Preamble

These Terms of Use are established between MOAI Ecosystem and any person or entity that is a Member (hereinafter referred to as “you” or “yours”).

MOAI ECOSYSTEM offers an annual commitment membership for the user (artists, clubs, venues, labels and dj schools) with services whose objective is to train its members in promotion and Marketing by providing them with a series of tools and tutorials, only available to MOAI Ecosystem Members, for training, professional and entertainment purposes through social networks and electronic communication (hereinafter the “Services”).

To do this, the user must first identify himself/herself using his/her email address and confidential password through the link provided by MOAI Ecosystem depending on the user’s profile and the payment method desired by the user. Once the link is received, the user must proceed to the payment. This last step formally concludes the Services membership contract and the full and unconditional acceptance of the Terms of Use. Once the payment has been made, the user is redirected to a payment confirmation page and receives the status of Member. MOAI ECOSYSTEM will acknowledge receipt of the Membership purchase by sending an email.

 

MOAI Ecosystem also offers its Members discounts on the purchase of additional Upgrades (Subscriptions).

By becoming a Member you acknowledge that you are fully informed of the provisions of (i) the Terms of Use and (ii) the Privacy Policy and the Cookie Policy and that you are bound by such provisions (all of which are incorporated by reference into these Terms of Use), as well as any additional terms and conditions communicated to and accepted by such Member upon purchase of the Upgrades offered through the Services, which constitutes an agreement between such Member and MOAI Ecosystem. In the event that a Member does not accept its obligation to comply with all of these Terms of Use, it must cease using the Services.

 

 

The Terms of Use are the property of MOAI ECOSYSTEM. Consequently, any diffusion, exploitation, representation, reproduction or other use, in whole or in part, on any medium, of the Conditions of Use for purposes which are not strictly personal and non-professional, is subject to the prior authorization of MOAI ECOSYSTEM. In the absence of such authorization, the infringing party will be exposed to all civil and penal actions provided for by law.

The present contract may not be subrogated or assigned to third parties except by prior written agreement between the parties.

Article 1. Definitions

Words or terms used in these Terms of Use that begin with a capital letter shall have the following meaning:

“Terms of Use” refers to this Agreement.

“Account” refers to the strictly personal interface that Members may access, allowing them to be identified on the Websites, to benefit from the Services they have registered or subscribed to, to complete and modify their Profile and, if applicable, to renew or modify their Membership.

 “Event” or “Performance” both refer, to any event that allows Members to perform or participate in an event in which the Member requests advice, contracting and logistics by MOAI Ecosystem, in accordance with the terms of the event and performance contracts intended for that purpose by MOAI Ecosytem, the defined terms used herein and Article 10 of these Terms of Use.

 “Group” means any company or business entity or platform associated with, exercising control over, or under joint control with MOAI ECOSYSTEM.

 “Upgrade” means any Paid Services purchased by a Member as an additional option to its Membership.

“Member” means the user who has access to the Services after successfully registering in the private area.

“Profile” refers to the type of permission within the Membership.

“Private Area” refers to the space provided to the Member, which contains tools for work, promotion and communication with MOAI Ecosystem, and which is accessible to other Members with the same permission level.

“Services” refers to all services, whether paid or free, available to Members, provided on the Websites by the Group.

 “Websites” means all Websites offered by a Group company and Specialized Websites, as well as mobile applications where Group companies publish and through which some of the Services are provided.

 “Specialized Websites” refers to Websites reserved for certain categories of Members.

“Third Party Websites” means any third party Internet Website or mobile application. 

“Membership” means the access that gives access to the Services and Upgrades, for a limited period in question purchased by the Member.

Article 2. Access, Registration and Membership

2.1. Procedure and terms of access and registration to the Services

Acceptance of these Terms of Use upon registration constitutes the formal conclusion of the Membership contract for the Services. By accepting these conditions you acquire the nature of a Member, discovering the Services and gaining access to the free functionalities of the Services described in article 4.1 below.

The Services are intended exclusively for adults over 18 years of age. In the event that a Member is under the age of 18, he/she may not make use of the Services and must immediately cease using all of the Services.

By creating a Profile with access to the Private Area and using the Services, Members represent and warrant the following:

– That they are over 18 years of age and are able to enter into a binding contract with MOAI ECOSYSTEM.

– That they will be obliged to comply with the registration requirements indicated in the corresponding Services from time to time.

– That they will comply with the provisions of these Terms of Use as well as with all applicable laws and regulations.

– That they will provide their own, correct, exact, true and not misleading information, having, in particular, the obligation to show sincerity and honesty in the content they provide through their Profile and in their interaction with MOAI ECOSYSTEM and the Group to which it is associated.

– That they will abide by the purpose of the Services, consisting in the formation and promotion of the Member’s content.

– That they are not persons who have been banned from using the Services or have had any prohibition imposed on them under applicable law.

 

MOAI ECOSYSTEM reserves the right to refuse, suspend or terminate membership or affiliation at any time where a Member is in breach of any of these requirements.

It should be noted that a Member may not create more than one Account with the same email address.

 

The dissemination of personal data (e-mail address, postal address, telephone number, etc.) by the User is expressly prohibited by MOAI ECOSYSTEM (see article 5.1).

Once the conditions necessary for registration are met, each Member creates a strictly confidential and personal username and password, which allows him/her to access his/her Account.

The Member is responsible for the use of its identification data by third parties or actions or statements made by an intermediary on its Account, whether fraudulent or not, and shall indemnify MOAI ECOSYSTEM for claims arising in connection therewith, except in the event of an error solely attributable to MOAI ECOSYSTEM or a technical failure of its Services. In addition, MOAI ECOSYSTEM is not obliged and does not have the technical means to verify the identity of individuals registering on the Services. If the Member has reason to believe that another person is using his or her identification data or his or her Account, he or she must inform MOAI ECOSYSTEM immediately.

2.2. Membership Procedure and Conditions of Membership

Membership to the Services, with or without Upgrades, entails a cost. The Member can purchase a Membership and benefit from the functionalities of the Upgrades described below in article 4.2. according to the contracted Paid Service

To do this, the Member must first identify him/herself using his/her email address and confidential password. Once inside the Profile the Member can select the Payment Service and must proceed to payment. This last step formally concludes the contract of the Upgrade(s) and the full and unconditional acceptance of its conditions described in the Member’s Profile. Once the payment has been made, the Member is redirected to a payment confirmation page. MOAI ECOSYSTEM will acknowledge receipt of the purchase of the Membership by sending an email. Any Paid Services booked by the Member that have not been paid for will not be serviced by MOAI Ecosystem.

Article 3. Right of withdrawal

In accordance with the right of withdrawal of the Spanish Law, the Member is informed that he has a period of fourteen days from the activation of his membership to exercise his right of withdrawal, without penalty or having to give any reason, by mail addressed to MOAI ECOSYSTEM Calle Adrián Carrillo, 2 – 03670 Monforte del Cid – Alicante – Spain, by filling in the withdrawal form available here or by sending an unequivocal statement expressing your wish to withdraw to this e-mail address to privatezone@moaiecosystem.com (MOAI ECOSYSTEM). Communications sent to this address will be processed only if they are related to the exercise of the right of withdrawal. In order for the withdrawal to be effectively exercised, the Member must send its request within the fourteen-day withdrawal period.

 

The Member may, if it so wishes, access the Upgrades immediately without waiting for the end of the withdrawal period if it so expressly requests.

 

If the Member does not wish to access the Upgrades immediately, he/she may leave the Website after having made his/her payment and wait for the fourteen-day period to expire. However, if the Member logs into its MOAI ECOSYSTEM Account and uses the Services prior to the expiration of such withdrawal period, MOAI ECOSYSTEM will consider such initial connection of the Membership as the Member’s express request for immediate access to the Enhancements.

 

In any event, immediate access to the Services does not deprive the Member of its right to withdraw, which remains valid until the expiration of the fourteen-day period. However, the Member who has requested to benefit from the Upgrades before the end of the withdrawal period, should it finally decide to exercise such right of withdrawal, shall pay an amount proportional to the part of the Services already provided at the time the withdrawal was communicated. In such a case, MOAI ECOSYSTEM shall reimburse the Member the cost of the Membership by deducting the amount equivalent to the days elapsed between the date on which he/she first used the Membership and the date on which MOAI ECOSYSTEM received the withdrawal request, it being understood that each service consumed has to be paid for.

The refund will be made within 14 days from the date MOAI ECOSYSTEM was informed of the Member’s decision to withdraw, in the same form of payment that the Member used in the initial transaction, unless otherwise indicated by the Member.

 

Pursuant to the right of withdrawal of the Article 4.

4.1 Free functions available to Members

Registration with the Services allows individuals to become Members and gives access to the following options:

– IDENTITY AND IMAGE:

o Design and inclusion of the Member on one or more of our websites.

o Presskit design with BIO, artwork and technical rider supported by MOAI (artists only).

o Frequent personalized creativities for RRSS of the Member subject to the content sent by the Member himself for promotion through our private area.

 

– SUPPORT:

o Incorporation to MOAI’s roster.

o Official announcement of your incorporation to MOAI in our RRSS and moaimagazine.com.

o Exclusive folder in the cloud without capacity limit for storage of Member’s material.

o Exclusive access to the private area of our website with access to resources and promotional tools.

o Authorization for the Member to use MOAI’s branding for his/her own promotion and image (previous review of the content by MOAI’s Artwork department).

 

 

– BOOKING In this sense MOAI Ecosystem does not guarantee performances or bookings for the Member:

o Assistance of a MOAI Ecosystem ambassador or booking manager for the negotiation of a performance with a client that the Member has previously contacted and has the client’s permission for MOAI Ecosystem to contact him/her and send a proposal. The Member has a form available within the private area of MOAI for this purpose. MOAI Ecosystem does not guarantee in any case the success of the negotiations with the client.

o Possibility to participate in events organized by MOAI and its partners. MOAI Ecosystem reserves the right to choose the Members participating in its events according to their attitudes and evolution as well as to the musical style of the event itself.

o Legal and contractual assistance between Members and clients or event promoters.

 

4.2 Improvements available to Members

Acquiring a Membership allows you to have access to the services described in the private area within the Member’s Profile:

– Publication of content on MOAI’s associated platforms.

– Additional graphic design services.

– Additional Marketing services.

– Additional Media services.

All these services are described and priced in the Marketing and Media dossier sent by email to the Member. The private area also includes links to the MOAI online store where these additional paid services can be purchased and paid for.

MOAI Ecosystem offers a special discount to its members in the contracting of these services through a discount coupon provided by MOAI staff or through electronic means or in the private area.

 

Article 5. Services

5.1 Obligations of MOAI ECOSYSTEM in relation to the Services

The purpose of the Services, including the Upgrades, is not to organize events or to provide performances or performance engagements to its Members but to offer quality professional training services.

MOAI ECOSYSTEM and its associated companies assume no liability whatsoever in connection with events or performances of any nature that may take place between Members with their promoters or their clients. 

The object of the Services, including the Upgrades, is not the provision of Internet access or the provision of electronic communication services to the public. As a result, MOAI ECOSYSTEM and the associated platforms do not verify the actual identity of Members when they connect to the Websites. Additionally, MOAI ECOSYSTEM and the associated platforms do not comprehensively monitor or moderate any of the content that Members may post on the Services at their own risk. However, the photographs and descriptions displayed in the Profile of all Members will be verified.

Consequently, Members are reminded that they are prohibited from providing through the Services to other Members any information that could identify or locate them (last name, postal address, e-mail address, telephone number…), with the exception of their username.

 

5.2 Obligations of Members

By using the Service, Members are bound by the rules of behavior listed below, agreeing to refrain from the following:

– Posting any of their personal contact information or disseminating personal information about others (email address, postal address, telephone number, etc.) through any means (in a Profile description, through photos, etc.).

– Post any Content that violates or infringes the rights of any person, in particular the rights to one’s own image, privacy, copyright, trademark or other contractual or intellectual property rights.

– Impersonate any person or entity.

– Solicit, from other Members, passwords for any purpose or personally identifiable information for commercial or unlawful purposes.

– Spam, solicit money or defraud any Member.

– Post any content that constitutes hate speech, is threatening, is sexually explicit or pornographic in nature, incites violence, or includes images of nudity or graphic or gratuitous violence.

– Post any content that promotes racism, bigotry, hatred or the provocation of any kind of physical harm against any group or person.

– Intimidate, harass, intimidate, frighten, assault, harass, abuse or defame any person.

– Use the Services for any harmful or malicious purpose.

– Use the Services to harm MOAI ECOSYSTEM or its associated platforms.

– Use the Services for any illegal or prohibited purpose under these Terms of Use.

– Use another user’s account, share an account with another user or have more than one account.

– Create another account when MOAI ECOSYSTEM or its associated platforms have terminated your account, unless the Member in question has MOAI ECOSYSTEM’s consent.

Infringement by the Member of any of these rules of conduct constitutes a serious breach of the contractual obligations acquired by the Member under these Terms of Use.

MOAI Ecosystem reserves the right to investigate or terminate the Member’s Account without refund of any of the Upgrades in the event that the Member breaches such obligations, misuses the Services or behaves in a manner that the Group considers inappropriate or unlawful, in particular in relation to any action or communication carried out either through the Services or externally to the Services. Furthermore, the Group may temporarily or permanently prohibit such Members from accessing its Services, Events or Activities.

Article 6. Contents

6.1 Contents

Any and all audio, text, photos, images, comments and other content, data or information that you upload, store, transmit, send, post, exchange or otherwise make available on or through the Platform (hereinafter, “Your Content”) is your sole property, and not MOAI Ecosystem’s. MOAI Ecosystem does not claim ownership of any rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains the sole responsibility of MOAI Ecosystem.

 

MOAI Ecosystem does not claim ownership of any rights in Your Content, and you hereby expressly acknowledge and agree that Your Content is at your sole risk.

 

Subject to the conditions set forth in the Terms of Use, you must not upload, store, distribute, post, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not have the necessary rights. In particular, any unauthorized use of copyrighted material in Your Content (including by reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or other forms of public communication through our platform or partners), regardless of whether it is unauthorized now or becomes unauthorized later, may constitute an infringement of third party rights and is strictly prohibited. Any such infringement may result in termination of your access to the Private Area as described below in the [Repeat Infringers] section, and may also result in civil litigation or criminal prosecution by or on behalf of the affected rights holder.

 

From time to time, we may invite or provide you with the means to provide feedback on the Private Area, and in such circumstances, any feedback you may provide shall be deemed to be non-confidential and MOAI Ecosystem shall have the right, but not the obligation, to use such feedback without restriction.

 

6.2 Representations and warranties

You hereby declare and warrant to MOAI Ecosystem as follows:

 

(i) Your Content, and any and all parts thereof, is or are an original work(s) created by you, or to which you have obtained all necessary rights, licenses, consents and permissions to be able to use at any time by any applicable use, and (if and when relevant) to authorize MOAI Ecosystem to use Your Content in accordance with these Terms and Conditions of Use, including without limitation the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available (including for offline listening) and otherwise communicate to the public Your Content, and any and all portions thereof, on, through or via the Platform, any and all Services and any Linked Services.

 

(ii) Your Content and its availability in the Private Area do not and will not infringe or violate or violate the rights of any third party, including, without limitation, intellectual property rights, performer’s rights, image or privacy rights, or rights in confidential information.

 

(iii) You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content to include their names, voices, performances or appearances in Your Content and to post the same in the Private Area and via any of the Linked Services.

 

(iv) Your Content, including any comments you may post on the Site, is not and will not be unlawful, abusive, libelous, defamatory, defamatory, pornographic or obscene, and will not promote or incite violence, terrorism, illegal actions, or hatred based on race, ethnicity, religious beliefs, disability, gender, gender identity or sexual orientation.

 

(v) Your Content does not and shall not create any liability for MOAI Ecosystem or its subsidiaries, affiliates, successors or assigns, or their respective employees, agents, directors, officers and/or shareholders. MOAI Ecosystem reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or to pursue all legal remedies if we believe that any of Your Content violates any of the foregoing representations or warranties, or otherwise infringes the rights of another person or violates any law, rule or regulation.

 

6.3 Liability for Content.

You hereby acknowledge and agree that MOAI Ecosystem:

 

(i) stores and publishes content and other information at the direction, at the request of and with the authorization of its users, (ii) acts as a mere passive conduit and/or host for the uploading, storage and distribution of such content, and (iii) plays no active role and provides no assistance in the submission or use of the content. You are solely responsible for all Your Content that you upload, post or distribute to, on or through the Private Area, and to the extent permitted by law, MOAI Ecosystem disclaims all liability with respect to all content (including Your Content) and the activities of its users with respect thereto.

 

You hereby acknowledge and agree that MOAI Ecosystem cannot and does not review content created or uploaded by its users, and neither MOAI Ecosystem nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders have any obligation, and may, but do not undertake or assume any duty, to monitor the Private Area for content that is inappropriate, that infringes or may infringe the rights of any third party, or that is otherwise uploaded in violation of these Terms and Conditions of Use or applicable law.

 

MOAI Ecosystem and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby disclaim, to the fullest extent permitted by law, any and all liability that may arise from any content uploaded to the Platform by users, including without limitation, any claims for infringement of intellectual property rights, privacy or image rights, claims relating to the publication of abusive, defamatory, pornographic or obscene material, or claims relating to the completeness, accuracy, currency or reliability of information provided by users of the Platform. By using the Private Area you irrevocably waive any claim with respect to any of the foregoing against MOAI Ecosystem or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

 

6.4 Liability for Content.

We have always aimed to build a diverse and collaborative community where the rights of creators are respected.

You are responsible for all activity associated with your account, including any content you post. If you post content that belongs to someone else (for example, if you are a distributor or promotional agency acting on behalf of an artist or label) or if you use someone else’s content in a remix or other similar work, it is your responsibility to ensure that you have permission from all rights holders to post that content on MOAI Ecosystem. Anyone who uploads someone else’s content without the necessary permissions risks having that content removed or having their account closed.

 

When reporting content that violates our rules, we consider your report to be abusive if you are not the rights holder or an authorized agent of the rights holder (such as the rights holder’s attorney or administrator). Abusive reports may result in civil liability for damages incurred by MOAI Ecosystem (including legal fees and costs), the person whose content you report, or any copyright owner or authorized licensee as a result of the removal of the content. In addition, you run the risk that we may freeze your account or, in some cases, terminate your account if we believe that you have reported content in an abusive manner. If you do not own the copyright to the content, do not report it as infringing.

 

If you are unsure whether or not you can upload something, please read our copyright information page. If you think someone is infringing your copyright, report it to us.

 

If you discover any content posted through our networks and Private Area that you believe infringes your intellectual property rights, please report it to us using one of the methods described on our Copyright Information pages.

 

If you prefer to send us your own written notice, please ensure that you include the following information in your notice:

 

– a statement that you have identified Content on MOAI Ecosystem that infringes your intellectual property rights or the intellectual property rights of a third party on whose behalf you are authorized to act;

– a description of the copyrighted work(s) that you believe have been infringed;

– a description of the Content that you believe to be infringing and the MOAI Ecosystem URL(s) at which such Content is located;

– your full name, address and telephone number, a valid e-mail address at which you may be contacted, and your MOAI Ecosystem username, if any;

– a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and

– a statement by you that the information in your notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

With respect to your statement that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, a confirmation that such statement is made under penalty of perjury; and

Your signature, electronic or physical (which may be a scanned copy).

Your notification should be sent by email to legal@moaiecosystem.com and/or by postal mail to the following address:

 

This process applies only to intellectual property. If you discover any Content that you believe infringes your trademark rights, please notify us by email to legal@moaiecosystem.com . In all other cases, if you discover Content that infringes or violates any other of your rights, that you believe to be defamatory, pornographic, obscene, racist or otherwise capable of causing widespread damage, or that constitutes impersonation, abuse, spam or otherwise violates these Terms and Conditions of Use, our Community Guidelines or applicable law, please notify us at legal@moaiecosystem.com.

 

6.5 Third-party websites and services

The Private Area may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation linked services (“External Services”).

 

MOAI Ecosystem does not have and does not maintain any control over the External Services, and is not and cannot be responsible for their content, operation or use. By linking to or otherwise providing access to any External Services, MOAI Ecosystem does not represent, warrant or guarantee, express or implied, the legality, accuracy, quality or authenticity of the content, information or services provided by such External Services.

 

External Services may have their own terms and conditions of use and/or privacy policy, and may have different practices and requirements than those MOAI Ecosystem operates in connection with the Private Area. You are solely responsible for reviewing any terms and conditions of use, privacy policy or other terms that may govern your use of these External Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, whether online or offline, with any third party in connection with any External Service.6.6 Servicios Externos.

Usted es exclusivamente responsable de adoptar las precauciones necesarias para protegerse de fraudes al usar Servicios Externos, y de proteger sus sistemas informáticos de virus, gusanos, troyanos, y otro contenido dañino o destructivo y de material que pueda estar incluido en o emanar de alguno de los Servicios Externos.

 

MOAI Ecosystem se descarga de cualquier responsabilidad por daños resultantes del uso por su parte de los Servicios Externos, y por la presente usted renuncia de forma irrevocable a reclamar a MOAI Ecosystem con respecto al contenido o a las operaciones de ninguno de los Servicios Externos.

 

6.7 Blocking and removal of content.

Notwithstanding that MOAI Ecosystem has no obligation to monitor the content promoted in the Private Area, MOAI Ecosystem reserves the right to block, remove or delete any content at any time, and to limit or restrict access to any content, for any reason and without liability, including without limitation, in the event that we have reason to believe that such content infringes or may infringe the rights of third parties, has been uploaded or posted in violation of these Terms and Conditions of Use, our Community Guidelines or applicable law, or is otherwise unacceptable to MOAI Ecosystem.

Please also note that Members have control over the audio content they submit to us from time to time, and may remove some or all of the audio or other content without notice. You shall have no right to continue to access a particular piece of content and MOAI Ecosystem shall have no liability in the event that you are unable to access a piece of content due to its removal from the Private Area, whether by MOAI Ecosystem or by the relevant Member.

 

6.8 Repeat offenders.

MOAI Ecosystem will suspend or terminate your access to the Private Area if MOAI Ecosystem determines, in its reasonable discretion, that you have repeatedly violated these Terms and Conditions of Use or our Community Guidelines.

 

If we receive valid notice from a third party pursuant to our reporting processes or applicable law that any of Your Content infringes the intellectual property or other rights of such third party, or if we believe that your conduct violates our Community Guidelines, we will send you a written notice to that effect. Any Member who receives more than two such notices is liable to have his or her access to the Platform terminated on the spot.

 

We will also suspend or terminate your account without notice if ordered to do so by a judge, and/or in other appropriate circumstances, as may be determined by MOAI Ecosystem in its sole discretion. Please note that we do not offer refunds to Subscription account holders whose accounts have been terminated as a result of repeated violations or any violation of these Terms and Conditions of Use or our Community Guidelines.

 

Article 7. Fees, Terms of Payment and Renewals

7.1. Fees and terms of payment of the Improvements

In order to use the Services, the user must have purchased a Membership; the rates and payment terms are available in the MOAI dossiers and online store for this purpose. Users may purchase a Membership by paying by bank card (via Internet or mobile service), or by using an online payment service (PayPal) according to the options available on the Websites concerned. Fees are expressed in Euros (all taxes included).

 

The Member may also purchase one or more Upgrades at a discount after having purchased his/her Membership in accordance with the conditions set forth above and immediately benefit from the features offered by the purchased Upgrade. The Member will therefore be charged for the service purchased.

7.2. Membership Renewal Conditions

On the expiration date of each period of validity, and unless the Member has notified MOAI Ecosystem of his/her wish to cancel it before its expiration in accordance with the terms and conditions indicated in article 9 below, the Membership will be renewed for periods equivalent to the one initially chosen by the user. Once renewed, the Membership shall be paid by the user at the standard rate (without discount) applicable to the Service in question and for a period equivalent to that initially contracted.

For the purposes of renewal, MOAI ECOSYSTEM will inform the Member, by means of an email sent no later than 30 days before the expiration of the initial Membership, about the renewal of its Membership and, as well as about the possibility to cancel all of the above free of charge under the terms and conditions set out in article 10 of the present document.

In addition, the Member has at his disposal information on the duration of his Membership in the “My Account” section, which also allows him to manage his Membership and, if applicable, the cancellation of the automatic renewal.

7.3. Other third party services

The Member may also purchase other ad hoc services. In this particular case, these ad hoc services are purchased from other providers and according to other payment terms and conditions different from those used for the Services provided by MOAI ECOSYSTEM. The billing terms, payment terms and renewal and termination terms applicable to the ad hoc services and special offers will be communicated to the Member by the third party concerned and must be accepted by the Member prior to their purchase. In any case, the purchase of these services published by MOAI ECOSYSTEM does not, in any case, allow access to the Discounted Upgrades without the purchase of a Membership.

 

Article 8. Intellectual Property

8.1. Content disseminated through the Services

All Service names, trademarks, logos, graphics, photographs, animations, videos and text contained on the Websites and in connection with the Services are the exclusive property of MOAI Ecosystem, and, if applicable, its partners, and may not be reproduced, used or communicated without the express authorization of MOAI Ecosystem or its partners, and we reserve all appropriate legal action.

 

The rights of use granted to Members are limited to private and personal use within the framework of the membership to the Services and for as long as it remains in force. Any other use by the Member is prohibited.

 

Members are expressly prohibited from, among other actions, modifying, copying, reproducing, downloading, disseminating, transmitting, commercially exploiting and/or distributing in any way the Services, the pages of the Websites or the software or the other elements that make up the Services and the Websites, and we reserve all legal actions. 

8.2. Content disseminated by Members

The Member grants MOAI Ecosystem a license to use its image or intellectual property rights associated with the content provided by the Member in the context of the registration or Membership and the use of the Services or the publication of its profile on the Services. Such license specifically includes the right of MOAI Ecosystem to reproduce, represent, adapt, translate, digitize, use for the purpose of the Services or sublicense the contents provided by the Member (information, images, description, search criteria, etc.) in whole or in part of the Services and on all Websites, in MOAI Ecosystem’s emails and generally on all electronic communication media (email, Internet, mobile applications) used in the context of the provision of the Services.

 

The Member expressly authorizes MOAI Ecosystem to modify the aforementioned contents in order to respect the graphic identity of the Services or of the other communication supports listed above and/or to make them compatible with its technical performances or with the formats allowed by these media. These rights are granted on a worldwide scale and for as long as the Terms of Use agreed between the Member and MOAI ECOSYSTEM remain in force. The Member is prohibited from copying, reproducing or otherwise using content generated by other Members in a manner other than that dictated by the strict requirements of using the Services for personal and private purposes.

 

Article 9. Representations and Warranties

9.1. Operation of the Websites and the Services

9.1.1 To use the Services, the Member must have the necessary knowledge, materials and software programs to use the Internet or the mobile applications of the Services. MOAI ECOSYSTEM has appropriate security measures in place regarding the use of the Services. However, the Member acknowledges that the nature and limitations of the Internet do not make it possible to guarantee the complete security of the connection via the Internet or via mobile applications.

 

9.1.2 The Member must have computer equipment and software programs and settings necessary for the proper functioning of the Services: the most recent version of the Internet browser, activation of JavaScript functions, reception of cookies and acceptance of pop-ups.

 

9.1.3 MOAI ECOSYSTEM does not guarantee that the Services can be used if the Member uses a “pop-up blocker” or equivalent, in which case it will be necessary to deactivate this function before using the Services.

 

9.1.4 MOAI ECOSYSTEM does not guarantee that the Services can be used if the Member’s Internet access provider is unable to provide an adequate level of service. Likewise, the use of smartphone applications contracted by the Member directly through the application provider presupposes the possession of a smartphone and an adequate connection by the Member.

 

9.1.5 MOAI ECOSYSTEM is not responsible for malfunctioning, impossibility of access or poor conditions of use of the Websites and Services attributable to inadequate equipment, internal errors of the access provider whose services the Member has contracted, overloading of the Internet network or any other aspect beyond MOAI ECOSYSTEM’s control that is considered a force majeure situation.

9.1.6 The functioning of the Services may be temporarily interrupted for reasons of maintenance, updating or introduction of technical improvements, as well as for the updating of contents and/or their presentation. As far as possible, MOAI ECOSYSTEM will inform Members in advance of any maintenance or updating operation that may affect the Services.

9.2. Information and content provided by Members

9.2.1. The information provided by a Member to MOAI Ecosystem or any associated platform must be accurate and true. The consequences that the disclosure of this information may have on the Member’s life or on the lives of other Members are the sole responsibility of the Member concerned. It shall be the Member who takes the initiative to disclose and disseminate through the Services information, data, text, content or images relating to his or her person. Consequently, the Member waives any claim against MOAI or its associated platforms, in particular in the violation of its image rights, its honor, its reputation or the privacy of its private life, arising from the dissemination or disclosure of information concerning its person under the terms and conditions set forth in the Privacy Policy, to the extent that the Member has previously and voluntarily and expressly authorized such disclosure through its registration on the Services, in accordance with the Terms of Use.

9.2.2. MOAI ECOSYSTEM is not responsible for the accuracy or inaccuracy of the information and contents provided by the other Members and/or by the Member itself, nor for the consequences of the use of this information and contents. Similarly, MOAI ECOSYSTEM shall not be liable for the contents disseminated by a Member which are likely to contravene the rights of one or more Members or third parties and in relation to which MOAI ECOSYSTEM provides evidence that it had not been informed thereof by a Member or third party, or that it did not have effective and prior knowledge of the existence of such contents before their disclosure or that it had not incurred any breach of its contractual obligations under these Terms of Use.

MOAI ECOSYSTEM shall be liable to a Member only if and to the extent that there is conclusive and definitive evidence of a breach by MOAI ECOSYSTEM or one of its subcontractors and such breach is the sole cause of direct and actual damage caused to the Member. In such a case, it shall be for MOAI ECOSYSTEM to prove that it has not in any way failed to perform its contractual obligations. MOAI ECOSYSTEM shall not be held responsible for any damage suffered by the Member in the event of such damage having been caused by the Member itself or resulting from a situation of force majeure.

9.2.3. The quality of the Services required both by MOAI ECOSYSTEM and by its Members entails the respect of certain ethical rules in the expression and conduct of the Members, the respect of the rights of third parties as well as compliance with the laws and regulations in force. In order to meet this requirement of quality and individual and ethical responsibility, MOAI Ecosystem and its partner platforms allow all its Members to report any content (photos, text, videos), conduct or statements of other Members that they consider likely to infringe the laws and regulations in force, the purpose of the Services, the rights of third parties or good morals.

 

Consequently, Members acknowledge and accept that the data they provide, as well as their conduct and statements made through the Services, may be reported by other Members and be subject to moderation and/or control by MOAI Ecosystem and its associated platforms, according to objective criteria. In the event that such denunciation or control reveals a violation of the laws and regulations in force by a Member, or a breach of its contractual obligations under these Terms of Use, MOAI ECOSYSTEM may exclude such Member by deleting its account in accordance with Article 9 below. Depending on the Member’s conduct or statements, the moderation team may decide to block any new registration by the person concerned.

 

9.2.4. In the event that MOAI Ecosystem is held liable on the basis of a breach by a Member of any of its legal or contractual obligations under the Terms of Use, the Member in question undertakes to indemnify and hold harmless MOAI Ecosystem for any damages, expenses or orders made against it resulting from the breach of the Member’s obligations in question.

 

9.3. External links and resources

MOAI ECOSYSTEM is only responsible for the links it creates on the Websites and the Services and does not exercise any control over Third Party Websites and external resources to which links available on the Websites and the Services redirect. MOAI ECOSYSTEM shall not be responsible for the provision of links redirecting to Third Party Websites or for their content, advertising, products, functions, services or any other element available on or based on the use of such Third Party Websites without having received express and prior notice of their manifestly unlawful nature. It is recalled that the consultation and use of Third Party Websites is governed by their own terms of use, and that such consultation and use shall be at the Member’s own risk.

 

 

Any problem related to a link must be reported to MOAI ECOSYSTEM using the contact details included in the “Contact” section.

 

Article 10. Suspension of Profile – Closing of Account – Termination of Membership

10.1 Suspension of Profile

Any Member may request at any time the suspension of its access to its profile, via email to privatezone@moaiecosystem.com. The Member may request to reactivate its Profile at any time.

10.2 Account Closure

Any Member may cancel, at any time, its registration to the Services or its Membership by requesting the closure of its Account to MOAI ECOSYSTEM, without any charges other than those related to the processing of its request and without it being necessary to specify the reason, via email to privatezone@moaiecosystem.com , or by using the contact form or through any means indicated in this section. This request shall be deemed to have been made on the next business day following MOAI ECOSYSTEM’s receipt of the request to close the relevant Account and the Member will no longer be able to use its Membership or the Upgrades in force. The Member will be informed by email of the closure of his or her Account.

10.3 Non-renewal/Cancellation of Membership by the Member

The Member may cancel the automatic renewal of its Membership 24 hours after its purchase and at least 48 hours before the Membership is renewed, through the “My Account” section or otherwise by email to privatezone@moaiecosystem.com . The cancellation will be effective on the expiration date of the Membership. The Member will receive an email confirming the cancellation of the Membership. The Member will not have access to the Upgrades after the expiration date of the Membership.

10.4 Cancellation by MOAI ECOSYSTEM

Without prejudice to the other provisions of the Terms of Use, in the event of a Member’s breach of its obligations, MOAI ECOSYSTEM may permanently delete the Member’s Account(s) concerned from all the Websites and withdraw access to the Services and any other services provided by MOAI and its associated platforms without prior notice. This removal shall not entitle the Member to any refund. The Member will be informed via email of the closure of his/her Account.

This account closure will be effective without prejudice to any damages and interests that may be claimed by MOAI ECOSYSTEM from the Member or his heirs and legal representatives, in compensation for the damage suffered by MOAI ECOSYSTEM as a result of such breaches.

 

Article 11. Events

When Events or Performances are offered to Members, the specific terms and conditions for such purpose shall apply. Said specific terms and conditions are contained in the contracts intended for such purpose and which shall be agreed between both parties prior to each Event or Performance.

Article 12. Personal Data

Members’ personal data are treated in accordance with the privacy policy applicable to MOAI ECOSYSTEM, available here.

Article 13. Entire Agreement

These Terms of Use constitute a contract governing the relationship between the Member and MOAI ECOSYSTEM. These Terms of Use cancel and replace any other previous provision which has not been expressly referenced or annexed and constitute the whole of the rights and obligations of MOAI ECOSYSTEM and its associated platforms and of the Member in relation to their object.

 

In the event that one or more provisions of these Terms of Use are declared unenforceable under applicable laws or regulations, or as a result of a final judgment of a court or competent authority, the other provisions shall remain in full force and effect, to the extent permitted by law, regulation or applicable court decisions.

Article 14. Modification of the Services or the Terms of Use

14.1 Modification of the Services

MOAI ECOSYSTEM may at any time update and modify the content and/or features of the Services in order to improve their quality. The Member will be informed of the nature of these updates or modifications as soon as they are introduced on the Websites through the private area.

14.2 Modification of the Terms of Use

MOAI ECOSYSTEM may modify the Terms of Use at any time. The Member will be informed of these modifications as soon as they are introduced on the Websites through the private area.

 

The use of the Websites and new registrations are subject to the Terms of Use in force at the time. Users of the Websites and Members who do not accept the modified Terms of Use may cease using the Websites. Members who subscribe prior to the modification of the Terms of Use may choose between two options:

– The Member may accept the new Terms of Use by continuing to use the Websites;

 

– The Member may require the use of the Terms of Use that were applicable when he/she acquired his/her Membership, only for the initial period of validity of his/her Membership and excluding renewal periods. The Member must expressly request the foregoing within one (1) month from the date on which the modified Terms of Use come into force, making use of the contact details included in Article 14 below. Once the initial period of validity of your Membership has expired, the modified Terms of Use shall apply to your Membership.

 

If the Member does not so request within this period of one (1) month from their entry into force, the modified Terms of Use shall be deemed to have been accepted by the Member.

Article 15. Applications and Claims.

or any request or complaint concerning a membership, the Member can contact MOAI ECOSYSTEM at the postal address MOAI ECOSYSTEM Calle Adrián Carrillo, 2 – 03670 Monforte del Cid – Alicante – Spain, or by filling in the contact form, making sure to indicate his/her username and email address.

The Member can also contact Customer Service by email or telephone:

– E-mail: info@moaiecosystem.com  

– Phone: +34 865 57 07 06

Article 16. Applicable Law – Disputes

These Terms of Use are governed, interpreted and applied in accordance with Spanish law. The language of interpretation is Spanish. The Member may also submit his or her complaint on the European Commission’s online dispute resolution platform at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage . The European Commission will transfer the Member’s complaint to the competent national mediators.

In accordance with the rules applicable in mediation, prior to any request for mediation, the Member must submit a written complaint to MOAI ECOSYSTEM in order to attempt an amicable resolution.

In the event that an amicable solution cannot be reached regarding a dispute related to the Terms of Use, the competent authorities will be the courts of Spain.

The courts of Spain have jurisdiction to settle any dispute arising out of or in connection with this Agreement (including a dispute relating to the existence, validity or termination of this Agreement or any non-contractual obligation arising out of or in connection with this Agreement (“a Dispute”).

The Parties agree that the courts of Spain are the competent courts to resolve disputes, controversies and disputes arising between the Parties.

 

Article 17. Who are we?

We are Premier Language School SLU with CIF B54577804 (with commercial name MOAI Ecosystem). The Services provided by MOAI ECOSYSTEM to its Members on the basis of these Terms of Use are offered by MOAI ECOSYSTEM, registered in the Commercial and Companies Registry of Spain with CIF: B54577804 ™ and registered office at Calle Adrián Carrillo, 2 – 03670 Monforte del Cid – Alicante Spain, represented by its President, General Manager and director of the publication of the Websites. The Websites are hosted on WordPress and Bana Hosting servers.

For any other question, you can contact MOAI ECOSYSTEM by filling out the contact form.