual or other limitations, from time to time, some tracks available in any particular catalog may no longer be available. FULL MOON STREAMING reserves the right to change or remove the tracks and albums available in any catalog at any time. FULL MOON STREAMING shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Service(s).
8. DISCLAIMER OF WARRANTY THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FULL MOON STREAMING AND ITS LICENSORS, AND ITS DISTRIBUTION AND SYNDICATION PARTNERS, DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. FULL MOON STREAMING MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FULL MOON STREAMING MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. FULL MOON STREAMING MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATION.
9. LIMITATION OF LIABILITY THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE SERVICE(S) REMAINS WITH YOU. IN NO EVENT SHALL FULL MOON STREAMING OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS SUBSCRIPTION AGREEMENT OR THE USE OF OR INABILITY TO USE ANY SERVICE, EVEN IF FULL MOON STREAMING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WE OR ANY OF OUR LICENSORS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE APPLICATION OR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES. FULL MOON STREAMING'S LICENSORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT, AND SHALL HAVE THE RIGHT TO ENFORCE THIS AGREEMENT AGAINST YOU.
10. MODIFICATION OF SUBSCRIPTION AGREEMENT FULL MOON STREAMING may modify this Agreement at any time in its sole discretion. If we make a material change to the this Agreement, a "change of terms" notice will be posted and we will use reasonable efforts to notify you by email at the email address on file for your account. If any modification is unacceptable to you, you agree that your only recourse is to terminate your subscription to any of the Service(s) as provided herein. Your continued use of any Service following our posting of a change of terms notice, an email notice to you, or a new Agreement on the Application will constitute your binding acceptance of the change, until such time as you terminate your subscription.
11. INDEMNIFICATION You agree to indemnify and hold FULL MOON STREAMING and its parents, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to your violation of this Agreement, or your violation of any law, regulation or third-party right.
12. GOVERNING LAW This Agreement shall be governed by the laws of the State of California, United States of America, without regard to or application of any choice of law or conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Los Angeles, in the State of California. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If either FULL MOON STREAMING or you employs any attorneys to enforce any rights arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
13. GENERAL No delay or failure to take action under this Agreement shall constitute any waiver by FULL MOON STREAMING of any provision of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. This Agreement (including all documents expressly incorporated herein by reference, including but not limited to the FULL MOON STREAMING End User License Agreement) constitutes the complete and exclusive agreement between FULL MOON STREAMING and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. NOTE: FULL MOON STREAMING is a trademark of Full Moon Features.
Last modified: October 22, 2013