Requestor's Terms of Service is a legal contract between you and Requestor ("Requestor","we", "our"), governing your use of mobile/web services and mobile/web software ("Requestor Software") owned, controlled or offered by What's Next to the Moon, LLC (collectively, the "Requestor Services"). PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY USING THE REQUESTOR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE, PLEASE CEASE USING THE REQUESTOR SERVICES IMMEDIATELY.
You acknowledge and agree that this contract is only between you and Requestor and not any of Requestor's partners, distributors, promoters or service providers (collectively, "Distributors"). Should you have any issue or claim with respect to the Requestor Services, Requestor, and not its Distributors, will be solely responsible for addressing the issue or claim. If you have obtained the Requestor Services from one of Requestor's Distributors, you agree that any such Distributor will have no obligation or responsibility to provide you any warranty, maintenance and support services with respect to the Requestor Services.
You may use the Requestor Services only if you can form a binding contract with Requestor and are not a person barred from receiving service under the laws of the United States or other applicable jurisdiction. You may use the Requestor Services only in compliance with Requestor's Terms of Service and all applicable local, state, national, and international laws, rules and regulations. If you are under 13, you cannot use our Services unless a parent consents.
Requestor's Terms of Service governs users who use Requestor for personal use.
When using any of the Requestor Services, you may be subject to additional guidelines or rules applicable to certain features, which we may post occasionally (collectively, the "Guidelines"). These Guidelines are also incorporated by reference into Requestor's Terms of Service.
Requestor grants you a personal, non-exclusive, non-transferable, non-sublicensable license to use the Requestor Services according to Requestor's Terms of Service. Free accounts ("Free Account") and Subscription Accounts ("Subscription Plan") allow you to use Requestor Services on mobile devices that you subscribe for and legally control.
All right, title, and interest in and to the Requestor Services are and will remain the exclusive property of Requestor. Requestor Services are protected by intellectual property laws and other proprietary rights of the United States and foreign countries. Requestor grants you no license to any Requestor Services or any other Requestor content beyond what is expressly granted in neither Requestor's Terms of Service nor any rights to use the Requestor trademarks, logos, domain names, or other brand features.
We reserve the right to modify, suspend, or cancel the Requestor Services (or any features within the Requestor Services) to you or to users generally, at any time and for any reason. When we do so, we will notify you through the mobile app or via the email you provided to us.
You must ensure that all information relating to your account is kept accurate and up to date at all times. We will not be liable for any damages or liability resulting from your failure to keep your account information accurate, up to date, or secure.
You may not use the Requestor Services in any way that violates any law or regulation, harms any person, infringes any person or entity's rights (including intellectual property and other proprietary rights), or violates Requestor's Terms of Service. You may not involve any content that is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or violates Requestor's Terms of Service. You may not harass, annoy, intimidate or threaten users of the Requestor Services or employees or agents of Requestor.
You are permitted to access and use the Requestor Services only through the means we expressly provide to you. You are not allowed to circumvent or disable the Requestor Services or any technology, features, or measures included in the Requestor Services for any reason, except as permitted by law.
The license granted to you in Requestor's Terms of Service is solely for the purpose of allowing you to use the Requestor Services. You may not violate any exclusive rights that we have under any intellectual property or other proprietary rights laws. You may not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for any part of the Requestor Services, including executable and configurable content, except as permitted by law.
Our services are only provided to function on and secure your device(s). You may not execute Requestor's software in any other environment, e.g., in an emulated environment, as a research tool, or in any other way to develop or support another product, or use results derived from use of Requestor's client for any other purpose, e.g. to verify a set of known results or to scan, power, or support any other services, without our explicit written consent.
You may not sell, transfer, or allow any other person to access your account password or Requestor Services account. You may not provide information that is false, misleading or inaccurate, or imply affiliation with a company or organization to which you are not affiliated. Your account is for your own use.
Sometimes, the Requestor Services allow you to submit, store, host, share, or publish content (we call this all "User Data"). You will retain all ownership rights to your User Data that you transfer to Requestor. When you submit User Data to Requestor, you grant us a non-exclusive, royalty-free, worldwide license to use, copy, modify, sublicense, and distribute your User Data on and through the Requestor Service on your behalf, solely for the purpose of providing the Requestor Services.
You are solely responsible for your User Data. We assume no responsibility whatsoever for anything related to or arising from User Data. We do not endorse and have no control over User Data. We reserve the rights to prevent you from submitting User Data and to restrict or remove User Data for any reason, at any time, but we do not assume a duty to monitor any User Data.
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
The Requestor Services may include links to other web sites or services. Your use of these third-party sites and services is governed by their terms of service, privacy policies, and other agreements — not ours. We do not endorse or make any representations regarding any such third-party sites. We disclaim all liability relating to your use of such third-party sites.
We may terminate or suspend your access to the Requestor Services without prior notice and without liability, including but not limited to such termination or suspension being based on: (a) our good faith belief that you have violated Requestor's Terms of Service, (b) our determination that you repeatedly infringe or have infringed the copyrights of others, (c) extended periods of inactivity with respect to any of the Requestor Services, or (d) nonpayment of any fees owed to Requestor. We may make a reasonable attempt to notify you of any termination or suspension of your access to the Requestor Services by the email address associated with your account or through the Requestor mobile app. These remedies are in addition to any other remedies Requestor may have at law or in equity. We reserve the right to terminate Free Accounts and free access to Requestor Services at any time, with or without notice without any liability of any kind.
PLEASE READ THE FOLLOWING SECTIONS CAREFULLY; THEY MAY LIMIT THE LIABILITY OF REQUESTOR AND ITS PARENTS, DISTRIBUTORS, PROMOTERS, SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (COLLECTIVELY, THE "REQUESTOR ENTITIES").
The Requestor Services and any third-party software, services, or applications made available in connection with the Requestor Services are provided "as is," without warranty of any kind.
To the maximum extent permitted by applicable law, Requestor and the Requestor Entities disclaim all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
You are solely responsible for any damage to your equipment or device, loss of use, or loss of data.
You agree to indemnify and hold harmless Requestor and the Requestor Entities from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) your use or misuse of the Requestor Services, (b) any violation of the rights of any other person or entity by you, or (c) your breach of any part of Requestor's Terms of Service.
Requestor reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
To the maximum extent permitted by law, Requestor and the Requestor Entities will not be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages relating to your use of the Requestor Services, even if Requestor has been advised of the possibility of such damages.
In no event shall Requestor or the Requestor Entities' total liability to you for all damages, losses, or causes of action arising out of or relating to Requestor's Terms of Service exceed the amounts you paid to access the Requestor Services during the one (1) month immediately preceding the date of your claim.
The limitations of liability set forth in this section will survive any termination or expiration of Requestor's Terms of Service, and will apply even if any limited remedy specified in Requestor's Terms of Service is found to have failed of its essential purpose.
Please Contact Us First: Our goal is for you to be happy and satisfied. If you have a dispute with Requestor, you agree to contact us and attempt to resolve the dispute with us, informally.
Kentucky Provides the Governing Law and Jurisdiction for Requestor's Terms of Service: Requestor's Terms of Service will be governed by the laws of the State of Kentucky, without regard to conflicts of law provisions. Both parties consent to the exclusive jurisdiction of the state and federal courts sitting in Garrard County, Kentucky for any actions not subject to arbitration.
Severability: If any provision of Requestor's Terms of Service is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from Requestor's Terms of Service.
No Waiver: If we do not enforce any right or provision of Requestor's Terms of Service, this is not to be deemed a waiver of our right to do so in the future.
No Assignment or Transfer: Requestor's Terms of Service, related Guidelines, and any rights and licenses granted that we grant you may not be transferred or assigned by you, but may be assigned or transferred by Requestor without restriction.
Entire Agreement: Requestor's Terms of Service constitutes the entire agreement between you and Requestor concerning the Requestor Services. Requestor's Terms of Service also supersedes all prior or contemporaneous agreements between you and Requestor.
We Can Modify Requestor's Terms of Service: Requestor may modify Requestor's Terms of Service from time to time. Any changes will be posted on the requestor.whatsnexttothemoon.com site. You agree to be bound by any changes to Requestor's Terms of Service if you continue to use the Requestor Services after those changes are posted, so please read all changes carefully. The most current version of Requestor's Terms of Service will always be located on our website or within our mobile application.
In the Event of Termination: The provisions of Requestor's Terms of Service that require or contemplate performance after the termination of Requestor's Terms of Service, and all provisions relating to limitation of liability, disclaimers, and indemnification, will be enforceable regardless of any termination of Requestor's Terms of Service.
BY DOWNLOADING AND/OR USING ANY SOFTWARE AND/OR APPLICATIONS (COLLECTIVELY, "SOFTWARE") PROVIDED TO YOU BY OR ON BEHALF OF REQUESTOR AND ITS AFFILIATED ENTITIES ("REQUESTOR") IN CONNECTION WITH YOUR USE OF THE REQUESTOR SERVICE, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ THIS END USER LICENSE AGREEMENT ("LICENSE AGREEMENT"); (2) YOU UNDERSTAND IT; (3) YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT; AND (4) YOU MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE FOREGOING, YOU AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE, THE SOFTWARE.
This License Agreement contains details on your limited right and license to use the Software solely in connection with your use of the Requestor service. This License Agreement is between you and Requestor and not any other party.
The Software contains material that is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and by international treaty provisions. The Software is licensed, not sold or given, to you by Requestor for use only under the terms of this License Agreement and all rights not specifically granted to you herein are reserved to Requestor and to any third party with ownership rights in software and documentation used in the Software. You may not remove any proprietary notice of Requestor or any other party from any copy of the Software or documentation.
The rights granted under the terms of this License Agreement include any software upgrades that replace and/or supplement the original Software.
Requestor reserves the right, from time to time, with or without notice to you, to change the terms of this License Agreement in our sole and absolute discretion. The most current version of this License Agreement will supersede all previous versions. Your use of the Software after changes are made means that you agree to be bound by such changes. As such, you should review the License Agreement periodically.
Requestor grants you a non-exclusive, limited, personal and nontransferable license, subject to and conditioned on your compliance with the restrictions set forth in this License Agreement, to install and use the Software, in object code form only, provided to you by or on behalf of Requestor in connection with your use of the Requestor service.
The license grant above includes the right to use the Requestor service provided that (i) the Software is installed on only the number of Requestor ready devices authorized by Requestor; (ii) the Software may NOT be modified; (iii) all copyright notices are maintained on the Software; and (iv) you agree to be bound by all the terms of this License Agreement.
The Software is only for your own personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity.
As a condition of the limited license for the Software granted to you in this License Agreement, except as and only to the extent expressly permitted in this License Agreement or by applicable law which cannot be waived by this License Agreement, you may NOT:
If you "uninstall" the Software, you will no longer be able to use the Software on that Requestor ready device.
You have no ownership rights in any Software. Rather, you have a limited license to use the Software as long as this License Agreement remains in effect. Ownership of the Software and all intellectual property rights therein shall remain at all times with Requestor and/or its licensors. Any other use of the Software by any other person, business, corporation, government or any other entity is strictly prohibited and is a violation of this License Agreement.
There may be software programs contained within the Software that have been licensed to Requestor by third parties. The term "Software" as used herein shall refer to such third party software except where the term Software refers expressly to the ownership or other specific rights of Requestor. The same terms and conditions, including all limitations and restrictions, set forth in this License Agreement apply to each third party software program contained in the Software. Certain software programs specified in the licenses referenced in Section 10 ("Notices") below may contain additional grants and/or restrictions.
Requestor may issue you an upgraded version of the Software automatically upon an instance of your use of the Software or the Requestor service or otherwise in connection with your use of the Requestor ready device. Alternatively, Requestor may require you to consent to an upgrade to the Software ("Software Upgrades") before using, installing or accessing the Software. If you decline the Software Upgrades, you may not be able to use or access the Software or the Requestor service.
You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was legally obtained or authorized by Requestor. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list.
The Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
This License Agreement is effective until terminated. Your rights under this License Agreement are terminable by Requestor at any time without notice. Further, this License Agreement will terminate if Requestor finds that you have violated any of the terms of this License Agreement. No waiver of any breach of any provision of this License Agreement by Requestor shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized representative of Requestor. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall survive the termination of this License Agreement.
Your ability to use the Requestor service is subject to your system compatibility with our Software as such requirements may change from time to time. Compatibility of system requirements with the Software is your responsibility.
Upon the termination of this License Agreement, you shall cease all use of the Software and Requestor service and destroy all copies, full or partial, of the Software that you may have downloaded hereunder.
If you have downloaded any Software from the Apple iTunes Application Store, the following additional terms apply to such Software:
© 2018-2021 What's Next to the Moon, LLC. All content herein is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and may not be modified, copied or used in any manner without the express permission of What's Next to the Moon, LLC, which reserves all rights. Reuse of any of this content for any purpose without the permission of What's Next to the Moon is strictly prohibited.
You agree and acknowledge that Facebook has no responsibility or liability for the Software and its content.
All files are released under the MIT License: The MIT License (MIT) Copyright (c) 2013-2016 PayPal Holdings, Inc. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Any questions, complaints or claims regarding the Software shall be directed to email@example.com.
Fees are 5% of the Tip(Gratuity) amount received from the Fan and accepted by the Performer, i.e., A fan tips $1.00 and the Performer receives $.95 while the company receives $0.05. This covers the cost of the credit card processing fees and maintenance.
To create an account, you must either visit us on the web at requestor.whatsnexttothemoon.com or download our mobile app and complete our registration process.
If you wish to upgrade to a Subscription Account, we collect your credit card number, expiration date, and security code. We use this information to bill you for services.
When you use Requestor Services, our servers automatically record certain information about your mobile device. This information may include information such as an equipment identifier (e.g., IMEI, UDID), subscriber identifier (e.g., IMSI), device name, mobile phone number, device type and manufacturer, operating system type and version, wireless carrier / operator, network type, country of origin, Internet Protocol ("IP") address, and the dates and times of your requests. We use this information to provide our services, as well as provide support if needed.
If you wish to fill out our application form, we will ask for information, including your name, email address, phone number, and allow you to upload your resume and cover letter. We use this information to determine if you are an eligible candidate for an available position, to contact you to set up an interview if appropriate and to follow up with you about your application experience.
We use mobile analytics software so that we can improve our products. This software may analyze information such as how often you use the application, the events that occur within the application, and where the application was downloaded. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile app.
We use analytics services to measure how people use our website so that we can improve our products and services. Analytics services may work by embedding invisible images that are associated with unique identifiers on our site. We do not tie the information gathered through the use of these clear images to our customers' personally identifiable information.
We believe it is important for you to know exactly what cookies we use in our Services. If you prefer not to use any cookies, you can also opt out in some browsers by turning on "Do Not Track" or visit http://www.aboutads.info/choices to opt out directly. We currently may not support Do Not Track browser settings, but are committed to supporting it in the future to give you more choice about how your information is used.
We limit our internal use of your information to providing services that enhance our products and help you use them. For example:
In order to prevent you from receiving duplicate or unnecessary marketing about Requestor products or service, we may share your status as a current Requestor customer with our partners or service providers. They are contractually prevented from using this information for any other purpose.
We share anonymized, aggregated data with partners or in security reports. This information is never associated with Personal Identifiable Information and cannot be identified with you. For example, we may store a count of the number of devices that have ever encountered a particular piece of malware.
Both the Requestor website and the Requestor ‘Settings' on your device have options that allow you to update or modify your privacy settings at any time. To protect your privacy and security, we require your username and password in order to verify your identity before granting you profile access or making changes. If your email address changes, you may update your information within the Requestor website. Simply go to the "Account" page and select the information you wish to update. If you wish to correct or delete inaccuracies within your personal information, or to request access to any personal information we obtain about you, please contact us at firstname.lastname@example.org. We will respond to your request to access within 30 days.
Our policy is to retain data only as long as reasonably necessary to provide our products and services to you and others.
Except for current Subscription Accounts, we reserve the right to delete all Backup Data if you have discontinued your Subscription Account for 30 consecutive days. We may notify you via the email address associated with your account before deleting your Backup Data.
When you delete location data through your account dashboard on requestor.whatsnextotthemoon.com, it is no longer linked to your account and is anonymized on our application production systems.
If you comment on the blog, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of those blogs, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs or for any content you receive as a result of sharing such information.
To request removal of your personal information from our blog or community forum, contact us at email@example.com. If we are not able to remove your personal information, we will let you know why.
We perform third-party penetration tests to harden our systems from attack. We cannot, however, ensure or warrant the security of any information that Requestor receives on your behalf to operate the Requestor Services, or information that you transmit to Requestor. All such receipt or transmission of your information is at your own risk.
We cannot guarantee that such information will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
The security of your personal information is important to us. When you enter sensitive information (such as credit card number or location based information) on our website, within the Requestor app, or in our order forms, we encrypt that information using secure socket layer technology (SSL).
If Requestor learns of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. Requestor may also post a notice on the Requestor Services if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
You are responsible for maintaining the secrecy of your password at all times. We recommend a strong password that you do not use with other services. If you believe your password has been compromised, please change your password immediately via the Requestor website, or contact us at firstname.lastname@example.org for assistance.
You are responsible for ensuring that the email address associated with your account is accurate. We use that email to contact you about service updates, changes to our policies, and account activities such as requests for your information or locate attempts on your device. Requestor is not responsible for personal data transmitted to a third party as a result of a user's providing an incorrect email address.
Requestor is a Kentucky-based company in the United States. Personal information collected from users outside the United States is transferred to the United States and processed according to United States law.
Requestor does not knowingly collect or store any personal information about children under the age of 13 unless a parent who consents to such collection and storage as described in the Requestor Terms of Service. If you believe a child is using this service without parental consent, please contact us at email@example.com.
Our site contains links to other websites. When you click on one of these links, you leave Requestor's website and go elsewhere. Requestor does not accept liability for misuse of any information by any website controller to which we may link. We encourage you to read the privacy statements of these linked sites, which may differ from ours. In addition, if you take advantage of an offer from one of our partners, you may be providing information directly to that partner. We encourage you to review the privacy statements of these partners, as we are not responsible for the privacy practices of any partners or linked sites.