Terms and Conditions

BlueMoon Stock WEBSITE TERMS AND CONDITIONS OF USE

Last Updated: December 1, 2008

USE OF THIS WEBSITE MEANS YOU AGREE TO THE FOLLOWING TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR DOWNLOADING OR USING THIS WEBSITE IN ANY WAY, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS DESCRIBED BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT USE THIS WEBSITE AND SHOULD IMMEDIATELY LEAVE THE WEBSITE.

These terms and conditions of use ("Terms of Use") apply to your use of this website (the "Website"), and do not alter in any way the terms or conditions of any other agreement you may have with BlueMoon Stock, its subsidiaries or affiliates. By using this Website, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Terms of Use. If you are using the Website on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify BlueMoon Stock for violations of these Terms of Use.

Privacy Policy
BlueMoon Stock is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

Ownership of the Website and its Contents
This Website is owned by BlueMoon Stock, INC. Unless otherwise indicated, all of the content featured or displayed on this Website, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, clipart, animation, and software ("BlueMoon Stock Content"), is owned by BlueMoon Stock, its licensors, or its third-party image partners.
The design, layout and all elements of the Website, including the BlueMoon Stock Content, are protected by United States and International law and other intellectual property and proprietary rights and may not be copied or imitated in whole or in part.

Use of the Website
This Website and the BlueMoon Stock Content are intended for customers of BlueMoon Stock. You may not use this Website or the BlueMoon Stock Content for any purpose not related to your business with BlueMoon Stock. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Website or the BlueMoon Stock Content without, or in violation of, a written license or agreement with BlueMoon Stock; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Website or the BlueMoon Stock Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any BlueMoon Stock product or service if you are not expressly authorized by such party to do so; and (e) using the Website or the BlueMoon Stock Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, BlueMoon Stock has adopted a policy of terminating, in appropriate circumstances and at BlueMoon Stock' sole discretion, account holders who infringe the intellectual property rights of BlueMoon Stock or any third party.

Copyright Complaints
If you believe that any material on the Website infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

BlueMoon Stock 

P.O. Box 29340
Los Angeles, CA 90029
E-mail: copyright@bluemoonstock.com

We may give notice of a claim of copyright infringement by means of a general notice on the Website, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.

Trademarks
BlueMoon Stock Trademarks, the BlueMoon Stock logo, and any other product or service name or slogan contained in the Website are trademarks of BlueMoon Stock and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BlueMoon Stock or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "BlueMoon Stock" or any other name, trademark or product or service name of BlueMoon Stock without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of BlueMoon Stock and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links
You may not use a BlueMoon Stock logo or other proprietary graphic of BlueMoon Stock to link to this Website without the express written permission of BlueMoon Stock. Further, you may not frame any BlueMoon Stock trademark, logo or other proprietary information, including the BlueMoon Stock Content, without BlueMoon Stock' express written consent.

BlueMoon Stock makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Website, or websites linking to the Website. Such websites are not under the control of BlueMoon Stock and BlueMoon Stock is not responsible for the contents of any linked website or any link contained in a linked website, or any review, changes or updates to such websites. BlueMoon Stock provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by BlueMoon Stock of any website or any information contained therein. When you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website.
Your participation, correspondence or business dealings with any third party found on or through the Website, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that BlueMoon Stock shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Registration Data and Account Security
In consideration of your use of the Website, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify BlueMoon Stock immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.

Indemnification
You agree to defend, indemnify and hold harmless BlueMoon Stock, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Website, your conduct, your use or inability to use the Website, your breach or alleged breach of the Terms of Use or of any representation or warranty contained herein, your unauthorized use of the BlueMoon Stock Content, or your violation of any rights of another.

Disclaimer
THIS WEBSITE AND THE BLUEMOON STOCK CONTENT ARE PROVIDED "AS IS" AND BLUEMOON STOCK AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. BLUEMOON STOCK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR THE BLUEMOON STOCK CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT BLUEMOON STOCK, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE OR THE BLUEMOON STOCK CONTENT. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE BLUEMOON STOCK CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
BlueMoon Stock uses reasonable efforts to ensure the accuracy, correctness and reliability of the BlueMoon Stock Content, but we make no representations or warranties as to the BlueMoon Stock Content's accuracy, correctness or reliability.

BlueMoon Stock offers a search feature within the Website. BlueMoon Stock explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. BlueMoon Stock also disclaims any responsibility for the completeness or accuracy of any directory or search result.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limitation of Liability
IN NO EVENT SHALL BLUEMOON STOCK, ITS MANAGERS, MEMBERS, DIRECTORS, CONTRIBUTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES, THE BLUEMOON STOCK CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BLUEMOON STOCK, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BLUEMOON STOCK' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BLUEMOON STOCK, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BLUEMOON STOCK FOR ACCESS TO OR USE OF THE WEBSITE.

Applicable Law and Venue
Any dispute relating in any way to your use of the Website or the BlueMoon Stock Content shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate BlueMoon Stock' intellectual property rights, BlueMoon Stock may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Terms of Use, whether through class arbitration proceedings or otherwise
.
Termination
Notwithstanding any of these Terms of Use, BlueMoon Stock reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Website.

Miscellaneous Provisions
Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by BlueMoon Stock. If any clause in these Terms of Use is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

Changes to Terms of Use
BlueMoon Stock reserves the right to change any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Website, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Terms of Use. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Terms of Use whenever you visit our website.

Questions and Contact Information
Questions or comments about the Website or Terms of Use may be directed to BlueMoon Stock at sales@bluemoonstock.com