Terms of Service

Terms of Service

The Gist:

We (the folks at Millennial Moose™) run this site and would love for you to use it. This site, blog, cartoon, forum, information products and related services are designed to educate and entertain, and we encourage you to express yourself freely. However, be responsible in what you write, and please be respectful. Being critical is fine, but rudeness and personal attacks are not. In particular, make sure that none of the prohibited items listed below appear in your writing or what you link to (things like spam, viruses, or hate content).
That’s the gist. Thanks also to the crew at Automattic (the creators behind WordPress.com), who have made their more comprehensive Terms of Service available under a Creative Commons Sharealike license, which means that you can borrow some or all of their wording for your own Terms of Service. It helps a lot.

Terms of Service:

The following terms and conditions govern all use of the https://www.millennialmoose.com website and all content, services and products available at or through the website, including, but not limited to, associated blogs, forums, information products and websites, taken together, the Website. The Website is owned and operated by Millennial Moose™. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Millennial Moose’s™ Privacy Policy) and procedures that may be published from time to time on this Site by Millennial Moose™ (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Millennial Moose™, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Responsibility of Contributors 

If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
* the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
* you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
* the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
* the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
* the Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
* your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
* your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog or comment’s URL or name is not the name of a person other than yourself or company other than your own; and
* you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Millennial Moose™ or otherwise.
Without limiting any of those representations or warranties, Millennial Moose™ has the right (though not the obligation) to, in Millennial Moose’s™ sole discretion (i) refuse or remove any content that, in Millennial Moose’s™ reasonable opinion, violates any Millennial Moose™ policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Millennial Moose’s™ sole discretion.

2. Responsibility of Website Visitors

Millennial Moose™ has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Millennial Moose™ does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Millennial Moose™ disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

3. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which millennialmoose.com links, and that link to millennialmoose.com. Millennial Moose™ does not have any control over those non-millennialmoose.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-millennialmoose.com website or webpage, Millennial Moose™ does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Millennial Moose™ disclaims any responsibility for any harm resulting from your use of non-millennialmoose.com websites and webpages.

4. Copyright Infringement and DMCA Policy.

As Millennial Moose™ asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by millennialmoose.com violates your copyright, you are encouraged to notify Millennial Moose™ in accordance with standard Digital Millennium Copyright Act (”DMCA”) Policy. Millennial Moose™ will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Millennial Moose™ or others, Millennial Moose™ may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Millennial Moose™ will have no obligation to provide a refund of any amounts previously paid to Millennial Moose™.

5. Corrections, Suggestions, and Complaints.

We welcome comments and suggestions, as well as complaints about errors, on the Website that warrant correction. Comments and suggestions, as well as complaints about errors, can be submitted via email at info [at] millennialmoose (dot) com.

6. Intellectual Property. 

This Agreement does not transfer from Millennial Moose™ to you any Millennial Moose™ or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Millennial Moose™. Millennial Moose™, millennialmoose.com, the “Millennial Moose” logo, and all other trademarks, service marks, graphics and logos used in connection with millennialmoose.com, or the Website are trademarks or registered trademarks of Millennial Moose™; Nathan Lieberman; or licensors of the aforementioned companies. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Millennial Moose™ or third-party trademarks. You hereby grant Millennial Moose™ an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on or in connection with the Website or Millennial Moose™ services or the promotion thereof and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with Millennial Moose™ or the promotion thereof.

7. Changes.  

Millennial Moose™ reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Millennial Moose™ may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

8. Termination. 

Millennial Moose™ may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Disclaimer of Warranties. 

Millennial Moose™ may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

10. Limitation of Liability. 

In no event will Millennial Moose™, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Millennial Moose™ under this agreement during the twelve (12) month period prior to the cause of action. Millennial Moose™ shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

11. General Representation and Warranty. 

You represent and warrant that (i) your use of the Website will be in strict accordance with the Millennial Moose™ Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

12. Indemnification. 

You agree to indemnify and hold harmless Millennial Moose™, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

13. Miscellaneous.   

This Agreement constitutes the entire agreement between Millennial Moose™ and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Millennial Moose™, or by the posting by Millennial Moose™ of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Ohio, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Franklin County, Ohio. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Columbus, Ohio, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Millennial Moose™ may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Affiliate Program

Our Affiliate Program (the “Program”) is meant to encourage you to promote our products, to bring us to new audiences and to make sure that you are rewarded for your activity. It does not create any relationship between us apart from independent contractors; you are not our employee, nor do we have a partnership: if we approve your participation in this program, you are an independent contractor.

This means you should pay all applicable taxes, make sure that you have proper insurance, and not make any statement on our behalf. It also means that we will pay you the sums we agree upon specific dates.

Please understand that our liability to you is limited, as stated in our terms of service, and that we are non-exclusive; we can find other affiliates, and you can market other products.

1. Scope of Relationship.   

When joining the program, and upon our approval, you will be appointed as a non-exclusive affiliate, and you shall act to refer new potential customers to purchase our products and services. As our affiliate, you may not present yourself as a part of Millennial Moose, and may not create any obligation on behalf of Millennial Moose.

Your participation is personal, meaning that you cannot have sub-affiliates or share your affiliate fees with anyone else.

You shall invest reasonable time in promoting our products and services, and do it with good quality; if we find that your promotional material is problematic, offensive, illegal or otherwise objectionable, we may terminate your participation in the program.

You represent and warrant that you are able to participate in the program, that you will only act in a legal, bona fide manner and that you will not infringe on any intellectual property right or act in any deceptive practice when participating in it.

2. Promotional Materials and Intellectual Property.   

We reserve all our Intellectual Property Rights; and we provide our affiliates a limited, temporary, non-exclusive, non-transferrable, non-sublicensable license to use our trademark, brand name, and promotional materials, and such license is limited only to the use in promoting our products and services with our permitted banners according to our Trademark Guidelines

This means that you cannot use our Intellectual Property Rights with another brand name or as a bundled project. It also means that you cannot allow others to use the content we licensed to you.

You may only use the permitted banners and promotional material that we provide you as a part of our gallery.

All promotional materials showing prices should reflect updated prices and discounts at any time.

3. Termination and Suspension   

We reserve the right to terminate your affiliation with Millennial Moose (i.e., your membership in the Program), at any time, by providing you with notice of such termination (to the email account with which you applied to the Program), and with immediate effect, at Millennial Moose’s sole discretion. When we terminate our relationship, you must cease using all of our Intellectual Property Rights. 

In any case we suspect any breach of these terms, we may also suspend your account until we receive sufficient evidence from you that shows that no breach of these terms occurred.  In such case, we may require review of your books and records prior to reinstatement.

Upon termination due to breach (save for termination due to inactivity), we shall retain all funds in your account.

4. Termination for Inactivity   

In case we believe that your account is inactive, meaning it did not earn any commission or receive any visits using your referral link, then we may decide to close down your account. In such case, your pending balance, if not exceeding the payment threshold, will not be paid. We will not use this right without providing you notice of at least 30 days, allowing you the time to market and promote your referral links and restore your “active” status.

5. Malicious Use   

As long as you participate in the program, you cannot provide any third-party a copy of the Millennial Moose Blueprints or other products, nor can you create derivative works of them. This is to ensure that all distribution of Millennial Moose products is made only via our official channels and without any backdoors, changes or insertion of malicious code.

Any work you created that uses both or intellectual property, and your own (for example, a promotional video that has our logo) must be destroyed or deleted. If you do not wish to do so, please contact us and request our specific consent (legal@millennialmoose.com).

6. Commission

Each affiliate will be provided with a fixed affiliate commission that we will notify in writing. We may change this commission at any time based on our own discretion. Such changes will not be retroactive.

We pay our commission for qualified leads; a qualified lead is a new customer, who subscribed to our platform within a certain duration of days of clicking a permitted banner you placed, and who made a purchase of any of our goods and services; all, provided that we were not introduced to this customer by any other affiliate or that he did not subscribe to our website of his own volition prior to his click. We will not pay a commission for self-dealing, i.e using the affiliate program to get discounts.

The commission shall be calculated out of our net revenues from your qualified leads, which means our total revenues, minus taxes, chargebacks, cancellations, bad debt, collection costs, clearing costs and payments made in order to collect the payment.

The means of tracking your qualified leads shall be by placing a banner, button or link that includes your tracking tags, pixels, and code we provide you.

You agree that our books and records are deemed as accurate and that our tracking is final.

7. Payment

Your commission is calculated only upon payment to you. Until then, the expected payment is not an obligation from us to you, but an estimation of future revenues.

We pay our affiliates on a monthly basis when their commissions reach a threshold that we determine and post on our website. The payment shall be made via AffiliateWP payout services, PayPal or any other method we agree upon.

Until the payment is made, the sums specified on your account are not considered debt, and shall not be paid until you reach that threshold. 

You shall bear all taxes and expenses relating to the payment, including any fees which may be incurred by your bank.

You are required by law to provide us with an invoice upon payment.

If we provide a qualified lead with a refund, then we may deduct the commission from your future payment, or request that you return such fees. You also agree that we may offset any sums that you may owe us from any future payments.

Each party shall bear its own expenses, and the commission you are entitled to is the sole payment you receive in relation to your services.

8. Bad Practices

Without limiting our Trademark Guidelines, we consider the following as “bad practices” which are prohibited and will cause automatic termination of your participation in this program, as well as forfeiture of all sums you are entitled to.

Please note that if at any time we believe that you acted in bad faith or illegally, we may also cancel your participation and withhold all payments.

The following are considered bad practices: (i) using deceptive practices, encouraging users to click banners or use of any automated means to create traffic; (ii) presenting yourself as a part of Millennial Moose; (iii) using the Millennial Moose brand, either in violation of the Trademark Guidelines while presenting unpermitted banners, or when using the Millennial Moose brand as a part of your domain name, website name, banners or in any form of paid advertising (for example, PPC campaigns); (iv) using domain names that imply any link to the Millennial Moose brand including the words “Millennial Moose” or similar sounding, looking or typed names; (v) spamming; (vi) buying traffic; (vii) using paid search or keyword advertising using our Intellectual Property Rights or brand name to drive traffic to your site or to the banners; (viii) making any changes to the Millennial Moose products including the tags, pixels and codes; (ix) offering coupons or discounts without our consent; (x) offering others a part of your commission; (xi) placing your unique affiliate link in Millennial Moose products, on the WordPress Dashboard and/or any other WordPress software;  (xii) using words like “deal”, “sale” or “discount” in a deceptive manner or in a way stating that there is any discount, rebate, cash-back or other reduced payment for the services when there isn’t.

All websites which you use to promote Millennial Moose must have a prominent privacy policy, which is acceptable under the relevant privacy protection laws, as well as provide a prominent notice on the collection of data made by us using the tag, pixel, and code.

This list is non-exhaustive, and we may block any practice that we believe is bad and terminate or suspend your account due to it. Bad Practices also include any illegal or unauthorized advertising, infringing intellectual property rights, invading users’ privacy, or otherwise using any advertising in violation of local laws and regulations.

9. Confientiality

Our relationship is confidential; meaning that your commission is confidential, the fact that we paid you is not. You should add a decent disclosure if required by law that you receive a commission for every click on our banner, but you should not tell others what is your specific commission.

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