SERVICE SUBSCRIPTION AGREEMENT
This Agreement is between InkQuill, LLC, a Virginia limited liability company d/b/a MoonQuill (“MoonQuill”) and you, the individual accepting this Agreement (“you”). This Agreement is made and entered into as of the date you accept this Agreement (the “Effective Date”).
- MoonQuill operates a novel hosting online platform on the Site (the “Services”);
- You have accepted the Site Terms of Service and Privacy Statement which govern your use of the Services; and
- You desire to experience the Services without advertisements in exchange for a monthly fee and MoonQuill desires to provide you access to the Site without advertisements in exchange for a monthly fee (“Ad-Free Services”).
Section 2. Membership
Your MoonQuill membership will continue month-to-month and automatically renew until terminated pursuant to Section 5. To use the Ad-Free Services, you must have internet access and provide MoonQuill with one or more current, valid, accepted method of payment, as may be updated from time to time. You may update and find specific details regarding the method of payment in your account settings.
Section 3. Free Trials
a. Your MoonQuill Ad-Free Service may start with a free trial. Free trial eligibility and its duration is determined by MoonQuill at its sole discretion.
b. MoonQuill will charge your payment method for your monthly membership fee at the end of the free trial period and your membership shall automatically renew monthly unless you cancel your membership prior to the end of the free trial period.
Section 4. Billing
a. The membership fee for the Ad-Free Services is $3 plus applicable taxes and transaction fees (“Fee”).
b. The Fee shall be charged on a monthly basis to your payment method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. Fees are fully earned by MoonQuill upon payment.
c. You authorize MoonQuill to charge the payment method selected in your account settings. You are responsible for updating and maintaining the accuracy of this information.
d. In the event the payment method is declined for payment of the Fee for any reason, you remain responsible for any unpaid amounts. If payment is not settled, within 15 days of being notified by MoonQuill of your payment method was rejected or did not process, MoonQuill may, at its sole discretion, suspend your membership to Ad-Free Services until you settle your account balance and input a valid and successful payment method. Notwithstanding the Dispute Resolution provisions of Section 8 below, if your account is not settled within 30 days upon receiving notice thereof by MoonQuill, MoonQuill may initiate collections proceeding in any court of competent jurisdiction in the State of Illinois. You consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to you. You shall be responsible for all costs of collection, including reasonable attorney’s fees incurred.
e. MoonQuill is not responsible for any foreign transaction fees or other transaction fees related to processing your payment method.
f. Payments are nonrefundable and there are no refunds or credits for partially used periods.
Section 5. Cancellation
a. You may cancel this Agreement at any time for any reason by changing your account settings.
b. If you cancel your membership, you may still have access to Ad-Free Services through the end of the billing period. Subsequently, you may still access the Site for free, provided you abide by the Site Terms and Conditions and Privacy Statement, but access shall include advertisements on the Site.
c. You must cancel your membership for Ad-Free Services before it renews each month in order to avoid billing of next month’s membership fees.
Section 6. Ad-Free Services
a. You must be at least 18 years of age, or the age of majority in your country or territory, to enter into this Agreement. If you are not 18 or older, or the applicable age of majority, you may enter into this Agreement only with the involvement of a parent or legal guardian.
b. After entering into this Agreement for Ad-free Services, MoonQuill grants you a limited, non-exclusive, no-transferable right to access Ad-free Services and view MoonQuill content without advertisements.
c. You may not share your Ad-Free Services account login username and password. You are responsible for maintaining control over who has access to your account. In the event someone other than you gains access, through consent or otherwise, you remain responsible for all account activity.
Section 7. Disclaimers
a. To the extent permissible under applicable laws, Ad-Free Services and all content and software associated therewith are provided “as is” and “as available” with all faults and without warranty of any kind. MoonQuill does not guarantee, represent, or warrant that your use of the Ad-Free Services will be uninterrupted or error-free. MoonQuill specifically disclaims liability for the use of applications and mobile devices.
b. To the extent permissible under applicable laws, in no event shall MoonQuill or any of its members, managers, officers, employees, agents, or licensors be liable (jointly or severally) to you for injuries or any special, incident, indirect or consequential damages of any kind, or damages whatsoever, that result or arise out of your use of Ad-Free Services.
Section 8. Dispute Resolution
a. BINDING MEDIATION. Except as provided in Sections 4d above, and 8c below, in the event of a dispute, claim, or controversy arising out of or related to this Agreement, including the formation, interpretation, breach or termination thereof, including whether the claims asserted may be resolved by alternative dispute resolution (a “dispute”), the parties hereto agree to confer and negotiate in good faith for ten (10) days. If the dispute cannot be resolved in ten (10) days, the dispute shall be referred to and determined by binding mediation in accordance with JAMS International Mediation Rules. The neutral decision maker shall consist of a single mediator chosen by the parties or through and chosen by JAMS. The place of mediation shall be Chicago, Illinois. Judgment upon the award rendered by the mediator may be entered in any court having jurisdiction thereof. Each party to the mediation shall bear their own costs and expenses and shall share equally in the cost of the mediator. The JAMS forms and rules are available online at jamsadr.com.
b. Notwithstanding Section 8(a), any dispute involving an allegation of copyright or other intellectual property infringement shall not be bound by Section 8(a) and shall only be submitted to a court of competent jurisdiction for resolution.
c. JURY WAIVER. IN THE EVENT A DISPUTE IS RESOLVED BY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF OR THEREOF. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS TRANSACTION, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS (INCLUDING NEGLIGENCE), BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. THIS SECTION HAS BEEN FULLY DISCUSSED BY EACH OF THE PARTIES HERETO AND THESE PROVISIONS WILL NOT BE SUBJECT TO ANY EXCEPTIONS. EACH PARTY HERETO HEREBY FURTHER WARRANTS AND REPRESENTS THAT SUCH PARTY HAS REVIEWED THIS WAIVER WITH ITS LEGAL COUNSEL, AND THAT SUCH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL.
d. All disputes under this Agreement shall be resolved by litigation in the courts of the State of Illinois, USA, including the federal courts therein and the parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
Section 9. Miscellaneous
a. This Agreement shall be governed and construed in accordance with the laws of the state of Illinois, U.S.A, without regard to the conflict or choice of laws provisions. This Agreement shall not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
b. For customer support relating to Ad-free Services, please contact firstname.lastname@example.org.
c. If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. Section 7 (Disclaimers), Section 8 (Dispute Resolution), and this Section 9 (Miscellaneous), shall survive the termination of this Agreement.
d. MoonQuill may, from time to time, change the terms of this Agreement. Such revisions shall be effective immediately for subsequent subscribers to Ad-Free Services and shall be effective 30 days after mailing notice to existing subscribers.
e. MoonQuill will send you communication relating to account in electronic format to the e-mail address provided in your account settings.
f. This Agreement shall be executed and made effective by both parties hereto at the time you enter your name, click the box to accept the terms of this Agreement, and submit the form.
g. Any notice required to be given under this Agreement shall be sent electronically to you at the email address identified in your account information or mailed by certified, registered or express mail, return receipt requested or by Federal Express or UPS.