moonstream/frontend/pages/tos/index.js

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import React from "react";
import { Box, Heading, ListItem, Text, Link } from "@chakra-ui/react";
import { UnorderedList, OrderedList } from "@chakra-ui/react";
import { DEFAULT_METATAGS } from "../../src/core/constants";
import { getLayout, getLayoutProps } from "../../src/layouts/WideInfoPage";
const TermsOfService = () => (
<Box mt="72px">
<Box px="1.5rem" m="auto" mb={8} maxWidth="1199.98px" minHeight="60vh">
<Heading textAlign="start" my={8} as="h1">
Moonstream Terms of Service
</Heading>
<Text fontSize="md">
Welcome to Moonstream! Please read these Terms of Service before
accessing or using Moonstream.
</Text>
<Heading mt={4}>Definitions</Heading>
<OrderedList>
<ListItem>
<Text mt={4} fontSize="md">
{`An "Account" represents your legal relationship with Simiotics, Inc.
A “User Account” represents an individual Users authorization to
log in to and use the Service and serves as a Users identity on
Moonstream. “Groups” represent teams of users. A User Account can be a
member of any number of Groups.`}
</Text>
</ListItem>
<ListItem>
<Text mt={4} fontSize="md">
{` The “Agreement” refers, collectively, to all the terms, conditions,
notices contained or referenced in this document (the “Terms of
Service” or the "Terms") and all other operating rules, policies
(including the Moonstream Privacy Statement) and procedures that we
may publish from time to time on the Website.`}
</Text>
</ListItem>
<ListItem>
<Text mt={4} fontSize="md">
{` “Content” refers to content featured or displayed through the
Website, including without limitation code, text, data, articles,
images, photographs, graphics, software, applications, packages,
designs, features, and other materials that are available on the
Website or otherwise available through the Service. "Content" also
includes Services. “User-Generated Content” is Content, written or
otherwise, created or uploaded by our Users. "Your Content" is
Content that you create or own.`}
</Text>
</ListItem>
<ListItem>
<Text mt={4} fontSize="md">
Moonstream, Bugout, Simiotics, We, and Us refer to
Simiotics, Inc., as well as our affiliates, directors, subsidiaries,
contractors, licensors, officers, agents, and employees.
</Text>
</ListItem>
<ListItem>
<Text mt={4} fontSize="md">
The Service refers to the applications, software, products, and
services provided by Simiotics.
</Text>
</ListItem>
<ListItem>
<Text mt={4} fontSize="md">
The User, You, and Your refer to the individual person,
company, or organization that has visited or is using the Website or
Service; that accesses or uses any part of the Account; or that
directs the use of the Account in the performance of its functions.
A User must be at least 13 years of age.
</Text>
</ListItem>
<ListItem>
<Text mt={4} fontSize="md">
The Website refers to Moonstreams website located at
moonstream.to, and all content, services, and products provided by
Moonstream at or through the Website. It also refers to subdomains
of moonstream.to, such as blog.moonstream.to. Occasionally, websites
owned by Moonstream may provide different or additional terms of
service. If those additional terms conflict with this Agreement, the
more specific terms apply to the relevant page or service.
</Text>
</ListItem>
</OrderedList>
<Heading mt={4}>Account Terms</Heading>
<Heading as="h3" mt={4} size="md">
Account Controls
</Heading>
<Text mt={4} fontSize="md">
Subject to these Terms, you retain ultimate administrative control over
your User Account and the Content within it.
</Text>
<Text mt={4} fontSize="md">
{` The "owner" of a Group that was created under these Terms has ultimate
administrative control over that Group and the Content within it. Within
the Service, an owner can manage User access to the Groups data and
projects. A Group may have multiple owners, but there must be at least
one User Account designated as an owner of a Group. If you are the owner
of an Group under these Terms, we consider you responsible for the
actions that are performed on or through that Group.`}
</Text>
<Heading as="h3" mt={4} size="md">
Required Information
</Heading>
<Text mt={4} fontSize="md">
You must provide a valid email address in order to complete the signup
process. Any other information requested, such as your real name, is
optional, unless you are accepting these terms on behalf of a legal
entity (in which case we need more information about the legal entity)
or if you opt for a paid Account, in which case additional information
will be necessary for billing purposes.
</Text>
<Heading as="h3" mt={4} size="md">
Account Requirements
</Heading>
<Text mt={4} fontSize="md">
{`We have a few simple rules for User Accounts on Moonstream's Service. You
must be a human to create an Account. Accounts registered by "bots" or
other automated methods are not permitted.`}
</Text>
<Text mt={4} fontSize="md">
{`We do permit machine accounts. A machine account is an Account set up by
an individual human who accepts the Terms on behalf of the Account,
provides a valid email address, and is responsible for its actions. A
machine account is used exclusively for performing automated tasks.
Multiple users may direct the actions of a machine account, but the
owner of the Account is ultimately responsible for the machine's
actions. You may maintain no more than one free machine account in
addition to your free User Account.`}
</Text>
<Text mt={4} fontSize="md">
{`One person or legal entity may maintain no more than one free Account
(if you choose to control a machine account as well, that's fine, but it
can only be used for running a machine).`}
</Text>
<Text mt={4} fontSize="md">
You must be age 13 or older. If we learn of any User under the age of
13, we will terminate that Users Account immediately. If you are a
resident of a country outside the United States, your countrys minimum
age may be older; in such a case, you are responsible for complying with
your countrys laws.
</Text>
<Text mt={4} fontSize="md">
Your login may only be used by one person i.e., a single login may not
be shared by multiple people.
</Text>
<Text mt={4} fontSize="md">
A paid Group may only provide access to as many User Accounts as your
subscription allows.
</Text>
<Heading as="h3" mt={4} size="md">
User Account Security
</Heading>
<Text mt={4} fontSize="md">
You are responsible for keeping your Account secure while you use our
Service. The content of your Account and its security are up to you. You
are responsible for all content posted and activity that occurs under
your Account. You are responsible for maintaining the security of your
Account and password. Moonstream cannot and will not be liable for any
loss or damage from your failure to comply with this security
obligation.
</Text>
<Text mt={4} fontSize="md">
You will promptly notify Moonstream if you become aware of any
unauthorized use of, or access to, our Service through your Account,
including any unauthorized use of your password or Account.
</Text>
<Heading mt={4}>Acceptable Use</Heading>
<Text mt={4} fontSize="md">
Your use of the Website and Service must not violate any applicable
laws, including copyright or trademark laws, export control or sanctions
laws, or other laws in your jurisdiction. You are responsible for making
sure that your use of the Service is in compliance with laws and any
applicable regulations.
</Text>
<Heading mt={4}>User-Generated Content</Heading>
<Heading as="h3" mt={4} size="md">
Responsibility for User-Generated Content
</Heading>
<Text mt={4} fontSize="md">
You may create or upload User-Generated Content while using the Service.
You are solely responsible for the content of, and for any harm
resulting from, any User-Generated Content that you post, upload, link
to or otherwise make available via the Service, regardless of the form
of that Content. We are not responsible for any public display or misuse
of your User-Generated Content.
</Text>
<Heading as="h3" mt={4} size="md">
Moonstream May Remove Content
</Heading>
<Text mt={4} fontSize="md">
We have the right to refuse or remove any User-Generated Content that,
in our sole discretion, violates any laws or Moonstream terms or
policies.
</Text>
<Heading as="h3" mt={4} size="md">
Ownership of Content, Right to Post, and License Grants
</Heading>
<Text mt={4} fontSize="md">
{`You retain ownership of and responsibility for Your Content. If you're
posting anything you did not create yourself or do not own the rights
to, you agree that you are responsible for any Content you post; that
you will only submit Content that you have the right to post; and that
you will fully comply with any third party licenses relating to Content
you post.`}
</Text>
<Text mt={4} fontSize="md">
Because you retain ownership of and responsibility for Your Content, we
need you to grant us and other Moonstream Users certain legal
permissions. These license grants apply to Your Content. If you upload
Content that already comes with a license granting Moonstream the
permissions we need to run our Service, no additional license is
required. You understand that you will not receive any payment for any
of these granted rights. The licenses you grant to us will end when you
remove Your Content from our servers, unless other Users have cloned it.
</Text>
<Text as="h3" mt={4} size="md">
License Grant to Us
</Text>
<Text mt={4} fontSize="md">
We need the legal right to do things like host Your Content, publish it,
and share it. You grant us and our legal successors the right to store,
archive, parse, and display Your Content, and make incidental copies, as
necessary to provide the Service, including improving the Service over
time. This license includes the right to do things like copy it to our
database and make backups; show it to you and other users; parse it into
a search index or otherwise analyze it on our servers; share it with
other users; and perform it, in case Your Content is something like
music or video. This license does not grant Moonstream the right to sell
Your Content. It also does not grant Moonstream the right to otherwise
distribute or use Your Content outside of our provision of the Service.
</Text>
<Heading as="h3" mt={4} size="md">
License Grant to Other Users
</Heading>
<Text mt={4} fontSize="md">
{`Any User-Generated Content you post publicly may be viewed by others. By
setting your content to be viewed publicly, you agree to allow others to
view and "clone" your content (this means that others may make their own
copies of Your Content). If you set your Content to be viewed publicly,
you grant each User of Moonstream a nonexclusive, worldwide license to use,
display, and perform Your Content through the Moonstream Service and to
reproduce Your Content solely on Moonstream as permitted through Moonstream's
functionality (for example, through cloning). If you are uploading
Content you did not create or own, you are responsible for ensuring that
the Content you upload is licensed under terms that grant these
permissions to other Moonstream Users.`}
</Text>
<Heading as="h3" mt={4} size="md">
Moral Rights
</Heading>
<Text mt={4} fontSize="md">
You retain all moral rights to Your Content that you upload, publish, or
submit to any part of the Service, including the rights of integrity and
attribution. However, you waive these rights and agree not to assert
them against us, to enable us to reasonably exercise the rights granted
above, but not otherwise.
</Text>
<Text mt={4} fontSize="md">
To the extent this agreement is not enforceable by applicable law, you
grant Moonstream the rights we need to use Your Content without
attribution and to make reasonable adaptations of Your Content as
necessary to render the Website and provide the Service.
</Text>
<Heading mt={4}>Private Content</Heading>
<Heading as="h3" mt={4} size="md">
Control of Private Content
</Heading>
<Text mt={4} fontSize="md">
Some Accounts may have private content -- for example, groups or
journals -- which allow the User to control access to Content.
</Text>
<Heading as="h3" mt={4} size="md">
Confidentiality of Private Content
</Heading>
<Text mt={4} fontSize="md">
Moonstream considers private content to be confidential to you.
Moonstream will protect the contents of private repositories from
unauthorized use, access, or disclosure in the same manner that we would
use to protect our own confidential information of a similar nature and
in no event with less than a reasonable degree of care.
</Text>
<Heading as="h3" mt={4} size="md">
Access
</Heading>
<Text mt={4} fontSize="md">
Moonstream personnel may only access the content of your private content
in the situations described in our{" "}
<Link color="primary.600" href="/privacy-policy">
Privacy Policy
</Link>
.
</Text>
<Text mt={4} fontSize="md">
Additionally, we may be compelled by law to disclose your private
content.
</Text>
<Heading mt={4}>Intellectual Property Notice</Heading>
<Heading as="h3" mt={4} size="md">
{`Moonstream's Rights to Content`}
</Heading>
<Text mt={4} fontSize="md">
Moonstream and our licensors, vendors, agents, and/or our content
providers retain ownership of all intellectual property rights of any
kind related to the Website and Service. We reserve all rights that are
not expressly granted to you under this Agreement or by law.
</Text>
<Heading mt={4}>API Terms</Heading>
<Text mt={4} fontSize="md">
{`Abuse or excessively frequent requests to Moonstream via the API may result
in the temporary or permanent suspension of your Account's access to the
API. Moonstream, in our sole discretion, will determine abuse or excessive
usage of the API. We will make a reasonable attempt to warn you via
email prior to suspension.`}
</Text>
<Text mt={4} fontSize="md">
{`You may not share API tokens to exceed Moonstream's rate limitations.`}
</Text>
<Text mt={4} fontSize="md">
{`You may not use the API to download data or Content from Moonstream for
spamming purposes, including for the purposes of selling Moonstream users'
personal information, such as to recruiters, headhunters, and job
boards.`}
</Text>
<Text mt={4} fontSize="md">
All use of the Moonstream API is subject to these Terms of Service and
the Moonstream{" "}
<Link color="primary.600" href="/privacy-policy">
Privacy Policy
</Link>
.
</Text>
<Text mt={4} fontSize="md">
{`Moonstream may offer subscription-based access to our API for those Users
who require high- throughput access or access that would result in
resale of Moonstream's Service.`}
</Text>
<Heading mt={4}>Payment</Heading>
<Heading as="h3" mt={4} size="md">
Pricing
</Heading>
<Text mt={4} fontSize="md">
If you agree to a subscription price, that will remain your price for
the duration of the payment term; however, prices are subject to change
at the end of a payment term.
</Text>
<Heading as="h3" mt={4} size="md">
Authorization
</Heading>
<Text mt={4} fontSize="md">
By agreeing to these Terms, you are giving us permission to charge your
on-file credit card, PayPal account, or other approved methods of
payment for fees that you authorize for Moonstream.
</Text>
<Heading as="h3" mt={4} size="md">
Responsibility for Payment
</Heading>
<Text mt={4} fontSize="md">
You are responsible for all fees, including taxes, associated with your
use of the Service. By using the Service, you agree to pay Moonstream
any charge incurred in connection with your use of the Service. If you
dispute the matter, contact us. You are responsible for providing us
with a valid means of payment for paid Accounts. Free Accounts are not
required to provide payment information.
</Text>
<Heading mt={4}>Cancellation and Termination</Heading>
<Heading as="h3" mt={4} size="md">
Account Cancellation
</Heading>
<Text mt={4} fontSize="md">
It is your responsibility to properly cancel your Account with
Moonstream. You can cancel your Account at any time by contacting us by
email (info@moonstream.to).
</Text>
<Heading as="h3" mt={4} size="md">
Upon Cancellation
</Heading>
<Text mt={4} fontSize="md">
We will retain and use your information as necessary to comply with our
legal obligations, resolve disputes, and enforce our agreements, but
barring legal requirements, we will delete your full profile and the
Content of your repositories within 90 days of cancellation or
termination (though some information may remain in encrypted backups).
This information can not be recovered once your Account is cancelled.
</Text>
<Text mt={4} fontSize="md">
We will not delete Content that you have contributed to Groups or that
other Users have cloned.
</Text>
<Text mt={4} fontSize="md">
Upon request, we will make a reasonable effort to provide an Account
owner with a copy of your lawful, non-infringing Account contents after
Account cancellation, termination, or downgrade.
</Text>
<Text mt={4} fontSize="md">
You must make this request within 90 days of cancellation, termination,
or downgrade.
</Text>
<Heading as="h3" mt={4} size="md">
Moonstream May Terminate
</Heading>
<Text mt={4} fontSize="md">
Moonstream has the right to suspend or terminate your access to all or
any part of the Website at any time, with or without cause, with or
without notice, effective immediately.
</Text>
<Text mt={4} fontSize="md">
Moonstream reserves the right to refuse service to anyone for any reason
at any time.
</Text>
<Heading as="h3" mt={4} size="md">
Survival
</Heading>
<Text mt={4} fontSize="md">
All provisions of this Agreement which, by their nature, should survive
termination will survive termination including, without limitation:
ownership provisions, warranty disclaimers, indemnity, and limitations
of liability.
</Text>
<Heading mt={4}>Communications with Moonstream</Heading>
<Text mt={4} fontSize="md">
For contractual purposes, you (1) consent to receive communications from
us in an electronic form via the email address you have submitted or via
the Service; and (2) agree that all Terms of Service, agreements,
notices, disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that those communications
would satisfy if they were on paper. This section does not affect your
non-waivable rights.
</Text>
<Heading mt={4}>Disclaimer of Warranties</Heading>
<Text mt={4} fontSize="md">
Moonstream provides the Website and the Service as is and as
available, without warranty of any kind. Without limiting this, we
expressly disclaim all warranties, whether express, implied or
statutory, regarding the Website and the Service including without
limitation any warranty of merchantability, fitness for a particular
purpose, title, security, accuracy and non-infringement.
</Text>
<Text mt={4} fontSize="md">
Moonstream does not warrant that the Service will meet your
requirements; that the Service will be uninterrupted, timely, secure, or
error-free; that the information provided through the Service is
accurate, reliable or correct; that any defects or errors will be
corrected; that the Service will be available at any particular time or
location; or that the Service is free of viruses or other harmful
components. You assume full responsibility and risk of loss resulting
from your downloading and/or use of files, information, content or other
material obtained from the Service.
</Text>
<Heading mt={4}>Limitation of Liability</Heading>
<Text mt={4} fontSize="md">
You understand and agree that we will not be liable to you or any third
party for any loss of profits, use, goodwill, or data, or for any
incidental, indirect, special, consequential or exemplary damages,
however arising, that result from the use, disclosure, or display of
your:
</Text>
<UnorderedList pl={3}>
<ListItem>
<Text mt={4} fontSize="md">
User-Generated Content;
</Text>
</ListItem>
<ListItem>
<Text mt={4} fontSize="md">
your use or inability to use the Service;
</Text>
</ListItem>
<ListItem>
<Text mt={4} fontSize="md">
any modification, price change, suspension or discontinuance of the
Service;
</Text>
</ListItem>
<ListItem>
<Text mt={4} fontSize="md">
the Service generally or the software or systems that make the
Service available;
</Text>
</ListItem>
<ListItem>
<Text mt={4} fontSize="md">
unauthorized access to or alterations of your transmissions or data;
</Text>
</ListItem>
<ListItem>
<Text mt={4} fontSize="md">
statements or conduct of any third party on the Service;
</Text>
</ListItem>
<ListItem>
<Text mt={4} fontSize="md">
any other user interactions that you input or receive through your
use of the Service;
</Text>
</ListItem>
<ListItem>
<Text mt={4} fontSize="md">
or any other matter relating to the Service.
</Text>
</ListItem>
</UnorderedList>
<Text mt={4} fontSize="md">
Our liability is limited whether or not we have been informed of the
possibility of such damages, and even if a remedy set forth in this
Agreement is found to have failed of its essential purpose. We will have
no liability for any failure or delay due to matters beyond our
reasonable control.
</Text>
<Heading mt={4}>Release and Indemnification</Heading>
<Text mt={4} fontSize="md">
If you have a dispute with one or more Users, you agree to release
Moonstream from any and all claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out
of or in any way connected with such disputes.
</Text>
<Text mt={4} fontSize="md">
You agree to indemnify us, defend us, and hold us harmless from and
against any and all claims, liabilities, and expenses, including
attorneys fees, arising out of your use of the Website and the Service,
including but not limited to your violation of this Agreement, provided
that Moonstream (1) promptly gives you written notice of the claim,
demand, suit or proceeding; (2) gives you sole control of the defense
and settlement of the claim, demand, suit or proceeding (provided that
you may not settle any claim, demand, suit or proceeding unless the
settlement unconditionally releases Moonstream of all liability); and
(3) provides to you all reasonable assistance, at your expense.
</Text>
<Heading mt={4}>Changes to These Terms</Heading>
<Text mt={4} fontSize="md">
{`We reserve the right, at our sole discretion, to amend these Terms of
Service at any time and will update these Terms of Service in the event
of any such amendments. We will notify our Users of material changes to
this Agreement, such as price increases, at least 30 days prior to the
change taking effect by posting a notice on our Website or sending email
to the primary email address specified in your Moonstream account.
Customer's continued use of the Service after those 30 days constitutes
agreement to those revisions of this Agreement. For any other
modifications, your continued use of the Website constitutes agreement
to our revisions of these Terms of Service.`}
</Text>
<Heading mt={4}>Miscellaneous</Heading>
<Heading as="h3" mt={4} size="md">
Governing Law
</Heading>
<Text mt={4} fontSize="md">
Except to the extent applicable law provides otherwise, this Agreement
between you and Moonstream and any access to or use of the Website or
the Service are governed by the federal laws of the United States of
America and the laws of the State of California, without regard to
conflict of law provisions. You and Moonstream agree to submit to the
exclusive jurisdiction and venue of the courts located in the City and
County of San Francisco, California.
</Text>
<Heading as="h3" mt={4} size="md">
Non-Assignability
</Heading>
<Text mt={4} fontSize="md">
Moonstream may assign or delegate these Terms of Service and/or the
Moonstream
<Link color="primary.600" href="/privacy-policy">
{" "}
Privacy Policy
</Link>
, in whole or in part, to any person or entity at any time with or
without your consent. You may not assign or delegate any rights or
obligations under the Terms of Service or Privacy Statement without our
prior written consent, and any unauthorized assignment and delegation by
you is void.
</Text>
<Text mt={4} size="md">
Severability, No Waiver, and Survival
</Text>
<Text mt={4} fontSize="md">
If any part of this Agreement is held invalid or unenforceable, that
portion of the Agreement will be construed to reflect the parties
original intent. The remaining portions will remain in full force and
effect. Any failure on the part of Moonstream to enforce any provision
of this Agreement will not be considered a waiver of our right to
enforce such provision. Our rights under this Agreement will survive any
termination of this Agreement.
</Text>
<Text mt={4} size="md">
Amendments; Complete Agreement
</Text>
<Text mt={4} fontSize="md">
This Agreement may only be modified by a written amendment signed by an
authorized representative of Moonstream, or by the posting by Moonstream
of a revised version in accordance with Section Q. Changes to These
Terms. These Terms of Service, together with the Moonstream{" "}
<Link color="primary.600" href="/privacy-policy">
Privacy Policy
</Link>
, represent the complete and exclusive statement of the agreement
between you and us. This Agreement supersedes any proposal or prior
agreement oral or written, and any other communications between you and
Moonstream relating to the subject matter of these terms including any
confidentiality or nondisclosure agreements.
</Text>
</Box>
</Box>
);
TermsOfService.getLayout = getLayout;
export async function getStaticProps() {
const layoutProps = getLayoutProps();
const metaTags = {
title: "Moonstream: terms of service",
description: "Terms of service and legal information",
keywords: "moonstream, terms of service, legal",
url: "https://www.moonstream.to/tos",
};
layoutProps.props.metaTags = {
...layoutProps.props.metaTags,
...DEFAULT_METATAGS,
...metaTags,
};
return { ...layoutProps };
}
export default TermsOfService;