Moonshot Junior Inc, (“Moonshot Jr”) offers various Moonshot Jr Platforms including Moon Funded, Moonshot Jr store, Moonshot Journey Moonshot Campaign or any of its current or future platforms or website (the “Platform”) and various other features and services, like websites, applications and forums, in order to allow users to play, create and connect (the Platform and all of these varioMoonshot Jr other features and services will collectively be referred to as the “Services”).
These Moonshot Jr Terms are a legally binding agreement between Users and Moonshot Jr.
During the term of this Agreement, Moonshot Jr will provide experiential learning and instructional services in product design, development, and entrepreneurship to the designated student recipients through a structured project-based learning program.
When User uses the Services, User agrees to these User Terms and to any other applicable Moonshot Jr Terms found in the Moonshot Jr Legal Terms. User may not agree to these User Terms or any other Moonshot Jr Terms if User is not legally allowed to, or if User is under 18 years old. Users under the age of 18 (“Minor Users”) require a parent or legal guardian (a “Guardian”) to allow them to use the Services and to agree to these User Terms and the other applicable Moonshot Jr Terms. By permitting a Minor User to use the Services, the Guardian of the Minor User becomes subject to these User Terms and any other applicable Moonshot Jr Terms and agrees to be responsible for the Minor User’s activities on the Services. If User (or a Minor User’s Guardian, as may be applicable) doesn’t agree to these User Terms or any other Moonshot Jr Terms, User may not use the Services.
Moonshot Jr reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. User can check these Terms periodically for changes. User’s continued use of the Platform or Services after the posting of changes constitutes user’s binding acceptance of such changes. In addition, when using any particular services or availing any promotional offer, user may be subject to additional terms and conditions, posted guidelines or rules, as may be applicable to such services and offers. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms.
Creating an Account. To access some elements of the Services, Users need to create a Moonshot Jr account (“Account”). User agrees to always provide Moonshot Jr with true information and to keep that information updated.. A User may never allow anyone else to use a User’s Account (except for Guardians in the case of a Minor User). If a User thinks that their Account is not secure, User must tell Moonshot Jr immediately by contacting Moonshot Jr Support.
Account Suspension or Termination. If User violates these User Terms or any other applicable Moonshot Jr Terms, User’s right to use the Services ends. In response to a violation of these User Terms (or other applicable Moonshot Jr Terms) by a User, Moonshot Jr may also (i) suspend or terminate a User Account or a User’s access to the Services, or (ii) remove any Virtual Items or other content that the User has on the Services. Moonshot Jr may also terminate a User Account pursuant to its policy of terminating in appropriate circumstances Users who Moonshot Jr determines, in its sole discretion, are repeat infringers as contemplated by the Digital Millennium Copyright Act.
The Platform is a paid service and the payments made by user shall be according to the plans opted by user through the Platform. user explicitly agree to pay the fees for the courses/ plans that user purchase, and user authorize the Moonshot Jr to charge user as per the applicable payment mode opted by user. All payments shall be through the payment mechanism put in place by the Moonshot Jr and User shall be responsible for paying all fees and applicable taxes in a timely manner as per the mechanism associated with the Plan availed by user. Users have been given varioMoonshot Jr options to choose and proceed with the payment for the Services via payment mechanisms including but not limited to Card Payment facilities, EMI Payment, Online Bank Transfer and Wallet Payment.
Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing Moonshot Jr. Moonshot Jr Shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction. The amount of refund payable shall only be limited to the amount paid by the User for Services which were not rendered to the User by Moonshot Jr.
Moonshot Jr attempts to process and complete refund requests within 15 days from the time of receiving the refund request, however, in case there is any delay in refund beyond the period of 15 days, then user may notify Moonshot Jr on email@example.com. The refund process may include a feedback call to user and validation of key information that may be required by Moonshot Jr to process the refund request.
Moonshot Jr offers One (1) free trial class to our new members so that user get an opportunity to experience the services provided by us. Only one (1) free trial class is permitted per new student. Multiple availment of trial classes by an individual either through his/her own account or through someone else’s accounts, email IDs and/or in any other manner whatsoever, without the prior written permission of the Moonshot Jr is not allowed and shall amount to a breach of the present Terms.
Any free trial class provided by the Moonshot Jr shall also be governed by these Terms.
The Moonshot Jr will designate a Project Manager who will manage the delivery of the entire program to student recipients and user, including progress monitoring and provision of statMoonshot Jr reports and updates, recommended course corrections, and any other relevant reviews and notifications. The Project Manager will serve as the primary point of contact for all user communications through all phases of the program, including facilitating and ensuring tracking and scheduling of all SME and instructor contact hours on a weekly and monthly basis.
The Moonshot Jr may at its discretion choose to record some or all of the learning sessions, project reviews, and other conversations with user or student(s), for training and quality purposes towards providing a responsive and continually optimized learning program and experience.
User assigns to Moonshot Jr all rights, title and interest in and to the documents, images, video and/or audio tutorial segments (the UGC), developed, or otherwise owned or controlled in any format by User, for use under this Agreement. Moonshot Jr may edit the UGC at its discretion. To the extent any of the rights, title, and interest in and to the UGC cannot be assigned by User to Moonshot Jr, User hereby grants to Moonshot Jr an exclusive, royalty-free, transferable, irrevocable, worldwide license (with rights to sublicense through multiple tiers of sublicenses) to practice such non-assignable rights, title, and To the extent any of the rights, title, and interest in and to the UGC can neither be assigned nor licensed by User to Moonshot Jr, User hereby irrevocably waives and agrees never to assert such non-assignable and non-licensable rights, title, and interest against Moonshot Jr.
User hereby also grants to Moonshot Jr the right and license to use User’s name, likeness, and/or voice in whole or in part, as part of the use of, and/ or general marketing of the UGC and Moonshot Jr’s product and services offerings, (a) in any language or media now known or hereafter developed throughout the universe, including, but not limited to print publications, audio or video works, or other electronic media, (b) alone or in combination with other works, (c) by any means and on any medium now known or hereafter devised, and (d) in Moonshot Jr’s internal broadcast and/or transmission thereof by any and all means now known or hereafter devised.
User warrants that the User is the creator and owner of the UGC and that User has the authority to use or have the necessary licenses, rights, consents, and permissions to publish the UGC. User submit that the UGC does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person
By accepting these Terms and Conditions, the User consenting to be recorded, photographed, and videotaped related to the Event, and hereby irrevocably and perpetually authorizes any of the Released Parties to copyright, publish, reproduce, exhibit, transmit, broadcast, televise, digitize, display, otherwise use, and permit others to use (i) the User’s name, image, likeness, and voice, and (ii) all photographs, recordings, videotapes, audiovisual materials, writings, statements, and quotations of or by the User obtained related to the recording of the Event (collectively, the “Materials”), in any manner, form, or format whatsoever now or hereinafter created, including on the Internet, and for any lawful purpose, including, the advertising or promotion of the Released Parties and/or the Event without further consent from or payment to the User. The User understands that the Released Parties are under no obligation to use the Materials. User agrees that all of the Materials, and all films, audiotapes, videotapes, reproductions, media, plates, negatives, photocopies, and electronic and digital copies of the Materials are the sole property of the Released Parties and User further agrees not to contest the rights or authority granted to the Released Parties hereunder. The User hereby waives any right to inspect or approve the recordings, and modes of the use thereof as described above. User acknowledges and agrees that: (i) User shall not be entitled to any compensation for its appearance at the Event or subsequent use of its appearance in the Materials, (ii) User has and will refrain from any offensive or distasteful remarks or conduct and will conduct itself in a courteous and professional manner at all times during its participation at the Event and appearance in the Materials, and (iii) this Agreement is intended to be as broad and inclusive as permitted by applicable law.
Moonshot Jr and user will co-own the rights to any invention or Intellectual Property created as part of the program learning experience delivered under this Agreement.
Moonshot Jr reserves the right to future use of any written or digital content, including articles, blogs, photos, images, videos, presentations, and other marketing collaterals developed by either of students or Moonshot Jr, jointly or individually, including specifically with respect to the Moonshot project under this Agreement.
The user will not market, sell, or claim to own the product/service created without prior consent and documented agreement and permission from the Moonshot Jr.
Notice. Moonshot Jr respects the intellectual property rights of others and Moonshot Jr ask users to do the same. If user are a copyright owner or an agent of a copyright owner and believe that any content on the Services infringes upon user copyrights, user may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by contacting our legal team at firstname.lastname@example.org.
Repeat Infringer Policy. Moonshot Jr’s intellectual property policy is to: (i) remove or disable access to material that Moonshot Jr believes in good faith, upon notice from an intellectual property rights owner or his or her agent, is infringing the intellectual property rights of a third party by being made available through the Services; and (ii) in appropriate circumstances, to terminate the Accounts of and block access to the Services by any User who repeatedly or egregiously infringes other people’s copyrights or other intellectual property rights
Our policies prohibit users from Providing UGC that infringes trademarks. If a user Provides UGC that infringes trademarks, user UGC can be blocked or removed.
Ownership of Moonshot Jr IP/UGC Created Within an Experience
The interfaces, graphics, trademarks, design, information, artwork, data, code, products, software, and all other elements of the Services, including the rights therein and any derivatives, (the “Moonshot Jr Intellectual Property” or “Moonshot Jr IP”) are protected by law. All Moonshot Jr IP is the property of Moonshot Jr and Moonshot Jr’s licensors. Moonshot Jr IP includes UGC licensed to Moonshot Jr by Creators under the Creator Terms. Except as allowed in these User Terms or any other Moonshot Jr Terms, User may not use any Moonshot Jr IP contained in the Services unless User gets separate permission from the owner. Moonshot Jr reserves all rights to the Moonshot Jr IP not granted in these User Terms or elsewhere in the Moonshot Jr Terms. Some Experiences also allow for independent UGC creation within the Experience by Users of that Experience. Such Users who separately create UGC within an Experience hereby grant Moonshot Jr and the Creator of the applicable Experience a worldwide, perpetual, royalty free and irrevocable right and exclusive license to use and exploit that UGC in any manner or media without any obligation, including any obligation to pay royalties or other compensation to any person or party.
Based on Moonshot project progress, the Moonshot Jr will make the best efforts to qualify the Moonshot project for fundraising for commercial deployment. This will be subject to proper due diligence on all relevant gating criteria prior to product commercialization. The Moonshot Jr will work with user in good faith towards mutually agreeable and beneficial terms, which may include (and often require) joint go-to-market planning and necessary co-investing for reaping optimal financial outcomes from launching off the Moonshot product or service developed under this Agreement.
The Moonshot Jr however makes no guarantees to successful qualification for acceptance on relevant crowdfunding platforms like Kickstarter. Acceptance rates on such platforms are low regardless of the project’s commercial potential.
Launch on e-commerce platforms like Amazon may require significant investment outlay from the user and carries a high risk of failure and consequent financial loss.
Owing to the above, and the varioMoonshot Jr commercialization aspects (some unknown and unique to the project and/or student) of the Moonshot that the project will go through, in addition to this Agreement, the user and Moonshot Jr agree to draft and sign any separate contractual Agreements.
Timeline and terms for such commercialization Agreements will be proposed and created in alignment with the Moonshot project’s due evolution and progress under the present Agreement.
Notwithstanding anything to the contrary herein, either party to this Agreement can terminate the Agreement at any time upon one month’s written notice, with fees to be prorated and adjusted accordingly for the remainder of the service term. User shall not be entitled to a refund for any purchase under any circumstances.
The Moonshot Jr reserves the right to make appropriate amendments to the terms and conditions of Service under this Agreement from time to time. This Agreement may only be modified by mutual agreement of authorized representatives of the parties in writing.
Moonshot Jr cares about the safety of Users. If User sees any content or materials on the Services that appears to recruit, entice, advertise, or solicit any person to perform a sexual or violent act, please use the email id email@example.com to immediately report the User and situation.
“As Is.” THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROBLOX AND ROBLOX’S OFFICERS, DIRECTORS, EMPLOYEES, UserS, AFFILIATES, INVESTORS, BUSINESS PARTNERS, SUBSIDIARIES AND AGENTS (TOGETHER, THE “AFFILIATED PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE AFFILIATED PARTIES DO NOT WARRANT THAT THE SERVICES OR ANY PART OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATIONS OF CONTENT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
No Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Moonshot Jr AND THE AFFILIATED PARTIES BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO USER’S ACCESS TO OR USE OF, OR USER’S INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Moonshot Jr HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USER AGREES THAT THE AGGREGATE LIABILITY OF Moonshot Jr AND THE AFFILIATED PARTIES TO USER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PART OF THE SERVICES OR OTHERWISE UNDER THE Moonshot Jr TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $1,000 (EXCEPT AS NOTED IN THE ARBITRATION SECTION OR AS OTHERWISE SET FORTH IN THE CREATOR TERMS).
User agrees that User will be responsible for User’s use of the Services, and User agrees to defend and indemnify Moonshot Jr and the Affiliated Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) User’s access to, use of, or alleged use of the Services; (b) User’s violation of any part of the Moonshot Jr Terms, any representation, warranty, or agreement referenced in the Moonshot Jr Terms, or any applicable law or regulation; (c) User’s actual or alleged violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation; or (d) any Dispute or issue between User and any third party. Moonshot Jr reserves the right, at Moonshot Jr’s own cost, to take on the exclusive defense and control of any matter subject to indemnification by User (without limiting User’s indemnification obligations with respect to that matter), and in that case, User agrees to cooperate with Moonshot Jr defense of that claim.
Actions User and Roblox each agree to handle all Disputes between User and Roblox or Roblox’s affiliates through binding arbitration by a neutral arbitrator and that the arbitrator has the exclusive right to resolve any Dispute, including whether any part of the Roblox Terms is void or voidable. Any dispute or difference either in interpretation or otherwise, of the Terms and other Policies on the Platform, between the parties hereto, shall be referred to an independent arbitrator who will be appointed mutually and his decision shall be final and binding on the parties hereto.
This Agreement shall be governed exclusively by the laws of the State of California without regard to its conflicts of law principles. Any action brought hereunder shall be brought exclusively in the federal or state courts, in Santa Clara, California, and both parties hereby consent to the jurisdiction of such courts and to such venue, which both agree is convenient. The parties irrevocably waive all rights they may have to a trial by jury in any judicial proceeding involving any claim relating to or arising under this Agreement.