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Legal & Privacy

 

MOON, AS A CONVENIENCE TO YOU GRANTS YOU ACCESS TO ITS WEBSITES, ACCESSIBLE VIA WWW.MOONAPPAREL.CA (THE “SITE”) CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN (THESE “TERMS OF USE”). FOR THE PURPOSES OF THESE TERMS OF USE, “CONTENT” MEANS, COLLECTIVELY, ANY TEXT, IMAGES, SOFTWARE, SOURCE CODE, APPLICATIONS, SPECIFICATIONS, AUDIO FILES, ARTICLES, AND OTHER INFORMATION OR CONTENT AVAILABLE THROUGH THE SITE THAT ARE NOT SUBMISSIONS (AS DEFINED BELOW).

1. ACCEPTANCE OF TERMS.

PLEASE READ THESE TERMS OF USE AND MOON’S PRIVACY POLICY CAREFULLY. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY . IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF ANY CONTENT. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. MOON CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.

YOU ARE ALSO SUBJECT TO THE MOON PRIVACY POLICY.

THESE TERMS OF USE ARE EFFECTIVE AS OF SEPTEMBER 01, 2012.

2. USE AND RESTRICTIONS.

THE SITE IS PROVIDED SOLELY AS A CONVENIENCE TO YOU FOR NON-COMMERCIAL USE. YOU MAY USE THE SITE ONLY IN ACCORDANCE WITH ALL APPLICABLE LAWS AND REGULATIONS AND WITH THESE TERMS OF USE. YOU ACKNOWLEDGE AND AGREE THAT MOON, IN ITS SOLE DISCRETION AND WITHOUT NOTICE OR ANY FURTHER OBLIGATION TO YOU, MAY TEMPORARILY SUSPEND OR PERMANENTLY DISCONTINUE YOUR, AND REFUSE ANY AND ALL CURRENT AND FUTURE, ACCESS TO OR USE OF THE SITE. YOU FURTHER AGREE THAT YOU WILL NOT: (A) MODIFY, DISTRIBUTE, TRANSMIT, DISPLAY, PERFORM, REPRODUCE, PUBLISH, LICENSE, CREATE DERIVATIVE WORKS OF, TRANSFER, OR SELL ANY CONTENT; (B) OTHER THAN FOR YOUR USE OF THE SITE AS EXPRESSLY PERMITTED IN THESE TERMS OF USE, ACCESS OR ATTEMPT TO ACCESS ANY SYSTEMS OR SERVERS ON WHICH THE SITE IS HOSTED OR MODIFY OR ALTER THE SITE IN ANY WAY; OR (C) FORGE HEADERS, CREATE A FALSE IDENTITY OR OTHERWISE MANIPULATE IDENTIFIERS IN ORDER TO DECEIVE OTHERS OR DISGUISE THE ORIGIN OF ANY CONTENT OR OTHER INFORMATION TRANSMITTED TO OR VIA THE SITE.

3. COPYRIGHT

THE CONTENT AND THE SITE, AS WELL AS THE SELECTION AND ARRANGEMENT THEREOF, ARE THE SOLE PROPERTY OF MOON AND/OR ITS LICENSORS AND ARE PROTECTED BY PATENT, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS AND MAY NOT BE USED EXCEPT IN ACCORDANCE WITH THESE TERMS OF USE OR WITH MOON’S EXPRESS WRITTEN CONSENT. OTHER THAN AS NECESSARY FOR YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS OF USE, MOON GRANTS NO OTHER PRIVILEGES OR RIGHTS IN THE CONTENT TO YOU, AND YOU MUST KEEP INTACT ALL PATENT, COPYRIGHT AND OTHER PROPRIETARY NOTICES ON THE CONTENT. ANY CONTENT OWNED BY MOON’S LICENSORS MAY BE SUBJECT TO ADDITIONAL RESTRICTIONS.

4. TRADEMARK

ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES, LOGOS AND TRADE DRESS, WHETHER REGISTERED OR UNREGISTERED (COLLECTIVELY THE “MARKS”) THAT APPEAR ON THE SITE ARE PROPRIETARY TO MOON OR SUCH MARKS’ RESPECTIVE OWNERS. YOU MAY NOT DISPLAY OR REPRODUCE THE MARKS OTHER THAN WITH THE PRIOR WRITTEN CONSENT OF MOON, AND YOU MAY NOT REMOVE OR OTHERWISE MODIFY ANY TRADEMARK NOTICES FROM ANY CONTENT.

5. SUBMISSIONS

YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR THE INFORMATION, PROFILES, GOALS, OPINIONS, MESSAGES, COMMENTS, PHOTOS AND OTHER CONTENT OR MATERIAL THAT YOU SUBMIT, UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON OR THROUGH THE SITE (EACH A “SUBMISSION”) AND THROUGH THE SERVICES AVAILABLE IN CONNECTION WITH THIS SITE, AND THAT YOU, AND NOT MOON, HAVE FULL RESPONSIBILITY FOR EACH SUCH SUBMISSION YOU MAKE, INCLUDING ITS LEGALITY, RELIABILITY, APPROPRIATENESS, AND TRADEMARK AND COPYRIGHT OWNERSHIP. UNLESS OTHERWISE EXPLICITLY STATED HEREIN OR IN THE MOON PRIVACY POLICY, YOU AGREE THAT ANY SUBMISSION PROVIDED BY YOU IN CONNECTION WITH THIS SITE IS PROVIDED ON A NON-PROPRIETARY AND NON-CONFIDENTIAL BASIS. YOU AGREE THAT MOON IS FREE TO USE A SUBMISSION FOR THE PURPOSE OF PROVIDING YOU WITH THE ASSOCIATED SERVICES AND YOU GRANT MOON A SUB-LICENSABLE, PERPETUAL, NONEXCLUSIVE, WORLDWIDE, ROYALTY-FREE LICENSE TO (IN ANY MEDIA, WHETHER NOW KNOWN OR NOT CURRENTLY KNOWN OR INVENTED) LINK TO, UTILIZE, USE, PUBLICLY PERFORM, PUBLICLY DISPLAY, REPRODUCE, DISTRIBUTE, MODIFY AND PREPARE DERIVATIVE WORKS OF THE SUBMISSION. ADDITIONALLY, MOON AGREES TO USE ALL OF YOUR SUBMISSIONS IN ACCORDANCE WITH MOON’S PRIVACY POLICY APPLICABLE TO PERSONALLY IDENTIFIABLE INFORMATION. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.

YOU FURTHER AGREE THAT YOU WILL NOT UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THIS SITE ANY MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK, OR ANY OTHER PROPRIETARY RIGHT WITHOUT THE EXPRESS PERMISSION OF THE OWNER OF SUCH COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY RIGHT OWNED BY A THIRD PARTY, AND THE BURDEN OF DETERMINING WHETHER ANY MATERIAL IS PROTECTED BY ANY SUCH RIGHT IS ON YOU. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGE RESULTING FROM ANY INFRINGEMENT OF COPYRIGHTS, TRADEMARKS, PROPRIETARY RIGHTS, OR ANY OTHER HARM RESULTING FROM ANY SUBMISSION THAT YOU MAKE.

YOU REPRESENT AND WARRANT THAT: (I) YOU OWN ALL SUBMISSIONS POSTED BY YOU ON OR THROUGH THIS SITE OR OTHERWISE HAVE THE RIGHT TO GRANT THE LICENSES TO MOON SET FORTH IN THIS SECTION, AND (II) THE POSTING OF YOUR SUBMISSIONS ON OR THROUGH THIS SITE DOES NOT VIOLATE THE PRIVACY RIGHTS, PUBLICITY RIGHTS, TRADEMARK RIGHTS, COPYRIGHTS, CONTRACT RIGHTS OR ANY OTHER RIGHTS OF ANY PERSON OR ENTITY. YOU AGREE TO PAY FOR ALL ROYALTIES, FEES, DAMAGES AND ANY OTHER MONIES OWING ANY PERSON BY REASON OF ANY SUBMISSIONS POSTED BY YOU TO OR THROUGH THIS SITE.

WHEN SUBMITTING SUBMISSIONS TO OR OTHERWISE USING THIS SITE AND/OR THE SERVICES, YOU AGREE NOT TO, WITHOUT LIMITATION:

  1. DEFAME, ABUSE, HARASS, STALK, THREATEN, OR OTHERWISE VIOLATE THE LEGAL RIGHTS (SUCH AS RIGHTS OF PRIVACY AND PUBLICITY) OF OTHERS.
  2. USE RACIALLY, ETHNICALLY, OR OTHERWISE OFFENSIVE LANGUAGE.
  3. DISCUSS OR INCITE ILLEGAL ACTIVITY.
  4. USE EXPLICIT/OBSCENE LANGUAGE OR SOLICIT/POST SEXUALLY EXPLICIT IMAGES (ACTUAL OR SIMULATED).
  5. POST ANYTHING THAT EXPLOITS CHILDREN OR MINORS OR THAT DEPICTS CRUELTY TO ANIMALS.
  6. POST ANY COPYRIGHTED OR TRADEMARKED MATERIALS WITHOUT THE EXPRESS PERMISSION FROM THE OWNER.
  7. DISSEMINATE ANY UNSOLICITED OR UNAUTHORIZED ADVERTISING, PROMOTIONAL MATERIALS, ‘JUNK MAIL’, ‘SPAM’, ‘CHAIN LETTERS’, ‘PYRAMID SCHEMES’, OR ANY OTHER FORM OF SUCH SOLICITATION.
  8. USE ANY ROBOT, SPIDER, SCRAPER OR OTHER AUTOMATED MEANS TO ACCESS THE SITE.
  9. TAKE ANY ACTION THAT IMPOSES AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON OUR INFRASTRUCTURE.
  10. ALTER THE OPINIONS, GOALS, PROFILES OR COMMENTS POSTED BY OTHERS ON THIS SITE.

THIS LIST OF PROHIBITIONS PROVIDES EXAMPLES AND IS NOT COMPLETE OR EXCLUSIVE. MOON RESERVES THE RIGHT TO (A) TERMINATE YOUR ACCESS TO YOUR ACCOUNT, YOUR ABILITY TO POST TO THIS SITE (OR THE SERVICES) AND (B) REFUSE, DELETE OR REMOVE ANY SUBMISSIONS; WITH OR WITHOUT CAUSE AND WITH OR WITHOUT NOTICE, FOR ANY REASON OR NO REASON, OR FOR ANY ACTION THAT MOON DETERMINES IS INAPPROPRIATE OR DISRUPTIVE TO THIS SITE OR TO ANY OTHER USER OF THIS SITE AND/OR SERVICES. MOON MAY REPORT TO LAW ENFORCEMENT AUTHORITIES ANY ACTIONS THAT MAY BE ILLEGAL, AND ANY REPORTS IT RECEIVES OF SUCH CONDUCT. WHEN LEGALLY REQUIRED OR AT MOON’S DISCRETION, MOON WILL COOPERATE WITH LAW ENFORCEMENT AGENCIES IN ANY INVESTIGATION OF ALLEGED ILLEGAL ACTIVITY ON THIS SITE OR ON THE INTERNET.

THESE PROHIBITIONS DO NOT REQUIRE MOON TO MONITOR, POLICE OR REMOVE ANY SUBMISSIONS OR OTHER INFORMATION SUBMITTED BY YOU OR ANY OTHER USER.

6. FEEDBACK

IF YOU SUBMIT ANY FEEDBACK OR IDEAS ABOUT OUR PRODUCTS AND SERVICES TO THIS SITE, YOU HEREBY ASSIGN AND AGREE TO ASSIGN TO MOON ALL RIGHT, TITLE AND INTEREST IN AND TO SUCH FEEDBACK.

7. MODIFICATIONS

ANY CONTENT OFFERED OR POSTED ON THE SITE IS SUBJECT TO MODIFICATION OR DISCONTINUATION AT ANY TIME AND FROM TIME TO TIME WITHOUT NOTICE OR OBLIGATION TO YOU. WITHOUT LIMITING THE FOREGOING, MOON RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CHARGE FEES FOR THE USE OR PURCHASE OF, OR ACCESS TO, ANY PRODUCTS, SERVICES OR CONTENT OFFERED THROUGH THE SITE, AT ANY TIME AND FROM TIME TO TIME.

8. LINKS TO 3RD PARTY WEBSITES

THE SITE MAY CONTAIN LINKS TO WEBSITES AND OTHER RESOURCES OPERATED BY THIRD PARTIES OTHER THAN MOON. SUCH LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU. MOON DOES NOT CONTROL SUCH WEBSITES, AND IS NOT RESPONSIBLE FOR THE CONTENT, PRODUCTS, SERVICES OR INFORMATION OFFERED BY ANY THIRD PARTIES. THE INCLUSION OF LINKS TO SUCH WEBSITES ON THE SITE DOES NOT IMPLY ANY ENDORSEMENT OF ANY WEBSITE OR THE CONTENT, PRODUCTS OR SERVICES OFFERED, ADVERTISED, ENDORSED OR PROMOTED BY ANY THIRD PARTY, OR OF ANY COMPANY OR PERSON. IF YOU DECIDE TO ACCESS ANY THIRD PARTY WEBSITES OR ACQUIRE ANY THIRD PARTY PRODUCTS OR SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK, AND YOU MAY BE SUBJECT TO THE TERMS AND CONDITIONS AND THE PRIVACY POLICIES IMPOSED BY SUCH THIRD PARTIES.

9. WARRANTIES AND DISCLAIMER

THE SITE, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOON DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, MOON DOES NOT REPRESENT OR WARRANT THAT THE SITE, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO MOON THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

10. LIMITATION OF LIABILITY

MOON AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

11. COPYRIGHT AND TRADEMARK INFRINGEMENTS

NOTIFICATION:
MOON RESPECTS THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND WE ASK YOU TO DO THE SAME. MOON MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR DISCRETION, TERMINATE SERVICE AND/OR ACCESS TO THIS SITE FOR USERS WHO INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. IF YOU BELIEVE THAT YOUR WORK IS THE SUBJECT OF COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AND APPEARS ON OUR SITE, PLEASE PROVIDE MOON’S DESIGNATED AGENT THE FOLLOWING INFORMATION:

  1. A PHYSICAL OR ELECTRONIC SIGNATURE OF A PERSON AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF AN EXCLUSIVE RIGHT THAT IS ALLEGEDLY INFRINGED.
  2. IDENTIFICATION OF THE COPYRIGHTED AND/OR TRADEMARKED WORK CLAIMED TO HAVE BEEN INFRINGED, OR, IF MULTIPLE WORKS AT A SINGLE ONLINE SITE ARE COVERED BY A SINGLE NOTIFICATION, A REPRESENTATIVE LIST OF SUCH WORKS AT THAT SITE.
  3. IDENTIFICATION OF THE MATERIAL THAT IS CLAIMED TO BE INFRINGING OR TO BE THE SUBJECT OF INFRINGING ACTIVITY AND THAT IS TO BE REMOVED OR ACCESS TO WHICH IS TO BE DISABLED AT THE SITE, AND INFORMATION REASONABLY SUFFICIENT TO PERMIT MOON TO LOCATE THE MATERIAL.
  4. INFORMATION REASONABLY SUFFICIENT TO PERMIT MOON TO CONTACT YOU AS THE COMPLAINING PARTY, SUCH AS AN ADDRESS, TELEPHONE NUMBER, AND, IF AVAILABLE, AN ELECTRONIC MAIL ADDRESS AT WHICH YOU MAY BE CONTACTED.
  5. A STATEMENT THAT YOU HAVE A GOOD FAITH BELIEF THAT USE OF THE MATERIAL IN THE MANNER COMPLAINED OF IS NOT AUTHORIZED BY THE COPYRIGHT AND/OR TRADEMARK OWNER, ITS AGENT, OR THE LAW.
  6. A STATEMENT THAT THE INFORMATION IN THE NOTIFICATION IS ACCURATE, AND UNDER PENALTY OF PERJURY, THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF AN EXCLUSIVE RIGHT THAT IS ALLEGEDLY INFRINGED.

MOON’S AGENT FOR NOTICE OF CLAIMS OF COPYRIGHT OR TRADEMARK INFRINGEMENT ON THIS SITE CAN BE REACHED AS BY MAIL:

JORDIN MIMRAN
171 EAST LIBERTY STREET, SUITE 360
TORONTO, ON
M6K 3P6
CANADA

12. GOVERNING LAW

ALL LITIGATION, COURT PROCEEDINGS, ARBITRATION PROCEEDINGS, MEDIATION PROCEEDINGS, LAWSUITS, COURT HEARINGS AND OTHER HEARINGS OR ACTIONS INITIATED IN CONNECTION WITH THE SITE AND/OR THE CONTENT MUST AND WILL BE VENUED EXCLUSIVELY IN TORONTO, ON, CANADA. THESE TERMS OF USE AND THE RELATIONSHIP BETWEEN YOU AND MOON WILL BE GOVERNED BY THE LAWS OF THE TORONTO, ON, CANADA WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICT OF LAWS OF ANY JURISDICTION.

13. MISCELLANEOUS

IF ANY PROVISION OF THESE TERMS OF USE IS HELD TO BE INVALID, ILLEGAL OR UNENFORCEABLE IN ANY RESPECT UNDER ANY APPLICABLE LAW OR RULE IN ANY JURISDICTION, SUCH INVALIDITY, ILLEGALITY OR UNENFORCEABILITY WILL NOT AFFECT THE EFFECTIVENESS OR VALIDITY OF ANY PROVISION IN ANY OTHER JURISDICTION, AND THESE TERMS OF USE WILL BE REFORMED, CONSTRUED AND ENFORCED IN SUCH JURISDICTION AS IF SUCH PROVISION HAD NEVER BEEN CONTAINED HEREIN. ANY HEADINGS OR TITLES HEREIN ARE FOR CONVENIENCE ONLY. THE OFFICIAL LANGUAGE OF THESE TERMS OF USE EXCLUSIVELY SHALL BE, AND ALL COMMUNICATIONS AND AGREEMENTS BETWEEN MOON AND YOU AND ANY PROCEEDINGS IN CONNECTION WITH THESE TERMS OF USE AND/OR YOUR USE OF THE SITE, EXCLUSIVELY SHALL BE MADE IN, THE ENGLISH LANGUAGE. MOON AND YOU WAIVE ANY RIGHTS THEY MAY HAVE UNDER ANY OTHER LAW TO HAVE THESE TERMS OF USE WRITTEN IN ANOTHER LANGUAGE, AND ANY TRANSLATION OF THIS TERMS OF USE WILL BE FOR CONVENIENCE ONLY. YOU AGREE THAT NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT, OR AGENCY RELATIONSHIP EXISTS BETWEEN YOU AND MOON AS A RESULT OF THESE TERMS OF USE, OUR PRIVACY POLICY OR ANY USE OF THE SITE. MOON’S PERFORMANCE OF THESE TERMS OF USE IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THESE TERMS OF USE OR OUR PRIVACY POLICY IS IN DEROGATION OF MOON’S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE SITE OR INFORMATION PROVIDED TO OR GATHERED BY MOON WITH RESPECT TO SUCH USE. THESE TERMS OF USE AND OUR PRIVACY POLICY CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND MOON WITH RESPECT TO THE SITE, AND THEY SUPERSEDE ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS, WHETHER ELECTRONIC, ORAL OR WRITTEN, BETWEEN YOU AND MOON WITH RESPECT TO THE SITE.

YOUR PRIVACY: OVERVIEW

THIS PRIVACY POLICY (THIS “PRIVACY POLICY”) TELLS YOU ABOUT THE INFORMATION THAT MOON (“WE,” “US” OR “OUR”) COLLECTS IN CONNECTION WITH THE OPERATION OF ITS WEBSITE WWW.MOONAPPAREL.CA (THE “SITE”), HOW THE INFORMATION IS USED AND HOW YOU CAN ACCESS AND CORRECT CERTAIN INFORMATION THAT WE MAY COLLECT.

PLEASE NOTE THAT THIS PRIVACY POLICY APPLIES ONLY TO INFORMATION COLLECTED FROM YOU BY MOON VIA THE SITE AND DOES NOT APPLY TO INFORMATION OBTAINED OR DISCLOSED IN OFFLINE CORRESPONDENCE OR THROUGH OTHER PERSONAL CONTACTS WITH MOON REPRESENTATIVES. FURTHER, THE SITE MAY CONTAIN LINKS TO OTHER ENTITIES’ WEBSITES THAT ARE NOT CONTROLLED OR OPERATED BY MOON. THIS PRIVACY POLICY DOES NOT APPLY TO SUCH THIRD PARTY WEBSITES, AND MOON IS NOT RESPONSIBLE FOR THE CONTENT OF SUCH THIRD PARTY WEBSITES OR THE PRIVACY PRACTICES OF SUCH THIRD PARTIES. THEREFORE, WE ENCOURAGE YOU TO REQUEST AND REVIEW THE PRIVACY POLICIES OF ANY THIRD PARTIES UPON DISCLOSING YOUR INFORMATION SUCH PARTIES OR VISITING SUCH THIRD PARTY WEBSITES.

THIS PRIVACY POLICY IS EFFECTIVE AS OF SEPTEMBER 01, 2012.

COLLECTION OF YOUR INFORMATION

YOU CAN ACCESS SOME AREAS OF THE SITE WITHOUT SUBMITTING ANY PERSONALLY IDENTIFIABLE INFORMATION. MOON COLLECTS PERSONALLY IDENTIFIABLE INFORMATION ONLY IF YOU CHOOSE TO COMPLETE THE ONLINE FORMS TO CONTACT US, COMPLETE A PROFILE AND/OR UPLOAD GOALS, PROVIDE DESIGN OR PRODUCT FEEDBACK OR TO REQUEST INFORMATION OR ASSISTANCE THROUGH THE SITE. THE PERSONALLY IDENTIFIABLE INFORMATION THAT MOON COLLECTS THROUGH THESE PORTIONS OF THE SITE INCLUDES YOUR NAME, USERNAME, PASSWORD, E MAIL ADDRESS, ADDRESS AND TELEPHONE NUMBER AND ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION THAT YOU CHOOSE TO INCLUDE IN YOUR PROFILE OR IN YOUR SUBMISSIONS OF YOUR GOALS TO US. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND AUTHORITY TO PROVIDE ANY INFORMATION PROVIDED BY YOU. MOON MAY ALSO COLLECT CERTAIN NON PERSONALLY IDENTIFIABLE INFORMATION IN CONNECTION WITH THE OPERATION OF THE SITE, INCLUDING IP ADDRESSES, BROWSER OR OPERATING SYSTEM INFORMATION, DATA ON ADVERTISEMENTS OR LINKS ON WHICH YOU CLICK, AND THE WEBSITES THAT YOU VISIT BEFORE OR AFTER YOU VISIT THE SITE. SUCH INFORMATION IS MAINTAINED BY MOON OR SERVICE PROVIDERS ACTING ON BEHALF OF MOON. OTHER USERS OF THE SITE WILL NOT BE ABLE TO VIEW YOUR PROFILE AND GOALS.

PROTECTION OF YOUR INFORMATION

TO PREVENT UNAUTHORIZED ACCESS OR DISCLOSURE, MAINTAIN DATA ACCURACY AND FACILITATE THE APPROPRIATE USE OF INFORMATION, MOON USES PHYSICAL, TECHNOLOGICAL AND ADMINISTRATIVE PROCEDURES TO ATTEMPT TO PROTECT THE PERSONALLY IDENTIFIABLE INFORMATION WE COLLECT THROUGH THE SITE. NEVERTHELESS, INTERNET TRANSMISSIONS ARE NEVER COMPLETELY PRIVATE OR SECURE. YOU UNDERSTAND THAT ANY MESSAGES OR INFORMATION YOU SEND TO THE SITE MAY BE READ OR INTERCEPTED BY OTHERS.

USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

UPON OUR COLLECTION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION, MOON MAY USE SUCH PERSONALLY IDENTIFIABLE INFORMATION INTERNALLY, SEPARATELY OR IN COMBINATION WITH PRE-EXISTING INFORMATION, FOR THE FOLLOWING PURPOSES:

  1. TO PROVIDE ANY REQUESTED INFORMATION, PRODUCTS OR SERVICES;
  2. TO TROUBLESHOOT PROBLEMS WITH THE SITE;
  3. TO CUSTOMIZE YOUR EXPERIENCE OR HOMEPAGE ON THE SITE;
  4. TO ENFORCE OUR TERMS OF USE OR COMPLY WITH THIS PRIVACY POLICY; OR
  5. TO CONTACT YOU WITH MORE INFORMATION ABOUT MOON AND ITS PRODUCTS.

PERSONALLY IDENTIFIABLE INFORMATION COLLECTED ON THE SITE MAY BE STORED AND PROCESSED IN THE UNITED STATES, CANADA OR ABROAD.

DISCLOSURE OF YOUR INFORMATION

WE MAY DISCLOSE YOUR PERSONALLY IDENTIFIABLE INFORMATION TO OUR SUBSIDIARIES OR AFFILIATES AND TO THIRD PARTY PARTNERS WHOM WE OCCASIONALLY HIRE TO PROVIDE SERVICES ON OUR BEHALF, INCLUDING SUPPORT SERVICES, WEBSITE SERVICES, DELIVERING PROMOTIONAL MATERIALS, ANSWERING CUSTOMER QUESTIONS ABOUT OUR SERVICES AND NEW SERVICES. MOON WILL ONLY PROVIDE THOSE THIRD PARTY PARTNERS WITH THE PERSONALLY IDENTIFIABLE INFORMATION THEY NEED TO DELIVER THE SERVICES TO US AND/OR ON OUR BEHALF, AND THEY WILL BE CONTRACTUALLY PROHIBITED FROM USING THAT INFORMATION FOR ANY OTHER PURPOSE. IN THE EVENT THAT MOON IS INVOLVED IN A TRANSACTION SUCH AS A MERGER, STOCK PURCHASE OR SALE, OR SALE OF SUBSTANTIALLY ALL OF MOON’S ASSETS, YOUR PERSONAL INFORMATION MAY BE TRANSFERRED TO THE OTHER PARTY IN SUCH TRANSACTION.

MOON RESERVES THE RIGHT TO DISCLOSE YOUR PERSONALLY IDENTIFIABLE INFORMATION IF REQUIRED TO DO SO BY LAW OR LEGAL PROCESS OR OTHERWISE REQUESTED BY ANY LAW ENFORCEMENT OFFICER OR AGENCY ACTING UNDER COLOUR OF LAW. IN ADDITION, MOON RESERVES THE RIGHT TO DISCLOSE YOUR PERSONALLY IDENTIFIABLE INFORMATION BASED ON THE GOOD FAITH BELIEF THAT SUCH ACTION IS NECESSARY OR APPROPRIATE TO: (A) PROTECT AND DEFEND THE RIGHTS OR PROPERTY OF MOON, OR (B) ACT IN URGENT CIRCUMSTANCES TO PROTECT THE SAFETY OR SECURITY OF THE PUBLIC OR OF USERS OF THE MOON’S PRODUCTS AND/OR THE SITE.

RETENTION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

THE PERSONALLY IDENTIFIABLE INFORMATION THAT YOU PROVIDE WILL BE STORED AND MAINTAINED BY MOON UNTIL YOU INSTRUCT US OTHERWISE, OR, IN MOON’S SOLE DISCRETION, FOR THE LONGER OF:(A) FOR SO LONG AS IS NECESSARY OR APPROPRIATE TO CARRY OUT THE PURPOSE(S) FOR WHICH SUCH INFORMATION WAS COLLECTED AND (B) FOR SO LONG AS WE ARE REQUIRED TO MAINTAIN SUCH INFORMATION BY LAW OR OTHER APPLICABLE RULES OR REGULATIONS.

CHILDREN’S PRIVACY

MOON RECOGNIZES THE PRIVACY INTERESTS OF CHILDREN AND WE ENCOURAGE PARENTS AND GUARDIANS TO TAKE AN ACTIVE ROLE IN THEIR CHILDREN’S ONLINE ACTIVITIES AND INTERESTS. THIS SITE IS NOT INTENDED FOR CHILDREN UNDER THE AGE OF 13. MOON DOES NOT TARGET ITS SERVICES OR THIS SITE TO CHILDREN UNDER 13. MOON DOES NOT KNOWINGLY COLLECT PERSONALLY IDENTIFIABLE INFORMATION FROM CHILDREN UNDER THE AGE OF 13.

CHOICE AND OPT-OUT PREFERENCES

MOON DOES NOT COLLECT YOUR PERSONALLY IDENTIFIABLE INFORMATION UNLESS YOU CHOOSE TO PROVIDE IT. IF, AT ANY TIME, YOU PREFER NOT TO RECEIVE FURTHER E MAIL COMMUNICATIONS FROM MOON (EXCEPT IN CONNECTION WITH INFORMATION, PRODUCTS OR SERVICES THAT YOU SPECIFICALLY REQUEST), YOU WILL HAVE THE ABILITY TO UNSUBSCRIBE FROM SUCH COMMUNICATIONS BY MEANS OF A LINK PROVIDED IN EVERY BROADCAST E-MAIL THAT IS SENT TO YOU BY MOON. IF, AT ANY TIME, YOU PREFER NOT TO RECEIVE ANY OTHER FORM OF COMMUNICATION FROM MOON, YOU WILL HAVE THE ABILITY TO UNSUBSCRIBE FROM SUCH COMMUNICATIONS BY CONTACTING US AT: CONTACT@MOONAPPAREL.CA.

ACCESS AND ACCURACY

MOON WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE ACCESS TO YOUR PERSONALLY IDENTIFIABLE INFORMATION IF YOU REQUEST SUCH ACCESS IN WRITING SUBMITTED TO:CONTACT@MOONAPPAREL.CA. MOON RESERVES THE RIGHT TO DENY ACCESS TO YOUR PERSONALLY IDENTIFIABLE INFORMATION: (A) WHEN SUCH DENIAL OF ACCESS IS REQUIRED BY LAW, (B) WHEN GRANTING YOU ACCESS IS REASONABLY LIKELY TO NEGATIVELY IMPACT OTHER PEOPLE’S PRIVACY, YOUR ACCEPTANCE OF THIS PRIVACY POLICY AND REVISIONS TO THIS PRIVACY POLICY WHEN SUCH ACCESS IS COST PROHIBITIVE, YOUR ACCEPTANCE OF THIS PRIVACY POLICY AND REVISIONS TO THIS PRIVACY POLICY TO PROTECT MOON’S RIGHTS AND PROPERTY, AND © WHEN SUCH REQUESTS ARE FRIVOLOUS OR MADE IN BAD FAITH. IF YOU BELIEVE THAT THE PERSONALLY IDENTIFIABLE INFORMATION MAINTAINED BY MOON ABOUT YOU IS INACCURATE OR INCOMPLETE, YOU MAY NOTIFY MOON IN WRITING DESCRIBING IN DETAILS ANY INACCURACIES OR OMISSIONS, SUBMITTED TO: CONTACT@MOONAPPAREL.CA. FOLLOWING RECEIPT OF SUCH A PROPERLY SUBMITTED WRITTEN NOTICE, MOON WILL, WITHIN A REASONABLE TIME PERIOD, USE COMMERCIALLY REASONABLE EFFORTS TO, IN ITS SOLE DISCRETION, EITHER: (D) AMEND OR CORRECT YOUR PERSONALLY IDENTIFIABLE INFORMATION TO REFLECT CORRECTED OR ADDITIONAL INFORMATION PROVIDED BY YOU, OR (E) IN CONNECTION WITH YOUR PERSONALLY IDENTIFIABLE INFORMATION, MAKE NOTE OF ANY CLAIMED INACCURACIES OR OMISSIONS REFLECTED IN THE NOTICE SUBMITTED BY YOU.

YOUR ACCEPTANCE OF THIS PRIVACY POLICY AND REVISIONS TO THIS PRIVACY POLICY

BY USING THE SITE, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY NOT USE THE SITE. MOON RESERVES THE RIGHT, IN OUR DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THIS PRIVACY POLICY AT ANY TIME AND FROM TIME TO TIME, WITHOUT PRIOR NOTICE TO YOU. ALL REVISIONS WILL BE POSTED TO THE SITE. WE URGE YOU TO REVIEW THIS PRIVACY POLICY FREQUENTLY FOR CHANGES. YOUR CONTINUED USE OF THE SITE MEANS THAT YOU ACCEPT THOSE CHANGES.

QUESTIONS OR COMMENTS

MOON WELCOMES QUESTIONS AND COMMENTS ABOUT THIS PRIVACY POLICY. QUESTIONS OR COMMENTS SHOULD BE DIRECTED TO CONTACT@MOONAPPAREL.CA

MIMRAN GROUP INC.
171 EAST LIBERTY STREET, SUITE 360
TORONTO ON
M6K 3P6
CANADA

 

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