Terms of Use – International Moon Day

Ownership of the Site; Agreement to Terms of Use

These Terms of Use (“Terms of Use”) apply to the International Moon Day website located at internationalmoonday.org, and all associated sites linked to internationalmoonday.org, its subsidiaries and affiliates, as well as IMD mobile sites, applications and features (collectively “the Site”). The Site is owned by the International Moon Day (“IMD,” “us,” “we”). Access to and use of the Site is subject to these Terms of Use) and all applicable laws.

By accessing, using, or browsing the Site, you (“you,” “User,” or “Users”) agree to be bound by these Terms of Use and accept, without limitation or qualification, these Terms of Use and all terms, policies, guidelines, or other notices incorporated herein by reference, whether you are a member of the public or a member of the IMD. If you do not agree to these Terms of Use, do not use or access this Site. By using this Site, you represent and warrant that you are over the age of 16 (or such older minimum age as may be required by applicable local law) and are lawfully able to accept these Terms of Use.

These Terms of Use govern your use of this Site and do not alter in any way the terms or conditions of any other agreement you may have with the International Moon Day. Any additional terms that govern certain products and services will be presented in conjunction with those products and services, also see Privacy Policy and Other Terms and Conditions below.

Site Content

Unless otherwise indicated, all of the content, information design, text, articles, graphics, public service announcements, illustrations, photographs, images, data, video, moving images, sounds, audio, music, software, applications, artwork, user interfaces, trademarks, logos, computer code, features, promotions and forums contained or displayed on this Site and any products and services (collectively “Site Content”), including, but not limited to, the design, structure, expression, “look and feel,” selection and arrangement of such Site Content is owned and/or controlled by the International Moon Day, its licensors, or third-party partners, or used herein with permission and is legally protected, without limitation.

Except as otherwise set forth in these Terms of Use, a User of this Site may download or print a single copy of any applicable Site Content for personal, noncommercial informational use, provided the User does not a) remove any trademark, copyright, or other notice contained therein and b) copy or post such Content on any networked computer. No use of Site Content in a publication or for commercial purposes is permitted without the prior written permission of IMD.

Software Licenses

IMD grants you a nonexclusive license to download software, including any files, images, or audio or video clips incorporated in or generated by the software, and data accompanying the software (collectively, “the Software”), from this Site for the purpose of using the materials on this Site. IMD retains full title to the Software, and all intellectual property rights therein and does not transfer the title to you. You may not redistribute, sublicense, transfer, assign, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. By downloading Software you will be subject to the terms and conditions of such Software.

Accounts, Passwords and Security

You may be required to set up an account to use the Site or portions thereof. If you are required to set up an account, you agree to provide accurate, current, and complete information about yourself as required, to maintain and update such information, and to be fully responsible for all use of your account and for any actions or activities that take place using your account. You are responsible for maintaining the confidentiality of the information associated with your account, including any passwords. You agree to notify IMD immediately of any unauthorized use of your account or password. Any fraudulent, abusive or otherwise illegal activity on this Site by you may be grounds for termination of your account or rights to use this Site, at IMD’s sole discretion, and we may refer you to appropriate law enforcement agencies.

Privacy Policy and Other Terms and Conditions

IMD is committed to protecting your privacy. IMD’s Privacy Policy applies to use of this Site, and its terms are incorporated into these Terms of Use by reference. By using this Site, you acknowledge and agree that any messages or information you post or send to this Site may be read or intercepted by others, as the Internet is never completely private or secure.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

Terms for using the International Moon Day Trademarks & Copyrights

Each of these policies may be changed from time to time and such changes are effective immediately upon posting. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site, including for any product or service offered on or through the Site, the latter terms shall control with respect to your use of that specific portion of the Site or product or service.

Linking Policy

IMD welcomes anybody to link to this Site. Links may resolve to the home page, internationalmoonday.org, or to specific pages within this Site. Direct linking to individual files (i.e., images, multimedia files, etc.) is not permitted. You may not use a International Moon Day trademark, other proprietary IMD content, or Site Content to link to this Site. Links to this Site should not assert or imply an endorsement by or affiliation with IMD.

Third-party Websites and Content

This Site may contain links to third-party websites, including advertisers and social networking websites in which IMD maintains a profile (“Linked Site”). IMD makes no claim or representations regarding and accepts no responsibility directly or indirectly for the security, quality, content, nature, or reliability of any Linked Site. The Linked Sites are not under the control of IMD, and IMD is not responsible for and does not endorse the content of any Linked Site. IMD is providing these links to you only as a convenience. You should review any terms and policies of any Linked Site before interacting with the Linked Site.

User Forums

This Site may include social networking tools, discussion forums, blogs, bulletin boards, message boards, other interactive areas or services, or other areas or services in which you can post messages, comments, materials, photos, information, updates, opportunities, recommendations, etc. (collectively, “User Forums”).

Users should be aware that the ideas you post and information you share may be seen and used by others. To protect your safety, privacy and intellectual property, please consider that when you voluntarily disclose personal information and ideas on the User Forums, that information can be collected and used by others. IMD is not responsible for another person or entity’s misuse or misappropriation of any content, ideas or information you post on the Site and/or in User Forums.

The information and opinions expressed in the User Forums are not those of IMD or its affiliates or subsidiaries, and IMD makes no representations or warranties regarding such posted materials. You are entirely responsible for your use of any User Forums and use the User Forums at your own risk.

Third Party Content

This Site contains facts, advice, reviews, opinions, statements, advertisements and recommendations of third-party individuals and organizations (collectively, “Third-Party Materials”). IMD is not responsible for or does not endorse the parties posting the Third-Party Materials or the accuracy, availability, timeliness, or reliability of any of the Third-Party Materials. Any reliance upon any Third-Party Materials is at your sole risk.

User Generated Content

By placing, submitting, displaying, transmitting, and/or posting material or content on the Site, including, but not limited to, text, messages, comments, data, music, audio, photographs, images, graphics, animations, designs, ideas, video, sound recordings, other audio-visual content, code, or other material (collectively, “User Content”), you acknowledge that while IMD is not obligated to prescreen, review, monitor, or edit User Content, IMD reserves the right to delete, remove, modify, move, block or refuse (without your notice or permission) any User Content for any reason . While IMD reserves the right to moderate the User Forums, IMD is not responsible in any manner for any of the content that Users post. The term “User Content” also includes, without limitation, and refers to all of the information you submit or we may receive related to your account. “Post” and “posting” means, including, but not limited to, to upload, post, transmit, share, store, link or otherwise make available on or through the Site.

You own the User Content and the information you provide to IMD under these Terms of Use, and may request its deletion at any time, unless you have shared User Content or information with others and they have not deleted it, or it was copied or stored by other Users. Additionally, you automatically grant to IMD a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, and sublicensable license to the User Content and any information you provide IMD , indirectly or directly, including without limitation the rights of IMD to use, copy, reproduce, distribute, modify, adapt (including without limitation the rights to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), publish, reformat, display, perform, broadcast, transmit, exhibit, excerpt, translate, host, cache, index, encode, tag, archive, store, create derivative works from, and otherwise exploit all or portions of the User Content you post, upload, incorporate, or make available on this Site, User Forums, and any website owned by IMD, including any User Content posted on or to the Site or Services through a third party, in any form, format, medium, or technology now known or later developed for any purpose, including advertising and promotion without accounting, notification, credit, or other obligation to you, and the right to license and sublicense and authorize others to exercise any of the rights granted hereunder to IMD, in IMD’s sole discretion. You automatically waive all “moral rights” with respect to the posted User Content in perpetuity. You grant IMD the right to use any material, information, ideas, concepts, know-how, or techniques contained in any User Content you provide or otherwise submit to IMD for any purpose whatsoever, including but not limited to, commercial purposes and developing manufacturing and marketing commercial products using such information. You will not be entitled to any compensation for any of the rights you grant to IMD in and to User Content or in this paragraph. You authorize IMD to use your name, likeness, and any other personal or biographical information in connection with use of the User Content you provide. You agree that IMD may use or disclose information about you or your use of this Site, including User Content, to comply with laws and requests by governmental or regulatory agencies, to protect and/or defend IMD’s rights or property, or to protect the safety of IMD, IMD’s employees and membership, or the public.

IMD takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by Users or any third party, or for any loss or damage thereto, including on any third party social networking websites in which IMD maintains a profile, nor is IMD responsible or liable for any mistakes, defamation, slander, libel, omissions, obscenity, or pornography that exists on the Site, or third party social networking websites in which IMD maintains a profile, or that User may encounter. IMD does not guarantee the accuracy, integrity, or quality of User Content. IMD does not endorse or support any opinions expressed in any User Content or on any third party social networking websites in which IMD maintains a profile and makes no claim that User Forums or User Content is appropriate for any particular purpose or audience. All User Content is the sole responsibility of the person who provided it.

Your Representations and Warranties

Each time you post or upload User Content, you confirm your acceptance of and agreement to be bound by these Terms of Use and the other terms that also govern and apply to your use of the Site, as they are incorporated herein by reference. You are solely responsible for User Content that you post or provide on the Site and on third-party social networking websites in which IMD maintains a profile. By posting any content on the Site and/or User Forums, you automatically agree to indemnify IMD from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorneys’ fees, resulting from your breach of these Terms of Use and those terms incorporated herein and the below posting restrictions.

By placing, submitting, displaying, transmitting, and/or posting User Content on or through the Site or Services, you represent and warrant that: 1) you own all of the rights to User Content that you post or otherwise have all necessary rights to post such User Content and grant IMD the rights set forth in these Terms of Use to use such User Content; 2) User Content and other materials submitted by you does not violate or infringe upon the rights of any third party, including, but not limited to, copyright, trademark, privacy, or other personal or proprietary rights; 3) User Content will not cause injury to any person or entity and does not contain libelous or otherwise unlawful material; and 4) use and posting of User Content and other materials does not violate these Terms of Use.

Your Use of the Site

When using the User Forums and submitting any User Content you must:

Comply with all applicable laws and these Terms of Use;
Be respectful – do not insult, threaten, harass, or abuse; do not use profanity or obscene language. Hate speech or discrimination of any kind is grounds for immediate suspension of access to the Site; and
Protect yourself – do not reveal personal/confidential or proprietary information

You shall NOT submit, upload, or post to the Site or User Forums any User Content that:

Violates a person’s or entities’ rights, including copyright, trademark or patent rights, or other proprietary rights;
Contains music, photographs, art or images that you do not own or have permission to use;
Contains the name, trademark, trade name, service mark, or logo of another party;
Contains the voice, likeness, or image of any person, firm, or enterprise for which you do not have permission to post; or libels, defames or invades the privacy rights of any person;
Falsifies or deletes author attributions, legal notices, or other proprietary designations;
Contains viruses, corrupted files, or other materials that may cause damage to another’s computer;
Advertises or otherwise solicits funds, or promotes or offers for sale or trade any goods or services, except in areas of the Site specifically designated;
Interferes with any third party’s use of this Site;
Is or contains political campaigning, junk mail, spam, repetitive messaging chain letters, pyramid schemes, or solicitations;
Is inaccurate, false, misleading, or fraudulent; and
Contains any contact information or private information of any third party.

In using the Site or User Forums, you shall not:

Violate any law or advocate the performance of any illegal activity;
- Collect contact information of other Users of the Site by electronic or other means for any purpose whatsoever, including, but not limited to, sending unsolicited e-mails or other unsolicited communications;
- Use or attempt to use another User’s account or password;
- Impersonate any person or entity, or otherwise misrepresent yourself, your age, or your affiliation with IMD or any other person or entity;
- Solicit personal information from anyone, including those under 17, or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Upload or transmit viruses or other harmful files, materials, or code;
- Impose a large load on the infrastructure of the Site or any systems or networks connected to the Site; and/or
- Interfere with, attempt to interfere with or otherwise harm or violate the proper working of the Site or the security of the Site, or any services, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site.

Any use of the User Forums or the Site in violation of the foregoing violates these Terms of Use and may result, among other actions, in termination or suspension of your rights to use the User Forums and/or the Site. Any decision as to whether User Content violates these Terms of Use or IMD’s posting rules will be made in IMD’s sole discretion.

Transactions and e-Commerce

Additional terms and conditions may apply to purchases of goods or services and these terms and conditions are made part of these Terms of Use by this reference. You agree to abide by such terms and conditions, including representing that you are of sufficient legal age to engage in a transaction. . Credit card transactions are often handled by a third-party processing agent, bank, or institution. IMD cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties. Your participation in any promotions, correspondence, or dealings, including business dealings, with any third party found on or through the Site, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the third party and at your own risk. IMD shall not be responsible or liable for any part of any such dealings or promotions, including any loss, damage, or other matters of any sort. IMD may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice.

Disclaimer and Limitations of Liability

The materials on this Site are provided solely for educational, humanitarian and promotional purposes. IMD does not warrant that the Site will meet your requirements or provide specific results, be uninterrupted, timely, secure, or error-free, that defects will be corrected or that the Site, or the server that makes it available, is free of viruses or other harmful components.

USE AND BROWSING OF THIS SITE AND ANY LINKED SITES IS AT YOUR OWN RISK. ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND AND IS SUBJECT TO CHANGE WITHOUT NOTICE. IMD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING INTERNATIONALMOONDAY.ORG, THE CONTENT, ADVERTISING, INFORMATION, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, AND/OR THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND ACCURACY OF THE INFORMATION CONTAINED IN THIS SITE FOR ANY PURPOSE AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR SUCH CONTENT OR SERVICE. IMD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, INCLUDING ALL STATUTORY, EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NONINFRINGEMENT.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL IMD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR YOUR USE OR YOUR INABILITY TO USE EQUIPMENT OR ACCESS DATA, YOUR LOSS OF DATA, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF INCOME, LOSS OF CONTRIBUTIONS OR PROFITS, BUSINESS INTERRUPTION, OR THE LIKE), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY LAW, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR PERFORMANCE OF THIS SITE,THE SITE CONTENT, LINKED SITES OR THIRD-PARTY MATERIALS, WITH ANY DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE EVEN IF IMD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH IMD IS TO DISCONTINUE USING THE SITE. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON LIABILITY, THEREFORE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless the International Moon Day, including their respective directors, trustees, officers, committee members, employees, agents, contractors, subcontractors, and representatives from and against all claims (including, claims of patent, trademark, and copyright infringement), demands, actions, damages, losses, costs, liabilities, expenses (including reasonable attorneys’ fees and other legal expenses), awards, fines, and judgments asserted against or recovered from IMD due to, arising out of or in connection with your use of the Site and any User Content you post. IMD shall not be liable in any way for injuries to persons or damages to property incurred or suffered by you or any of your subcontractors, agents, heirs, successors or assigns, or any person related to you in any way.

International Users

This Site is controlled, operated, and administered by IMD from its headquarters within the European Union (Austria).

Change in the Terms of Use

IMD may change, add, modify or remove portions of these Terms of Use at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Use prior to each use of the Site. By continuing to use this Site, you agree to any changes in the Terms of Use.

Discontinuation of Service; Fees

IMD may change, suspend, interrupt, terminate operation or access to, or discontinue the Site or any portion of the Site at any time, without notice, including the availability of Site Content, User Forums and any other services. IMD may also impose limits on the Site or restrict your access to parts of or the entire Site and Site Content without notice or liability. IMD reserves the right to charge fees for access to the Site and will give you notice of any such fees.

Violation of These Terms of Use

IMD reserves the right, without notice and in its sole discretion, to terminate your access to the Site and/or block your access to the Site if we determine that you have violated these Terms of Use or other agreements or terms which may be associated with your use of the Site. In the event of termination of your use of this Site for any reason, you agree that the following provisions of these Terms of Use will survive: limitations on your use of Site Content, copyright complaints, the license(s) you have granted to IMD, warranties, disclaimers, indemnification, and limitation of liability. If IMD does take legal action against you as a result of your violation of these Terms of Use, IMD will be entitled to recover from you all reasonable fees and costs of such action, in addition to any other relief IMD may have at law or in equity.

General

These Terms of Use contain the complete agreement between you and IMD with respect to your use of this Site, and supersede all prior or contemporaneous agreements or understandings, whether oral or written. You shall have no rights in or to IMD’s proprietary property made available to you on the Site. You may not sublicense, assign, or transfer any licenses granted to you by IMD, and any attempt to sublicense, assign, or transfer shall be null and void. Any failure or delay of IMD to enforce or exercise any provision of or its rights under these Terms of Use shall not be construed as a waiver of those rights or provisions or a breach of these Terms of Use by IMD . If any provision of these Terms of Use shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of the Terms of Use will remain in full force and effect. These Terms of Use may not be modified by you in writing or otherwise and any such offer for modification will be rejected. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on Users.

If any questions arise about the meaning or interpretation of this policy, the English-language version of this policy is the official text.

Last updated: May 27, 2023