Terms and Conditions
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Last updated: June 18, 2018
Please read these Terms and Conditions ("Terms", "Terms and Conditions")
carefully before using the Pocket Build mobile application (the "Service")
operated by MoonBear LTD ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and
compliance with these Terms. These Terms apply to all visitors, users and
others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you
disagree with any part of the terms then you may not access the Service.
Purchases
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You are encouraged to familiarise yourself with your rights contained within
the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair
Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the
Service ("Purchase"), you may be asked to supply certain information relevant
to your Purchase including, without limitation, your credit card number, the
expiration date of your credit card, your billing address, and your shipping
information.
You represent and warrant that: (i) you have the legal right to use any credit
card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete. You
expressly agree that MoonBear LTD is not responsible for any loss or damage
arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the
information to third parties for purposes of facilitating the completion of
Purchases.
We reserve the right to refuse or cancel your order at any time for certain
reasons including but not limited to: product or service availability, errors
in the description or price of the product or service, error in your order or
other reasons. You expressly agree that MoonBear LTD cannot accept any
liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an
unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
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We are constantly updating our offerings of products and services on the
Service. The products or services available on our Service may be mispriced,
described inaccurately, or unavailable, and we may experience delays in
updating information on the Service and in our advertising on other web sites.
You expressly agree that any such offer of a product or service does not
constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any
information, including prices, product images, specifications, availability,
and services. We reserve the right to change or update information and to
correct errors, inaccuracies, or omissions at any time without prior notice.
Section "Availability, Errors and Inaccuracies" is without prejudice to
existing statutory rights.
Contests, Sweepstakes and Promotions
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Any contests, sweepstakes or other promotions (collectively, "Promotions")
made available through the Service may be governed by rules that are separate
from these Terms. If you participate in any Promotions, please review the
applicable rules as well as our Privacy Policy. If the rules for a Promotion
conflict with these Terms and Conditions, the Promotion rules will apply. The
terms and conditions of any other "Promotions" are independent of this
agreement.
Accounts
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When you create an account with us, you must provide us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of your account
on our Service.
You are responsible for safeguarding the password that you use to access the
Service and for any activities or actions under your password, whether your
password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use
of your account.
You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trade mark that is subject to any
rights of another person or entity other than you without appropriate
authorization, or a name that is otherwise offensive, vulgar or obscene. You
expressly agree that we cannot be held liable for any loss or damage arising
out of any misrepresentations you make in this regard.
Copyright Policy
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We respect the intellectual property rights of others. It is our policy to
respond to any claim that Content posted on the Service infringes the
copyright or other intellectual property infringement ("Infringement") of any
person.
If you are a copyright owner, or authorized on behalf of one, and you believe
that the copyrighted work has been copied in a way that constitutes copyright
infringement that is taking place through the Service, you must submit your
notice in writing to the attention of "Copyright Infringement" of
contact@moonbear.com and include in your notice a detailed description of the
alleged Infringement.
In cases where there are conflicting claims to the ownership of Copyright, it
is our policy to air on the side of removing materials from our Service.
Complaints under the Copyrights, Designs and Patents Act 1988, and European
Commerce Directive 2000
If you wish to make a complaint/request that certain material be taken down,
please send a request in writing to our Notice and Takedown Officer.
We, MoonBear LTD, are committed to ensuring that the material displayed on our
Service is lawful and in accordance with our UK and EU Copyright Law. To help
us deal with your complaint as quickly as possible, please include the
following information in your correspondence and mark it as "URGENT":
* Your contact details - including your name, email address and daytime
telephone number.
* Identify the material in question - please include sufficient detail to
enable us to identify the material complained of.
* The reasons for your objection.
We will review each objection on its merits and pending our inquiries, may
remove or disable access to the relevant material from our Service.
Where appropriate, you should include information relating to the status of
the material in question (i.e. Where you hold a Trademark, or own the
Copyright to an image). This will enable us to deal with your request
promptly.
You can contact our Notice and Takedown Officer via email at contact@moonbear.com
Intellectual Property
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The Service and its original content, features and functionality are and will
remain the exclusive property of MoonBear LTD and its licensors. The Service
is protected by copyright, trademark, and other laws of both the United
Kingdom and foreign countries. Our trademarks and trade dress may not be used
in connection with any product or service without the prior written consent of
MoonBear LTD.
Links To Other Web Sites
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Our Service may contain links to third-party web sites or services that are
not owned or controlled by MoonBear LTD.
MoonBear LTD has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that MoonBear LTD shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any
such content, goods or services available on or through any such web sites or
services.
We strongly advise you to read the terms and conditions and privacy policies
of any third-party web sites or services that you visit.
Termination
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We may terminate or suspend your account immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if you
breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you
wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
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You agree to defend, indemnify and hold harmless MoonBear LTD and its licensee
and licensors, and their employees, contractors, agents, officers and
directors, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to
attorney's fees), resulting from or arising out of a) your use and access of
the Service, by you or any person using your account and password, or b) a
breach of these Terms.
Limitation Of Liability
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In no event shall MoonBear LTD, nor its directors, employees, partners,
agents, suppliers, or affiliates, be liable for any indirect, incidental,
special, consequential or punitive damages, including without limitation, loss
of profits, data, use, goodwill, or other intangible losses, resulting from
(i) your access to or use of or inability to access or use the Service; (ii)
any conduct or content of any third party on the Service; (iii) any content
obtained from the Service; and (iv) unauthorized access, use or alteration of
your transmissions or content, whether based on warranty, contract, tort
(including negligence) or any other legal theory, whether or not we have been
informed of the possibility of such damage, and even if a remedy set forth
herein is found to have failed of its essential purpose.
Disclaimer
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Your use of the Service is at your sole risk. The Service is provided on an
"AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties
of any kind, whether express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, non-
infringement or course of performance.
MoonBear LTD its subsidiaries, affiliates, and its licensors do not warrant
that a) the Service will function uninterrupted, secure or available at any
particular time or location; b) any errors or defects will be corrected; c)
the Service is free of viruses or other harmful components; or d) the results
of using the Service will meet your requirements.
Exclusions
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Without limiting the generality of the foregoing and notwithstanding any other
provision of these terms, under no circumstances will MoonBear LTD ever be
liable to you or any other person for any indirect, incidental, consequential,
special, punitive or exemplary loss or damage arising from, connected with, or
relating to your use of the Service, these Terms, the subject matter of these
Terms, the termination of these Terms or otherwise, including but not limited
to personal injury, loss of data, business, markets, savings, income, profits,
use, production, reputation or goodwill, anticipated or otherwise, or economic
loss, under any theory of liability (whether in contract, tort, strict
liability or any other theory or law or equity), regardless of any negligence
or other fault or wrongdoing (including without limitation gross negligence
and fundamental breach) by MoonBear LTD or any person for whom MoonBear LTD is
responsible, and even if MoonBear LTD has been advised of the possibility of
such loss or damage being incurred.
Governing Law
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These Terms shall be governed and construed in accordance with the laws of
England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior
agreements we might have between us regarding the Service.
Changes
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We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will try to provide at least 15 days
notice prior to any new terms taking effect. What constitutes a material
change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, you must stop using the service.
Privacy Policy and Cookie Policy
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Please refer to our Privacy Policy and Cookies Policy. You agree that they
constitute part of these terms. You must read our Privacy Policy and Cookies
Policy before you use the Service.
Contact Us
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If you have any questions about these Terms, please contact us at contact@moonbear.com