MOOD Platform - Terms and Conditions of Service

The following are the Terms & Conditions agreed to by you (”You” or “Practitioner”) and Moonshot, LLC (”We’) for the use of the Mood Virtual Reality Publishing Platform.

Introduction

Please read these Terms and Conditions of Service ("Terms") carefully as they will govern your use of the Mood Virtual Reality Publishing Platform (”App”) and your participation in Mood’s Expert Practitioner Revenue Sharing Program as described in the Terms below.

The App offers you the capabilities necessary to create and publish your own VR experiences based on audio recordings of your meditations, teachings, or practices.

We will be adding new functionality from time to time for which the same Terms will apply.

By signing up for, accessing, or otherwise using the App, you agree to comply with these Terms.

Use of the App

Use of the App is restricted to Professional Practitioners (”Practitioners”) in any field focused on the improvement of mental wellbeing, including meditation, psychology, sound & color therapy, music, neurofeedback, and any similar field.

A Professional Practitioner is someone whose principal professional activity is related to the improvement of mental well-being and emotional fitness.

When you join you will be asked for proof of professional focus and any relevant credentials. Usually, the information on your Linkedin profile or the Bio section of your site/blog/social media usually will suffice.

NOTE:

Four our CLOSED BETA we are onboarding practitioners on an invitation-only basis.

If you’d like to participate in the BETA you can add your name to our registry here.

Revenue Sharing

We have established our expert practitioner Revenue Sharing Program (“RSP”) to allow professionals like you (“Publisher”) to create content based on your IP in completely new & very powerful medium: Virtual Reality.

The objective of the RSP is to distribute the revenues resulting from the sale of subscription or other types of content (e.g. courses, live events) among all participating Publishers.

Revenues generated will be distributed among all participating Publishers with live content on the App as follows:

We first calculate the amount to be distributed each month by subtracting from the total revenue the money we collect but don’t get to keep. This includes payments for things like taxes, credit card processing fees, and billing (“Net Revenue”).
We will distribute 50% of Net Revenues to the participating Publishers with live experiences on our App (”Publisher Revenues”) and retain the remaining 45%
We will distribute the Publisher Revenues based on each Publisher’s share of usage in the content library during any particular month (i.e. streamshare)
We calculate share of usage by tallying the total number of sessions streamed in the App in a given month and determining what proportion of those sessions were people using the content of each Publisher
To be counted, a session needs to last at least 3 minutes

NOTE:

During the CLOSED BETA, consumer access to the App will be free and no subscription revenue will be generated.

You will be notified when the APP starts charging subscriptions for access.

Content Guidelines

We welcome any type of content that is specifically created to promote mental wellbeing, incrase emotional fitness, or helps improve overall perception of quality of life.

We preview every piece of content to be published in our App and reserve the right to not publish any content that we deem does not fall within the above description.

We don’t allow any content containing any form of language that is promotional, political, can be considered hate speech, is overtly sexual, or addresses topics that can be triggering.

If your content is based on a specialized practice such as Psychology, Neuroscience, or a particular method (eg. Cognitive Behavioral Therapy), you will be required to provide any associated requisite credentials.

App Distribution

We will distribute our App through any VR platform that offers monetization opportunities through the sale of subscriptions. These are platforms such as Quest, Steam, Sony PSVR or HTC Vive.

Payment

We will report your revenue share on a monthly basis no later than the 10th calendar day of the following month.

As long as your revenues exceed $10.00 we will process your payment through a platform such as Paypal or Venmo.

Payments will be issued on the last business day of the following month. The funds you will receive will be net of any fees charged by the payment platforms.

If your revenues are less than $10.00 they will be rolled over in your account until such time as the total balance exceeds this threshold.

Make sure you complete your payment details in your account to be able to receive payments.

NOTE:

During CLOSED BETA, no payment details will be collected. Once we start charging subscriptions you will be notified to fill them out in order to receive payment.

Licenses that you grant to us

By posting your content on our App, you grant us a non-exclusive, royalty-free, fully paid, worldwide license to publish, reproduce, make available, perform and display the content.

This license extends to any VR platform (eg. virtual reality, augmented reality, mixed reality, etc.) that offers monetization opportunities such as through the sale of subscriptions.

We aim to distribute our App as widely as possible to maximize your revenue potential.

The license you are granting us includes the use of your name, likeness or photograph, and any other materials you provide for the purpose of marketing & promoting your content and our App.

There is no term to this License. You are free to take down any of the content you publish in our App at any moment. Once a piece of content is removed, the associated Licenses to use will be revoked.

Licenses that we grant to you

We grant you the non-exclusive, royalty-free, fully paid, worldwide license to publish, reproduce, make available, perform and display any visual experiences you create with our authoring tool.

If you plan to publish the content you create on our App on other platforms we only request that:

(i) you inform us where the content will be published;

(ii) you credit Mood & Moonshot. We will provide you with the necessary assets to do so

Copyrights

You will retain full ownership of the content you upload to the App.

We will retain ownership of the intellectual property underlying the visuals that you use to develop on the App and all the tools used to create the experience.

We take all matters involving copyright very seriously. As to the content you publish on the App the following shall apply:

You are solely responsible for all the Content that you post.
You represent that you own or have all the necessary rights, licenses, and approvals required to publish your content on our platform
You represent that publishing your content does not violate the Terms or any applicable law, and does not infringe on the rights of any third party
You commit to crediting all contributors who participated in the creation of your content, including the music if applicable.

Any material that is found to breach copyright will be removed immediately.

Representations and Warranties

You represent and warrant that you have any and all necessary authorizations, including from any third-party contributor or copyright holder, to publish your content on our App.

You promise that any registration information that you submit is true, accurate, and complete, and you agree to keep it that way at all times.

You warrant that you will comply with our platform’s Guidelines for Publishers as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.

Governing law, mandatory arbitration, and venue

These Terms are governed by and shall be construed in accordance with the laws of the State of California.

Any dispute, claim, or controversy that relates to or arises in connection with the Terms or the use of the content will be resolved through mandatory and binding Arbitration.

Any Arbitration will be conducted under the arbitration rules established by the American Arbitration Association then in force. The result of any arbitration will be final and non-contestable.

Changes to these terms

We may make changes to these Terms from time to time by notifying you of such changes by any reasonable means, including this page.

Severability and waiver

Should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.

Questions?

Write us at info@moonshot.la

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MOOD Platform - Terms and Conditions of Service

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