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Terms of Use

These Terms of Use (“Agreement” or “Terms of Use”) are a legally binding agreement between you (the “User,” “you,” or “your”) and Moonshot Junior, Inc. d/b/a Moonpreneur (“Moonpreneur,” “we,” “us,” “our”). You acknowledge and agree that your use of Moonpreneur’s website including for reviewing and navigating MoonCampaigns at https://moonpreneur.com/ (the “Website”) will be governed by this Agreement, our Privacy Policy, and any related terms.

If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at customersupport@moonpreneur.com.

Your use of our Website shall constitute your acceptance of this Agreement and to all of the terms and conditions stated under this Agreement and our Privacy Policy referenced herein.

PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING AND NAVIGATING THROUGH OUR WEBSITE, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT; (B) YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; (C) YOU CAN FORM A BINDING CONTRACT; AND (D) YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS OUR PRIVACY POLICY REFERENCED HEREIN. FURTHERMORE, YOU HEREBY CONSENT ON BEHALF OF YOUR MINOR CHILD WHO MAY ACCESS THE WEBSITE TO THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, THE WAIVER OF THE RIGHT TO A TRIAL BY JURY AND/OR TRIAL BY COURT AND CONSENT TO ARBITRATE ANY CLAIM HEREWITH UNDER THE ARBITRATION CLAUSE SET FORTH HEREIN.

Capitalized terms not defined herein shall have the same meaning ascribed to them under our Privacy Policy.

1. INTRODUCTION TO MOONPRENEUR AND MOONCAMPAIGNS

Moonpreneur is a technology company that has developed a state of the art platform that offers futuristic learning solutions based on educational STEM (Science, Technology, Engineering, and Mathematics) to children between the ages of 7-17 and young entrepreneurs (“Students”) to bridge the gap in the traditional education system and prepare children for college admissions and the future workplace. Moonpreneur Services blends elements from Vedic learning, experiential learning, project-based learning, and gamification, resulting in a groundbreaking educational experience. Our learning solutions are provided on our Platform through different programs focusing on different skills such as maths, robotics, leadership, creativity and so on (each a “Program”).

“MoonCampaigns” are the innovation, creativity and leadership show-and-tell and showcases learnt through Programs that our Students post on our Website, that are available for your viewing, sharing and leaving comments.

2. PRIVACY POLICY

Our Privacy Policy describes how we handle the personal and business information you provide to us when you register for our Website. You understand that through your use of our Website, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the US, India, and/or other countries for storage, processing and use by Moonpreneur and our affiliates.

3. ELIGIBILITY & ACCESS RESTRICTIONS

To be eligible to use our Website, you must meet the following criteria and represent and warrant that you: (a) are 18 years of age or older; (b) are not currently restricted from accessing our Website, or not otherwise prohibited from having an account; (c) are not our competitor, or are not using our Website for reasons that are in competition with us; (d) will only maintain one registered account at any given time; (e) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (f) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and (g) agree to provide at your cost all equipment, browser software, and internet access necessary to use our Website.

4. CONTENT

Our Website makes available a collection of resources to its registered and non-registered users as the Service. Registered users can create Content such as select favorite MoonCampaigns, rate, comment, share links to the MoonCampaign and read other people’s Content. Non-registered users can browse other MoonCampaigns and read other people’s Content.

Moonpreneur shall have no liability of any kind with respect to any Content posted by you or other users of the Website. You agree that you must assess and bear all risks associated with your use of any Content.

You hereby grant to Moonpreneur a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Content or other information communicated by you to Moonpreneur through this site, and to incorporate any Content, in whole or in part, in other works in any form, media, or technology now known or later developed. You agree that Moonpreneur will not be bound to treat any Content as confidential and may use any Content in its business (including without limitation, for products, services, marketing, and/or advertising) without incurring any liability for royalties or any other consideration of any kind.

Links. Moonpreneur may provide, or third parties including Website members may provide, links to other websites or resources, which are not maintained by or related to Moonpreneur. Links to such sites are provided as a service to our users and are not sponsored by, endorsed or otherwise affiliated with Moonpreneur.

5. INFORMATION WE COLLECT

(a) Registration Information

To fully use our Website, such as interacting with MoonCampaigns, you will need to register using our online registration form, where you will be required to provide us with your contact information and certain other personal information namely your full name, phone number, and email address, and are required to read and agree to this Agreement. We require that you are over 18 to comment on a MoonCampaign, and do not knowingly request or collect any children’s data.

You may not share your account or login information with any other person, nor allow any third party to access your account. You agree to promptly update your account information to ensure it remains accurate and complete at all times.

(b) Usage of Our Website.

We automatically track certain information about you based upon your use of our Website. We use this information to conduct internal research on our Users’ demographics, interests, and behavior to better understand and serve our Users. This information may include the URL that you just came from, which URL you next go to, what browser you are using, and your IP address.

(c) Cookies.

In addition, we use “cookies” on certain pages of our Website. Cookies are small files that can be used to track a User’s steps or automatically generate a User’s password. Some features of our Website may only be available through the use of a cookie. Among other things, cookies allow you to enter your password less frequently during a session. Cookies can also help us provide information which is targeted to your interests. Cookies are stored on your hard drive, not on our Website. Most cookies are automatically deleted at the end of a session. You may decline our cookies if your browser permits, although your use of the Website may then be restricted.

(d) Posts

If you choose to post messages in our Website’s message boards and under MoonCampaigns, we will collect such information about you as you may choose to disclose. Note that any posts or comments are public information.

6. OUR USE OF YOUR INFORMATION

(a) Promotional Use.

We use personal information about you to enhance our marketing and promotional efforts, and to improve our content and services. We may also use your information to deliver to you advertisements, new services and promotions. You can avoid receiving some of this information by changing your options on your account status page.

(b) Administrative Notices, etc.

We use your email address and phone number to contact you regarding administrative notices, new product offerings, and communications relevant to your use of the Website. If you do not wish to receive these communications, you may have the ability to opt out on your account status page.

(c) Dispute Resolution.

We use information in the file we maintain about you, and other information we obtain from your current and past activities on the Website to resolve disputes, troubleshoot problems, and enforce our Agreement.

7. SERVICE LICENSE

Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Website to: (a) download, install, and use for your use in accordance with this Agreement on any mobile device owned or otherwise controlled by you strictly in accordance with this Agreement, and (b) access, stream, download, and use on your mobile device our Website and content made available in or otherwise accessible through our Website, strictly in accordance with this Agreement.

You will not use, copy, adapt, modify, prepare derivative works based upon our Website, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website, except as expressly permitted in this Agreement.

YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS OR USE OF OUR WEBSITE. WE PROVIDE NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO THE FEE, IF ANY, PAID TO MOONPRENEUR FOR THE ABILITY TO ACCESS OR USE OUR WEBSITE.

8. ACCESS AND SERVICE RESTRICTIONS

You agree that our Website, graphics, trademarks, and editorial content, contains proprietary content, information, and material, which are owned by Moonpreneur and/or our licensors, including our customers, brands and agencies, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of our Website or in any manner that is inconsistent with the terms contained in this Agreement.

You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Website, in any manner, and you will not exploit our Website in any unauthorized way whatsoever, including but not limited to, using our Website to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity.

9. RESERVATION OF RIGHTS

You acknowledge and agree that our Website is provided for your use. Except to the extent necessary to access and use our Website, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to our Website, whether expressly, by implication, estoppel, or otherwise. Moonpreneur and its licensors and service providers reserve and will retain their entire right, title, and interest in and to our Website, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

10. ACCESS RIGHTS

You can access and use our Website at https://moonpreneur.com/. You agree that we have the right to disable your access and use rights, at any time if, in our opinion, you have violated any provision of this Agreement and/or our Privacy Policy. We will not be liable for any loss or damage arising from your failure to comply with this Section.

We collect personal and business information (as set forth in our Privacy Policy), which we need, from you when you register to use our Website. Upon your written request, we will provide you with a list of all of the Personal Information that we store on you within thirty (30) days of receiving your request. Please send your requests to us at customersupport@moonpreneur.com.

11. REQUIRED CONDUCT AND PROHIBITED CONDUCT

As a condition to access our Website, you agree to this Agreement and to strictly observe the following:

a. Required Conduct

  1. i. Comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
  2. ii. Provide accurate information to Moonpreneur and update from time to time as may be necessary;
  3. iii. Review our Privacy Policy; and
  4. iv. Review and comply with notices sent by Moonpreneur, if any, concerning our Website.

b. Prohibited Conduct

  1. i. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our Website (excluding any user content);
  2. ii. Reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Website, or any part thereof;
  3. iii. Utilize information, content or any data you view on and/or obtain from our Website to provide any service that is competitive with us;
  4. iv. Imply or state, directly or indirectly, that you are affiliated with or endorsed by Moonpreneur unless you have entered into a written agreement with us;
  5. v. Adapt, modify, or create derivative works based on our Website or technology underlying our Website, or other users’ content, in whole or in part;
  6. vi. Rent, lease, loan, trade, sell/re-sell access to our Website or any information therein, or the equivalent, in whole or part;
  7. vii. Access, reload, or “refresh” or make any other request to transactional servers that are beyond generally accepted usage of web-based applications;
  8. viii. Use manual or automated software, devices, scripts robots, other means or processes to “scrape”, “crawl” or “spider” any web pages contained in the Website;
  9. ix. Use automated methods to add contacts or send messages;
  10. x. Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of our Website;
  11. xi. Attempt to or actually access our Website by any means other than through the interface provided by Moonpreneur;
  12. xii. Attempt to or actually override any security component included in or underlying our Website;
  13. xiii. Engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
  14. xiv. Remove any copyright, trademark, or other proprietary rights notices contained in or on our Website, including those of both Moonpreneur or any of our licensors;
  15. xv. Use any information obtained from our Website to harass, abuse, or harm another user; or
  16. xvi. Engage in any action or promote any content that is harmful, offensive, illegal, unlawful, discriminatory, dangerous, profane, or abusive.

12. MOONPRENEUR COMMUNICATIONS

You understand and agree that you may receive information and push notifications from Moonpreneur via email, text message on your mobile device, or calls to your mobile number, if you have provided these to us. You hereby consent to receive communications via email, text message on your mobile device, or calls to your mobile number.

a. Email Contact. We may send promotional messages about us and our products and services related to our Website to your email. When you send us a query email at customersupport@moonpreneur.com, you are providing us with consent to send emails to you for replying to your queries at your provided email address. By providing your email address, you agree with these Terms of Use and our Privacy Policy.

b. Push Notification. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our Website.

13. PAYMENT

Our Website is provided to you at no cost. In the event that we modify this in the future, we will communicate such modification to you as per the procedure detailed under Section 17 or as otherwise specified in another agreement between Moonpreneur and you.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold Moonpreneur and our officers, employees, managers, directors, customers, and agents (the “Indemnitees”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against Moonpreneur and our Indemnitees arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, fraud, or willful misconduct of you or your employees, agents, or contractors; (iii) incorrect information provided by you in your account or elsewhere; or (iv) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations.

15. DISCLAIMERS

Your access to and use of our Website or any content are at your own risk. You understand and agree that our Website is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our Website or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Website or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Website; and (iv) whether our Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

16. LIMITATION OF LIABILITY

You acknowledge and agree that, in no event shall Moonpreneur be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of this Agreement, or the use of, or the inability to use, our Website, including, without limitation, any information made available through our Website pursuant to this Agreement. In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability for all claims of every kind will not exceed USD 100. The foregoing limitation of liability will cover, without limitation, any technical malfunction, computer error or loss of data, and any other injury arising from the use of our Website.

17. TERMINATION

You may terminate this legally binding Agreement by ceasing use of our Website. Any provisions of this Agreement that by their nature should survive termination (including but not limited to confidentiality, limitation of liability, and payment obligations accrued prior to termination) shall survive.

18. ASSIGNMENT

This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void. Moonpreneur may assign this Agreement, in whole or in part, to any third party, including without limitation in connection with a merger, acquisition, sale of assets, corporate reorganization, or by operation of law, without your consent.

19. ANTI-BRIBERY AND EXPORT COMPLIANCE

You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer our Website in violation of any laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions.

Accordingly, we reserve the right to deny access, signup, or subscription to users from sanctioned jurisdictions.

Restricted Countries: Cuba, Iran, North Korea, Syria, Russia and Belarus.

By using our Website, you certify that you are not located in, under the control of, or a resident of any of these restricted jurisdictions and are not subject to any U.S. government sanctions.

20. MODIFICATIONS

We reserve the right, at our sole discretion, to change or modify these Terms of Use at any time. In the event we modify these Terms of Use, such modifications shall be binding on you if you continue using our Website. We will post a modified version of this page on our Website and changes are effective immediately after they are posted on this page. Your continued use of our Website shall constitute your consent to such changes.

21. RELATIONSHIP OF PARTIES

The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, or agent/servant. The User has no power or authority to bind Moonpreneur to any obligation, agreement, debt or liability. The User shall not hold itself out as an agent or representative of Moonpreneur.

22. GOVERNING LAW

This Agreement shall be governed by the law of the State of Delaware, without respect to its conflicts of laws principles. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, State of California for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 23.

23. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH MOONPRENEUR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

a. Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Moonpreneur agree (a) to waive your and Moonpreneur’s respective rights to have any and all Disputes arising from or related to this Agreement, use of our Website, resolved in a court, and (b) to waive your and Moonpreneur’s respective rights to a jury trial.

b. No Class Arbitrations, Class Actions or Representative Actions

You and Moonpreneur agree that any Dispute arising out of or related to these Terms of Use or use or access of our Website is personal to you and Moonpreneur and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

c. Federal Arbitration Act

You and Moonpreneur agree that these Terms of Use affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

d. Notice; Informal Dispute Resolution

You and Moonpreneur agree that each party will notify the other party in writing of any arbitral or small claims Dispute within thirty (30) days of the date it arises. Notice to Moonpreneur shall be sent by certified mail or courier to Moonshot Junior, Inc. Attn: CEO, 691 S Milpitas Blvd, STE 217 Milpitas CA 95035, USA.

e. Process

You and Moonpreneur agree that (a) any arbitration will occur in San Francisco County, California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section, and (c) that the state or federal courts of the State of California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

f. Authority of Arbitrator

As limited by the FAA, these Terms of Use and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitral, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action.

g. Rules of AAA

The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. By agreeing to be bound by these Terms of Use, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.

h. Severability

If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable.

i. Opt-Out Right

YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPTED THE TERMS OF THIS SECTION BY WRITING TO MOONPRENEUR, INC. AT 691 S MILPITAS BLVD, STE 217 MILPITAS CA 95035, USA RE: OPT-OUT. IN ORDER TO BE EFFECTIVE, THE OPT OUT NOTICE MUST INCLUDE YOUR FULL NAME AND CLEARLY INDICATE YOUR INTENT TO OPT OUT OF BINDING ARBITRATION. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES IN ACCORDANCE WITH SECTION 20.

24. MISCELLANEOUS

This Agreement along with our Privacy Policy constitutes the entire agreement between you and Moonpreneur and supersedes any prior agreements between you and Moonpreneur with respect to the subject matter herein. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Except as explicitly stated otherwise, any notices to Moonpreneur shall be given by certified mail, postage prepaid and return receipt requested to Moonshot Junior, Inc. at 691 S Milpitas Blvd, STE 217 Milpitas CA 95035, USA. Any notices to you shall be provided to you through our Website or given to you via the email address or physical address you provide to Moonpreneur during the registration process.