End User License Agreement

END USER LICENSE AGREEMENT

BY DOWNLOADING AND/OR USING ANY SOFTWARE AND/OR APPLICATIONS (COLLECTIVELY, "SOFTWARE") PROVIDED TO YOU BY OR ON BEHALF OF REQUESTOR AND ITS AFFILIATED ENTITIES ("REQUESTOR") IN CONNECTION WITH YOUR USE OF THE REQUESTOR SERVICE, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ THIS END USER LICENSE AGREEMENT ("LICENSE AGREEMENT"); (2) YOU UNDERSTAND IT; (3) YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT; AND (4) YOU MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE FOREGOING, YOU AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE, THE SOFTWARE.

1. General

This License Agreement contains details on your limited right and license to use the Software solely in connection with your use of the Requestor service. This License Agreement is between you and Requestor and not any other party.

The Software contains material that is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and by international treaty provisions. The Software is licensed, not sold or given, to you by Requestor for use only under the terms of this License Agreement and all rights not specifically granted to you herein are reserved to Requestor and to any third party with ownership rights in software and documentation used in the Software. You may not remove any proprietary notice of Requestor or any other party from any copy of the Software or documentation.

The rights granted under the terms of this License Agreement include any software upgrades that replace and/or supplement the original Software.

Requestor reserves the right, from time to time, with or without notice to you, to change the terms of this License Agreement in our sole and absolute discretion. The most current version of this License Agreement will supersede all previous versions. Your use of the Software after changes are made means that you agree to be bound by such changes. As such, you should review the License Agreement periodically.

2. Permitted Use/Restrictions
2.1

Requestor grants you a non-exclusive, limited, personal and nontransferable license, subject to and conditioned on your compliance with the restrictions set forth in this License Agreement, to install and use the Software, in object code form only, provided to you by or on behalf of Requestor in connection with your use of the Requestor service.

2.2

The license grant above includes the right to use the Requestor service provided that (i) the Software is installed on only the number of Requestor ready devices authorized by Requestor; (ii) the Software may NOT be modified; (iii) all copyright notices are maintained on the Software; and (iv) you agree to be bound by all the terms of this License Agreement.

2.3

The Software is only for your own personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity.

2.4

As a condition of the limited license for the Software granted to you in this License Agreement, except as and only to the extent expressly permitted in this License Agreement or by applicable law which cannot be waived by this License Agreement, you may NOT:

  1. publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Software or any part thereof;
  2. copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the Software to human readable form;
  3. attempt to create the source code from the object code of the Software;
  4. transmit or make the Software available over a network where it could be used by multiple computers or Requestor ready devices at the same time;
  5. make any third-party software contained in the Software a standalone product;
  6. take any action that will infringe on the intellectual property or other proprietary rights of Requestor or any third party software provider;
  7. sublicense or assign the Software;
  8. access any content provided by Requestor or its suppliers anywhere other than within the country or location authorized by Requestor ("Territory"); and
  9. instantly access content outside of the Territory, and Requestor may use technologies to verify your compliance.

 

2.5

If you "uninstall" the Software, you will no longer be able to use the Software on that Requestor ready device.

2.6

You have no ownership rights in any Software. Rather, you have a limited license to use the Software as long as this License Agreement remains in effect. Ownership of the Software and all intellectual property rights therein shall remain at all times with Requestor and/or its licensors. Any other use of the Software by any other person, business, corporation, government or any other entity is strictly prohibited and is a violation of this License Agreement.

3. Third Party Content/Third Party Software
3.1

Title and intellectual property rights in and to any content displayed by or accessed through the Software belongs to the respective content owner. Such content is protected by copyright or other intellectual property laws and treaties, and is subject to terms of use of the third party providing such content. Apart from your right to view the third-party content, this License Agreement does not grant you the right to copy, distribute, prepare derivative works, publicly display, or make other use of such content. You are prohibited from engaging in or facilitating the unauthorized P2P file-sharing of third-party content, such as the unauthorized posting, making available, uploading, downloading or other distribution of such third-party content.

3.2

There may be software programs contained within the Software that have been licensed to Requestor by third parties. The term "Software" as used herein shall refer to such third party software except where the term Software refers expressly to the ownership or other specific rights of Requestor. The same terms and conditions, including all limitations and restrictions, set forth in this License Agreement apply to each third party software program contained in the Software. Certain software programs specified in the licenses referenced in Section 10 ("Notices") below may contain additional grants and/or restrictions.

4. Upgrading the Software

Requestor may issue you an upgraded version of the Software automatically upon an instance of your use of the Software or the Requestor service or otherwise in connection with your use of the Requestor ready device. Alternatively, Requestor may require you to consent to an upgrade to the Software ("Software Upgrades") before using, installing or accessing the Software. If you decline the Software Upgrades, you may not be able to use or access the Software or the Requestor service.

5. Consent to Use of Data

The Software may provide Requestor with limited access to your Requestor ready device. Among other things, the Software may provide Requestor with information related to your use of the Requestor service, information regarding your computer system, such as a unique device identifier, your operating system, existing software, amount of available storage space and internet connectivity, and your interaction with the Software. This information will, among other things, enable Requestor to manage rights associated with the content, allow Requestor to help you use the Software more effectively, enforce Requestor Terms of Use and otherwise help Requestor to enhance and improve the Software and the Requestor service. Information obtained by Requestor will be treated in accordance with our Privacy Policy.

6. Export Law Assurances

You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was legally obtained or authorized by Requestor. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list.

7. U.S. Government End Users

The Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

8. Termination

This License Agreement is effective until terminated. Your rights under this License Agreement are terminable by Requestor at any time without notice. Further, this License Agreement will terminate if Requestor finds that you have violated any of the terms of this License Agreement. No waiver of any breach of any provision of this License Agreement by Requestor shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized representative of Requestor. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall survive the termination of this License Agreement.

Your ability to use the Requestor service is subject to your system compatibility with our Software as such requirements may change from time to time. Compatibility of system requirements with the Software is your responsibility.

Upon the termination of this License Agreement, you shall cease all use of the Software and Requestor service and destroy all copies, full or partial, of the Software that you may have downloaded hereunder.

9. Disclaimer of Warranties and Limitations on Liability

The Software is provided "AS IS." The Disclaimers of Warranties and Limitations of Liability set forth in the Terms of Use expressly apply to this License Agreement, the Software and the use of the Software. We do not warrant that defects in the Software will be corrected.

10. Notices
10.1 Apple

If you have downloaded any Software from the Apple iTunes Application Store, the following additional terms apply to such Software:

  1. You agree and acknowledge that Apple is not responsible for the Software and its content. In addition, your use of such Software downloaded from such location is limited to a non-transferable license to use the Software on any Apple branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) ("iOS Devices") or Mac OS X ("Mac Computers"), as applicable (collectively "Apple Device(s)") that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Moreover, we hereby inform you and you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
  2. Apple has no warranty obligation with respect to the Software and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in this License Agreement is the responsibility of Requestor. Please note that Requestor has disclaimed all warranties (see section above).
  3. Apple is not responsible for addressing any claims relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  4. Apple is not responsible for any third-party infringement claims that the Software or your possession and use of the Software infringe a third party's intellectual property rights.
  5. Third Party Beneficiary: Requestor and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this License Agreement with respect to any such Software, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the License Agreement against you as a third party beneficiary thereof as set forth herein.

 

10.2 Requestor Copyright Notice

© 2018-2022 What's Next to the Moon, LLC. All content herein is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and may not be modified, copied or used in any manner without the express permission of What's Next to the Moon, LLC, which reserves all rights. Reuse of any of this content for any purpose without the permission of What's Next to the Moon is strictly prohibited.

10.3 Facebook

You agree and acknowledge that Facebook has no responsibility or liability for the Software and its content.

10.5 Card.io

All files are released under the MIT License: The MIT License (MIT) Copyright (c) 2013-2016 PayPal Holdings, Inc. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

11. Requestor contact information

Any questions, complaints or claims regarding the Software shall be directed to contact@whatsnexttothemoon.com.

12. Requestor Performer Fees

Fees are 5% of the Tip(Gratuity) amount received from the Fan and accepted by the Performer, i.e., A fan tips $1.00 and the Performer receives $.95 while the company receives $0.05. This covers the cost of the credit card processing fees and maintenance.

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PRIVACY POLICY

This document is our Privacy Policy, which describes what information we collect from you and how we use it. Our Privacy Policy applies to our website at www.therequestor.com, our mobile website, our mobile application Requestor, and all other services Requestor provides. It covers personally identifiable information ("PII") which is information we can link to you personally. PII includes data like your name, email address, phone number, or mobile device's unique identifier.

This Privacy Policy is part of the Requestor's Terms of Use. By continuing to use our Services, you agree to be bound by both policies, so please read them carefully. Please contact us at privacy@whatsnexttothemoon.com if you have any questions about this Privacy Policy.

We are committed to only collecting the information necessary to provide and improve the Requestor Services. When we do collect your information, we store it and associate it with your account unless otherwise noted. We take your privacy very seriously and will only use and disclose this information under the terms described in this Privacy Policy.

a. Registration Information

To create an account, you must either visit us on the web at requestor.whatsnexttothemoon.com or download our mobile app and complete our registration process.

b. Credit Card Information

If you wish to upgrade to a Subscription Account, we collect your credit card number, expiration date, and security code. We use this information to bill you for services.

c. Device Information

When you use Requestor Services, our servers automatically record certain information about your mobile device. This information may include information such as an equipment identifier (e.g., IMEI, UDID), subscriber identifier (e.g., IMSI), device name, mobile phone number, device type and manufacturer, operating system type and version, wireless carrier / operator, network type, country of origin, Internet Protocol ("IP") address, and the dates and times of your requests. We use this information to provide our services, as well as provide support if needed.

d. Employment Application Information

If you wish to fill out our application form, we will ask for information, including your name, email address, phone number, and allow you to upload your resume and cover letter. We use this information to determine if you are an eligible candidate for an available position, to contact you to set up an interview if appropriate and to follow up with you about your application experience.

e. Social Media Features

Our website may include social media Features ("Features"), like Facebook's "recommend" button or interactive mini-programs that run on our site. If you use these Features, they may collect your IP address, which page you are visiting on our site, and set a cookie to enable the Feature to function properly. Features may be hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing the Feature, not by Requestor's Privacy Policy.

f. Information About Your Use of Requestor Services on Your Phone

We use mobile analytics software so that we can improve our products. This software may analyze information such as how often you use the application, the events that occur within the application, and where the application was downloaded. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile app.

g. Information About Your Use of Requestor's Website and Mobile Website

We use analytics services to measure how people use our website so that we can improve our products and services. Analytics services may work by embedding invisible images that are associated with unique identifiers on our site. We do not tie the information gathered through the use of these clear images to our customers' personally identifiable information.

We may also use live chat software on our website to assist you with questions about our products, including Requestor for Business. If you use this chat feature, you may voluntarily provide, or otherwise be asked to provide, personal information, such as your name, contact information, and other information to facilitate the service. The software maintains transcripts of chats and will collect web browser information (e.g. IP address and browser types) and other usage information. Your interaction with this software is governed by the privacy policy of the company providing the live chat, not by Requestor's Privacy Policy.

Cookies From Third-Parties

We believe it is important for you to know exactly what cookies we use in our Services. If you prefer not to use any cookies, you can also opt out in some browsers by turning on "Do Not Track" or visit http://www.aboutads.info/choices to opt out directly. We currently may not support Do Not Track browser settings, but are committed to supporting it in the future to give you more choice about how your information is used.

We limit our internal use of your information to providing services that enhance our products and help you use them. For example:

  • If you fill out a survey or email Requestor for support, we may retain the information you give us in order to provide you with support and to improve our Services.
  • Where available, Requestor may use client device information to let you know you need to update your operating system.
  • We may share encrypted (hashed) equipment identifier numbers with analytics services to understand how new users find out about our application.
  • We may send text messages to your phone to communicate with your device.
  • We may use your email address or mobile number for administrative purposes, such as sending privacy or security related notices, notifying you of major Requestor Services changes, to contact you regarding product announcements such as special promotions or new products and services, or for other customer service purposes.

Like other companies, we may be required to preserve or disclose your information if after due consideration, we determine it is necessary to comply with a law, regulation, or legal request; to protect the safety of any person; to address fraud, security, or technical issues; or to protect Requestor's rights or property. However, we strongly believe that you have a right to know when we will respond to a request for your information in time to give you the opportunity to object. Therefore, it is our policy to notify you at the email listed in your account of a request for your information before we preserve or disclose it, unless (a) we are legally prohibited from doing so or (b) in emergency cases where notice could create a risk of injury or death to an identifiable individual or Family of individuals, or the case involves potential harm to minors. In such cases, we might delay notice to our users. Furthermore, nothing in this Privacy Policy is meant to limit any legal defenses or objections that you may have to a third party's, including the government's, request to disclose your information.

We only use your Personal Information to improve our services. This may include sharing aspects of your Personal Information with third parties (for example, to map your location or send you an SMS) or with mobile operators who participate in our Customer Care Web Application program to enable them to assist you directly with Requestor Missing Device features, such as remote locate, lock, or wipe through our Customer Care Web Application, at your request. We require that these parties agree to process such information in compliance with our Privacy Policy, that they do not use such information for any other purpose, and that they use appropriate confidentiality and security measures to protect your information.

In order to prevent you from receiving duplicate or unnecessary marketing about Requestor products or service, we may share your status as a current Requestor customer with our partners or service providers. They are contractually prevented from using this information for any other purpose.

We share anonymized, aggregated data with partners or in security reports. This information is never associated with Personal Identifiable Information and cannot be identified with you. For example, we may store a count of the number of devices that have ever encountered a particular piece of malware.

Both the Requestor website and the Requestor ‘Settings' on your device have options that allow you to update or modify your privacy settings at any time. To protect your privacy and security, we require your username and password in order to verify your identity before granting you profile access or making changes. If your email address changes, you may update your information within the Requestor website. Simply go to the "Account" page and select the information you wish to update. If you wish to correct or delete inaccuracies within your personal information, or to request access to any personal information we obtain about you, please contact us at privacy@whatsnexttothemoon.com. We will respond to your request to access within 30 days.

Our policy is to retain data only as long as reasonably necessary to provide our products and services to you and others.

Except for current Subscription Accounts, we reserve the right to delete all Backup Data if you have discontinued your Subscription Account for 30 consecutive days. We may notify you via the email address associated with your account before deleting your Backup Data.

When you delete location data through your account dashboard on requestor.whatsnextotthemoon.com, it is no longer linked to your account and is anonymized on our application production systems.

If you comment on the blog, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of those blogs, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs or for any content you receive as a result of sharing such information.

To request removal of your personal information from our blog or community forum, contact us at privacy@whatsnexttothemoon.com. If we are not able to remove your personal information, we will let you know why.

We perform third-party penetration tests to harden our systems from attack. We cannot, however, ensure or warrant the security of any information that Requestor receives on your behalf to operate the Requestor Services, or information that you transmit to Requestor. All such receipt or transmission of your information is at your own risk.

We cannot guarantee that such information will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

The security of your personal information is important to us. When you enter sensitive information (such as credit card number or location based information) on our website, within the Requestor app, or in our order forms, we encrypt that information using secure socket layer technology (SSL).

If Requestor learns of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. Requestor may also post a notice on the Requestor Services if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

You are responsible for maintaining the secrecy of your password at all times. We recommend a strong password that you do not use with other services. If you believe your password has been compromised, please change your password immediately via the Requestor website, or contact us at support@whatsnexttothemoon.com for assistance.

You are responsible for ensuring that the email address associated with your account is accurate. We use that email to contact you about service updates, changes to our policies, and account activities such as requests for your information or locate attempts on your device. Requestor is not responsible for personal data transmitted to a third party as a result of a user's providing an incorrect email address.

Requestor is a Kentucky-based company in the United States. Personal information collected from users outside the United States is transferred to the United States and processed according to United States law.

Requestor does not knowingly collect or store any personal information about children under the age of 13 unless a parent who consents to such collection and storage as described in the Requestor Terms of Service. If you believe a child is using this service without parental consent, please contact us at privacy@whatsnexttothemoon.com.

Our site contains links to other websites. When you click on one of these links, you leave Requestor's website and go elsewhere. Requestor does not accept liability for misuse of any information by any website controller to which we may link. We encourage you to read the privacy statements of these linked sites, which may differ from ours. In addition, if you take advantage of an offer from one of our partners, you may be providing information directly to that partner. We encourage you to review the privacy statements of these partners, as we are not responsible for the privacy practices of any partners or linked sites.

In the event that Requestor is involved in a bankruptcy, merger, acquisition, reorganization, or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this Privacy Policy will apply to your information as transferred to a new entity.

This Privacy Policy may be revised. If we make material changes to this policy, then we will notify you in our application, here on this website, by email, or by means of a notice on the Requestor Legal home page.

Please contact our privacy manager at privacy@whatsnexttothemoon.com with any questions or comments about this privacy policy.