Terms of Service

TERMS OF SERVICE

Requestor's Terms of Service is a legal contract between you and Requestor ("Requestor","we", "our"), governing your use of mobile/web services and mobile/web software ("Requestor Software") owned, controlled or offered by What's Next to the Moon, LLC (collectively, the "Requestor Services"). PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY USING THE REQUESTOR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE, PLEASE CEASE USING THE REQUESTOR SERVICES IMMEDIATELY.

You acknowledge and agree that this contract is only between you and Requestor and not any of Requestor's partners, distributors, promoters or service providers (collectively, "Distributors"). Should you have any issue or claim with respect to the Requestor Services, Requestor, and not its Distributors, will be solely responsible for addressing the issue or claim. If you have obtained the Requestor Services from one of Requestor's Distributors, you agree that any such Distributor will have no obligation or responsibility to provide you any warranty, maintenance and support services with respect to the Requestor Services.

You may use the Requestor Services only if you can form a binding contract with Requestor and are not a person barred from receiving service under the laws of the United States or other applicable jurisdiction. You may use the Requestor Services only in compliance with Requestor's Terms of Service and all applicable local, state, national, and international laws, rules and regulations. If you are under 13, you cannot use our Services unless a parent consents.

Requestor's Terms of Service governs users who use Requestor for personal use.

When using any of the Requestor Services, you may be subject to additional guidelines or rules applicable to certain features, which we may post occasionally (collectively, the "Guidelines"). These Guidelines are also incorporated by reference into Requestor's Terms of Service.

1. Requestor's Rights

Requestor grants you a personal, non-exclusive, non-transferable, non-sublicensable license to use the Requestor Services according to Requestor's Terms of Service. Free accounts ("Free Account") and Subscription Accounts ("Subscription Plan") allow you to use Requestor Services on mobile devices that you subscribe for and legally control.

All right, title, and interest in and to the Requestor Services are and will remain the exclusive property of Requestor. Requestor Services are protected by intellectual property laws and other proprietary rights of the United States and foreign countries. Requestor grants you no license to any Requestor Services or any other Requestor content beyond what is expressly granted in neither Requestor's Terms of Service nor any rights to use the Requestor trademarks, logos, domain names, or other brand features.

We reserve the right to modify, suspend, or cancel the Requestor Services (or any features within the Requestor Services) to you or to users generally, at any time and for any reason. When we do so, we will notify you through the mobile app or via the email you provided to us.

2. Restrictions on Your Use of the Requestor Services

You must ensure that all information relating to your account is kept accurate and up to date at all times. We will not be liable for any damages or liability resulting from your failure to keep your account information accurate, up to date, or secure.

You may not use the Requestor Services in any way that violates any law or regulation, harms any person, infringes any person or entity's rights (including intellectual property and other proprietary rights), or violates Requestor's Terms of Service. You may not involve any content that is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or violates Requestor's Terms of Service. You may not harass, annoy, intimidate or threaten users of the Requestor Services or employees or agents of Requestor.

You are permitted to access and use the Requestor Services only through the means we expressly provide to you. You are not allowed to circumvent or disable the Requestor Services or any technology, features, or measures included in the Requestor Services for any reason, except as permitted by law.

The license granted to you in Requestor's Terms of Service is solely for the purpose of allowing you to use the Requestor Services. You may not violate any exclusive rights that we have under any intellectual property or other proprietary rights laws. You may not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for any part of the Requestor Services, including executable and configurable content, except as permitted by law.

Our services are only provided to function on and secure your device(s). You may not execute Requestor's software in any other environment, e.g., in an emulated environment, as a research tool, or in any other way to develop or support another product, or use results derived from use of Requestor's client for any other purpose, e.g. to verify a set of known results or to scan, power, or support any other services, without our explicit written consent.

You may not sell, transfer, or allow any other person to access your account password or Requestor Services account. You may not provide information that is false, misleading or inaccurate, or imply affiliation with a company or organization to which you are not affiliated. Your account is for your own use.

3. Your Data

Sometimes, the Requestor Services allow you to submit, store, host, share, or publish content (we call this all "User Data"). You will retain all ownership rights to your User Data that you transfer to Requestor. When you submit User Data to Requestor, you grant us a non-exclusive, royalty-free, worldwide license to use, copy, modify, sublicense, and distribute your User Data on and through the Requestor Service on your behalf, solely for the purpose of providing the Requestor Services.

You are solely responsible for your User Data. We assume no responsibility whatsoever for anything related to or arising from User Data. We do not endorse and have no control over User Data. We reserve the rights to prevent you from submitting User Data and to restrict or remove User Data for any reason, at any time, but we do not assume a duty to monitor any User Data.

Certain Requestor Services may also use data from your wireless device to determine your location (we call this "Location Data"). You permit us to use your Location Data according to the terms of our Privacy Policy for your account, including accounts used by children under the age of 13 with parent's consent (see our Privacy Policy for more information on collection of data from children under the age of 13).

If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.

4. We Are Passionate About Your Privacy

Requestor's Privacy Policy, which describes and governs our collection, use, and disclosure of your personal information, incorporates and is incorporated into Requestor's Terms of Service. Please read it carefully. By using the Requestor Services, you consent to our Privacy Policy.

5. Third-Party Sites and Services

The Requestor Services may include links to other web sites or services. Your use of these third-party sites and services is governed by their terms of service, privacy policies, and other agreements — not ours. We do not endorse or make any representations regarding any such third-party sites. We disclaim all liability relating to your use of such third-party sites.

6. Termination and Suspension of Your Account

We may terminate or suspend your access to the Requestor Services without prior notice and without liability, including but not limited to such termination or suspension being based on: (a) our good faith belief that you have violated Requestor's Terms of Service, (b) our determination that you repeatedly infringe or have infringed the copyrights of others, (c) extended periods of inactivity with respect to any of the Requestor Services, or (d) nonpayment of any fees owed to Requestor. We may make a reasonable attempt to notify you of any termination or suspension of your access to the Requestor Services by the email address associated with your account or through the Requestor mobile app. These remedies are in addition to any other remedies Requestor may have at law or in equity. We reserve the right to terminate Free Accounts and free access to Requestor Services at any time, with or without notice without any liability of any kind.

8. Disclaimers, Indemnity, and Limitations of Liability

PLEASE READ THE FOLLOWING SECTIONS CAREFULLY; THEY MAY LIMIT THE LIABILITY OF REQUESTOR AND ITS PARENTS, DISTRIBUTORS, PROMOTERS, SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (COLLECTIVELY, THE "REQUESTOR ENTITIES").

a. Disclaimers

The Requestor Services and any third-party software, services, or applications made available in connection with the Requestor Services are provided "as is," without warranty of any kind.

To the maximum extent permitted by applicable law, Requestor and the Requestor Entities disclaim all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

You are solely responsible for any damage to your equipment or device, loss of use, or loss of data.

b. Indemnity

You agree to indemnify and hold harmless Requestor and the Requestor Entities from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) your use or misuse of the Requestor Services, (b) any violation of the rights of any other person or entity by you, or (c) your breach of any part of Requestor's Terms of Service.

Requestor reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

c. Limitation of Liability

To the maximum extent permitted by law, Requestor and the Requestor Entities will not be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages relating to your use of the Requestor Services, even if Requestor has been advised of the possibility of such damages.

In no event shall Requestor or the Requestor Entities' total liability to you for all damages, losses, or causes of action arising out of or relating to Requestor's Terms of Service exceed the amounts you paid to access the Requestor Services during the one (1) month immediately preceding the date of your claim.

The limitations of liability set forth in this section will survive any termination or expiration of Requestor's Terms of Service, and will apply even if any limited remedy specified in Requestor's Terms of Service is found to have failed of its essential purpose.

9. Governing Law and Jurisdiction

Please Contact Us First: Our goal is for you to be happy and satisfied. If you have a dispute with Requestor, you agree to contact us and attempt to resolve the dispute with us, informally.

Kentucky Provides the Governing Law and Jurisdiction for Requestor's Terms of Service: Requestor's Terms of Service will be governed by the laws of the State of Kentucky, without regard to conflicts of law provisions. Both parties consent to the exclusive jurisdiction of the state and federal courts sitting in Garrard County, Kentucky for any actions not subject to arbitration.

10. General Matters

Severability: If any provision of Requestor's Terms of Service is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from Requestor's Terms of Service.

No Waiver: If we do not enforce any right or provision of Requestor's Terms of Service, this is not to be deemed a waiver of our right to do so in the future.

No Assignment or Transfer: Requestor's Terms of Service, related Guidelines, and any rights and licenses granted that we grant you may not be transferred or assigned by you, but may be assigned or transferred by Requestor without restriction.

Entire Agreement: Requestor's Terms of Service constitutes the entire agreement between you and Requestor concerning the Requestor Services. Requestor's Terms of Service also supersedes all prior or contemporaneous agreements between you and Requestor.

We Can Modify Requestor's Terms of Service: Requestor may modify Requestor's Terms of Service from time to time. Any changes will be posted on the requestor.whatsnexttothemoon.com site. You agree to be bound by any changes to Requestor's Terms of Service if you continue to use the Requestor Services after those changes are posted, so please read all changes carefully. The most current version of Requestor's Terms of Service will always be located on our website or within our mobile application.

In the Event of Termination: The provisions of Requestor's Terms of Service that require or contemplate performance after the termination of Requestor's Terms of Service, and all provisions relating to limitation of liability, disclaimers, and indemnification, will be enforceable regardless of any termination of Requestor's Terms of Service.

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:

publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Software or any part thereof;
copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the Software to human readable form;
attempt to create the source code from the object code of the Software;
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;
make any third-party software contained in the Software a standalone product;
take any action that will infringe on the intellectual property or other proprietary rights of Requestor or any third party software provider;
sublicense or assign the Software;
access any content provided by Requestor or its suppliers anywhere other than within the country or location authorized by Requestor ("Territory"); and
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:

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.
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).
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.
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.
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.