Viewer Terms of Service

Last Updated: May 10, 2024

Moongloss.co. Terms of Service Agreement This Moongloss.co. Terms of Service Agreement (“Agreement”) is between you and Maryjosie.com. (for purposes hereof, “Moongloss.co”, “we” or “us”). The Agreement governs your use of the website (Moongloss.co) (“Site”), an online platform that allows consumers like you to purchase an online subscription to the Moongloss.co website (collectively, the “Services”).

Acceptance

By creating an account, watching videos, making a purchase through Moongloss.co, downloading, or otherwise visiting or using the Site, you accept this Agreement and agree to electronically enter into a contract with us.

If you are an entity other than a natural person, the person registering the account or otherwise using the Site must have the authority to bind the entity. In this context, “you” means both the entity and any person authorized to access the account.

We may update this Agreement by posting a revised version on our website. By continuing to use the website, you accept any revised Agreement.

You may terminate the Agreement at any time by deleting your account. We reserve the right to suspend or terminate your account for your violation of the terms hereof. If Moongloss.co deletes your account for violation, you will not be able to re-register. In the event of termination or expiration of the Agreement, the following sections will survive: Section 7 (Disclaimers), Section 8 (Limitation of Liability), Section 9 (Indemnification), Section 10 (Arbitration Agreement), and Section 11 (General Provisions).

Account Registration

You must create an account to use the website and services. To do so, you must provide an email address. By creating an account, you agree to receive notices from us and our third-party affiliates (i.e. Vimeo) at this email address.

Age Requirements: You may not create an account if you are under the age of 16. By creating an account, you represent that you are at least 16 years of age and that, where required by law, you have the permission of a parent or guardian to create an account and use the Site.

Parents and Guardians: By allowing your child to use the Site through your account, you agree and understand that you are responsible for supervising and monitoring your child’s use of the Site. If you believe that your child is using your account without permission, please contact us immediately so that we can disable their access.

Account Security: You are responsible for all activities that occur under your account, including unauthorized activities. You must maintain the confidentiality of your account information. If you use a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

Privacy

Please read our Privacy Policy on the Site to learn more about the information we collect from you when you use the Site, how we use it, and with whom we share it.

By creating an account, you agree that Moongloss.co has access to your account information and account activities, such as viewing and purchasing the Services, and your contact information. Moongloss.co is not responsible for any third-party use or disclosure of your information (including Vimeo).

Options for viewing and purchasing programs

Moongloss.co may offer the following purchase options through the Moongloss.co website:

Purchase: Upon payment of the stated fee, you may use the Services an unlimited number of times.

Subscription: For a recurring fee, you may use the Moongloss.co subscription services an unlimited number of times during your subscription period. Moongloss.co may add or remove programs from the channel at any time.

To make a purchase, you must provide a valid payment method. We may apply taxes, including VAT (Value Added Tax), to any charges. Prices and other purchase terms are subject to change. If Moongloss.co provides you with free access to a program, such access will be considered a “purchase” for purposes of this Agreement.

ALL PURCHASES, INCLUDING RECURRING FEES, ARE FINAL AND NON-REFUNDABLE.

Free Trials and Discounts: Moongloss.co may offer free trials or discounted subscriptions. When a free trial ends, your paid subscription begins (unless canceled) and you must pay the full monthly or annual

pay a fee. If Moongloss.co offers a discount for the initial subscription period, you must pay the discount.

Automatic Renewal: To the extent permitted by applicable law, subscriptions will automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. If Moongloss.co offers a free trial, your payment method will be charged at the end of the free trial period unless you cancel before the end of that period.

Decline Renewal: To pause or cancel a subscription, go to your account settings (my account). Your changes will be applied to your next subscription period.

Licenses and Intellectual Property

License for Programs: Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes: (i) services that you have purchased; and (ii) services made available within a channel to which you have subscribed during your subscription period.

Restrictions: You may not resell streams or downloads, use the Services for commercial purposes, redistribute or retransmit the Services, publicly perform or display the Services, or create derivative works of the Services. All rights not expressly granted herein are reserved by Moongloss.co.

Third Party Services: Subject to the terms hereof, Vimeo grants you permission to use the Vimeo OTT Service for the sole purpose of viewing the Services for your personal entertainment. All rights not expressly granted by Vimeo are reserved.

Feedback: To the extent you submit content to Moongloss.co (i.e., in your profile, a comment, or a forum), you grant Moongloss.co an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, modify, transmit, distribute, license, and publicly perform and display such content in any media for any purpose. All submitted content must comply with the Acceptable Use Policy set forth in Section 6. If you provide suggestions to Moongloss.co to improve our products or services, Moongloss.co may use your suggestions without compensation to you.

Acceptable Use Policy

We may permit you to upload, submit, or publish (collectively, “submit”) content such as images and text (collectively, “Content”). You must ensure that your Content and conduct comply with the Acceptable Use Policy set forth in this Section 6. Moongloss.co may (but is not obligated to) monitor your account, Content, and conduct, regardless of your privacy settings. Moongloss.co may remove or restrict access to or availability of any Content or Account that it believes in good faith violates this Acceptable Use Policy.

6.1 Copyright Policy

You may only upload Content that you have the right to upload and share. Copyright owners may send Moongloss.co and/or Vimeo a takedown notice as set forth in Vimeo’s Copyright Policy if they believe that Moongloss.co and/or Vimeo is hosting infringing material. We will, in appropriate circumstances, terminate the accounts of repeat infringers.

6.2 Content Restrictions

You may not submit content that:

Infringes on the copyrights or other rights of third parties (e.g., trademarks, privacy rights, etc.);
Is sexually explicit or promotes a sexual service;
Is defamatory;
Is harassing or abusive;
Contains hateful or discriminatory speech;
Promotes or supports terrorist or hate groups;
Contains instructions for assembling explosive/incendiary devices or homemade/improvised firearms;
Exploits or endangers minors;
Depicts or encourages self-harm or suicide;
Depicts (1) unlawful acts of extreme violence, or (2) animal cruelty or extreme violence toward animals;
Promotes fraudulent or questionable money-making schemes, proposes an illegal transaction, or uses deceptive marketing practices;

Contains false or misleading claims about (1) vaccine safety or (2) health-related information that could cause serious harm to the public;

Contains false or misleading information about voting;

Contains conspiracy-related content where the underlying conspiracy theory makes claims that (1) suggest that no real tragedy occurred, or (2) violate other content restrictions; or
Violates any applicable law.

See Vimeo’s other guidelines at Vimeo Guidelines for guidance on how Vimeo and Moongloss.co interpret these terms.

6.3 Code of Conduct

When using the Site, you may not:

Use an offensive

display name (e.g., explicit language) or avatar (e.g., nudity);
Deceptively act or impersonate any person or organization;
Harass or stalk anyone;
Harm or exploit minors;
Distribute “spam” in any form or use misleading metadata;
Collect personal information about others;
Access another person’s account without permission;
Use or export our Services in violation of U.S. export control laws;
Engage in any unlawful activity; or
Cause or encourage others to do any of the above.

6.4 Prohibited Technical Measures

You will not:

Except as permitted by law or as authorized by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, modify, archive, or disassemble any portion of the Site; or attempt to circumvent our security, rate limiting, filtering, or digital rights management measures;
Submit any malicious program, script, or code;
Submit an unreasonable number of requests to Moongloss.co and/or Vimeo servers; or
Take other actions to manipulate, disrupt, or damage the site.

6.5 Restricted Users

You may not create or maintain an account if you are a member of a terrorist or hate group. You may not purchase goods or software services from us if you are (a) located in a country that is subject to a U.S. government embargo or has been designated by the U.S. government as a “terrorist supporting” country; or (b) listed on any Dutch government list of restricted parties.

Disclaimers

YOUR USE OF THE SITE AND ANY PROGRAM IS AT YOUR OWN RISK.

Without limiting the foregoing, Moongloss.co makes no representations or warranties regarding:

The availability of the site in any particular jurisdiction.
The availability of the site for any particular device, operating system, or browser.
The continued support for any feature of the site.
The viewing quality of any services. Moongloss.co does not guarantee that you will be able to use the website at all times or view services uninterrupted, error-free or displayed at a particular resolution. The quality of your viewing experience will depend on a number of factors, including your viewing device and the quality of your internet connection.

The content of services or the suitability of Services for any audience. All opinions and statements expressed by or in the services (or related materials) are those of Moongloss.co.
The continued availability of services or the availability of certain services within a subscription. Services may be withdrawn at any time without notice.
Any acts or omissions of Moongloss.co with respect to your personal information.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PARENT, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND PARTNERS (INCLUDING VIMEO) SHALL NOT BE LIABLE FOR (I) SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES; (II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOU AND MOONGLOSS.CO; OR (III) DAMAGES IN EXCESS OF $100 OR THE AMOUNTS PAID BY YOU IN THE 12 MONTHS PRIOR TO THE FILING OF YOUR CLAIM.

The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Moongloss.co has been advised of the possibility of such damages, and whether or not a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.

Indemnification

You will indemnify, defend, and hold harmless Moongloss.co and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including Vimeo) from any liability, claim, demand, damages, losses, and expenses (including attorneys’ fees) arising out of: (i) your unauthorized use of the Services; (ii) your violation of this Agreement or violation of any law or the rights of a third party; or (iii) any content you upload or transmit to us.

10. General Provisions

Choice of Law: All disputes relating to this Agreement or your use of the Site shall be governed by the laws of the Netherlands (with respect to matters subject to federal jurisdiction, such as copyright law), without regard to principles of conflicts of law.

No Waiver: The failure of Moongloss.co and Vimeo to waive a

r exercising or enforcing any term of this Agreement shall not constitute a waiver of such term.

Provisions Severable: If any term of this Agreement is held invalid or unenforceable, such term shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms shall remain in full force and effect.

No Third Parties: No third party shall have any rights under this Agreement, except that Vimeo may enforce the terms herein against you, and indemnified parties may enforce indemnification rights.

Force Majeure: moongloss.co shall not be liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, but not limited to, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failures; loss or failure of utilities, transportation, computer (hardware or software) or telephone communications service; accidents; labor disputes, acts of civil or military authority; governmental action; or inability to obtain labor, materials, equipment or transportation.

Entire Agreement: This Agreement sets forth the entire agreement between you and moongloss.co with respect to your use of the Site and supersedes all prior agreements regarding the same. This Agreement may only be modified by us. Any changes will be posted on the Site and will apply going forward.

Contact Us: If you have any support questions or legal notices, please contact us at info@moongloss.co