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

MOAI ECOSYSTEM offers an annual membership commitment to the user (artists, clubs, venues, record labels and dj schools) with services whose aim 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 via 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 via 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 purchase of the Membership 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 and bound by the provisions of (i) the Terms of Use and (ii) the Privacy Policy and the Cookie Policy (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 when purchasing 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 shall cease to use the Services.

In the absence of such authorisation, the offending party shall be liable to all civil and criminal actions provided for by law.
This 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 meanings:
“Terms of Use” means this Agreement.
“Account” means the strictly personal interface that Members can access, allowing them to be identified on the Websites, to benefit from the Services to which they have registered or subscribed, 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 from MOAI Ecosystem, in accordance with the terms of the event and performance contracts intended for it 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, controlling or under joint control with MOAI ECOSYSTEM.
“Upgrade” means any Paid Services purchased by a Member as an additional option to their Membership.
“Member” means the user who has access to the Services after successfully registering in the private area.
“Profile” means 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” means 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 Specialised Websites and mobile applications where Group companies publish and through which some of the Services are provided.
“Specialised Websites” means 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 of time purchased by the Member.

Article 2. Access, Registration and Membership
2.1. Procedure and terms of access to and registration for 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 become a Member, discovering the Services and gaining access to the functionalities of the Services described in article 4.1 below.
The Services are intended exclusively for adults over the age of 18. In the event that a Member is under the age of 18, he/she may not use 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 can 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 Conditions of Use as well as with all applicable legislation and regulations.
• That they will provide information that is correct, accurate, true and not misleading, having, in particular, the obligation to show sincerity and honesty in the content that they provide through their Profile and in their interaction with MOAI ECOSYSTEM and the Group to which it is associated.
• That they will comply with the purpose of the Services, consisting of the training and promotion of the Member’s content.

MOAI ECOSYSTEM reserves the right to refuse, suspend or terminate membership at any time where a Member is in breach of these Terms of Use.
It should be noted that a Member may not create more than one Account with the same e-mail address.
The dissemination of personal data (email 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 have been met, each Member will create a strictly confidential and personal username and password, which will enable him/her to access his/her Account.
The Member is responsible for the use of his identification data by third parties or the actions or declarations made by an intermediary on his Account, whether fraudulent or not, and will indemnify MOAI ECOSYSTEM for claims arising in connection therewith, except in the event of an error exclusively attributable to MOAI ECOSYSTEM or a technical failure of its Services. Furthermore, MOAI ECOSYSTEM is not obliged and does not have the technical means to verify the identity of individuals who register on the Services. If the Member has reason to believe that another person is using his identification data or his Account, he must inform MOAI ECOSYSTEM immediately.
2.2. Membership procedure and conditions of Membership
Membership to the Services, with or without Upgrade, involves a cost. The Member can acquire a Membership and benefit from the functionalities of the Upgrades described below in article 4.2. according to the Payment Service contracted.
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 entails full acceptance of all terms and conditions and the Member’s status as a Member with the chosen Upgrades. 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 Service booked by the Member that has not been paid for will not be honoured by MOAI Ecosystem.

Article 3. Right of withdrawal

In accordance with the right of withdrawal under Spanish law, the Member is informed that, if he/she is a final consumer, he/she has a period of fourteen days from the activation of his/her membership to exercise his/her right of withdrawal, without penalty and without having to give any reason whatsoever, by post addressed to MOAI THINKIN SLU, Calle Cid, 31 – 03670 Monforte del Cid – Alicante – Spain, by filling in the withdrawal form available here or by sending an unequivocal declaration stating your wish to withdraw to this email address to privatezone@moaiecosystem.com (MOAI ECOSYSTEM). Communications sent to this address will only be processed 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 his 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 expressly so 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 connects to his MOAI ECOSYSTEM Account and uses the Services before the end of this withdrawal period, MOAI ECOSYSTEM will consider this initial connection to the Membership as the Member’s express request for immediate access to the Upgrades.

In any case, immediate access to the Services does not deprive the Member of its right to withdraw, which remains valid until the expiry of the fourteen-day period. However, the Member who has requested to benefit from the Upgrades before the end of the withdrawal period, in case he/she finally decides to exercise this 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 must 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 request for withdrawal, it being understood that each service consumed must be paid for.

The reimbursement will be made within 14 days from the date on which MOAI ECOSYSTEM was informed of the Member’s decision to withdraw, in the same form of payment that the Member used for the initial transaction, unless the latter indicates otherwise.

Article 4. Functions of the Service
4.1 Functions available to Members
Registration with the Services enables 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 web pages.
o Presskit design with BIO, artwork and technical rider supported by MOAI (artists only).
o Frequent customised creatives for Member’s RRSS subject to content submitted by the Member themselves for promotion through our private area.

– SUPPORT:
– Joining the MOAI roster.
– Official announcement of your joining MOAI on our RRSS and moaimagazine.com.
– Exclusive folder in the cloud without capacity limit for storage of Member’s material.
– Exclusive access to the private area of our website with access to resources and promotional tools.
– Authorisation for the Member to use MOAI’s branding for their own promotion and image (previous review of the content by MOAI’s Artwork department).

– BOOKING In this respect MOAI Ecosystem does not guarantee performances or bookings for the Member.
– MOAI Platform Artists. Assistance from MOAI Ecosystem’s artistic consultant 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.
– MOAI PRO Artists. MOAI Ecosystem ambassador assistance 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 him/her 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.
– Possibility to participate in events organised by MOAI and its partners. MOAI Ecosystem reserves the right to choose the Members participating in its events according to the attitudes and evolution of the Members as well as the musical style of the event itself.
– Legal and contractual assistance between Members and clients or event promoters.

4.1.1. Updates 

The member may request a free of charge update of its webspace and presskit during its annual membership. Any further modifications will be subject to MOAI Ecosystem’s fees.

4.2 Enhancements available to Members
Acquiring a Membership allows access to the Member’s service 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 MOAI Ecosystem dossiers. The private area also includes links to the MOAI online shop where these additional paid services can be booked and paid for.
MOAI Ecosystem offers a special discount to its members on the purchase 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 organise events or to provide performances or performance engagements to its Members but to offer quality professional training and promotional 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 real identity of Members when they connect to the Websites. In addition, MOAI ECOSYSTEM and the associated platforms do not exhaustively control or moderate any of the content that Members may publish on the Services under their own responsibility. However, the photographs and descriptions displayed on 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 (surname, postal address, email address, telephone number…), with the exception of their username.
5.2 Obligations of Members
By using the Service, Members are obliged to respect the rules of behaviour listed below, agreeing to refrain from the following:
– Publish any of their personal contact details or disseminate other people’s personal information (e-mail address, postal address, telephone number, etc.) through any means (in a Profile description, via photos, etc.).
– Post any Content that violates or infringes the rights of any person, in particular the rights to self-image, privacy and honour, copyright, trademark or other intellectual property or contractual rights.
– Impersonate any person or entity.
– Solicit, from other Members, passwords for any purpose or personally identifiable information for commercial or unlawful purposes.

The purpose of the Services, including the Upgrades, is not to organise events or to provide performances or performance engagements to its Members but to offer quality professional training and promotional 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 real identity of Members when they connect to the Websites. In addition, MOAI ECOSYSTEM and the associated platforms do not exhaustively control or moderate any of the content that Members may publish on the Services under their own responsibility. However, the photographs and descriptions displayed on 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 (surname, postal address, email address, telephone number…), with the exception of their username.
5.2 Obligations of Members
By using the Service, Members are obliged to respect the rules of behaviour listed below, agreeing to refrain from the following:
– Publish any of their personal contact details or disseminate other people’s personal information (e-mail address, postal address, telephone number, etc.) through any means (in a Profile description, via photos, etc.).
– Post any Content that violates or infringes the rights of any person, in particular the rights to self-image, privacy and honour, copyright, trademark or other intellectual property or contractual rights.
– Impersonate any person or entity.
– Solicit, from other Members, passwords for any purpose or personally identifiable information for commercial or unlawful purposes.

Article 6. Contents
6.1 Your content
Any and all audio, text, photos, images, comments and other content, data or information that you upload, store, transmit, post, send, exchange or otherwise make available on or through the Platform (hereinafter, “Your Content”) is your sole property, and not MOAI Ecosystem’s. You hereby expressly acknowledge and agree that Your Content is at your sole risk.

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 unauthorised 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 unauthorised now or becomes unauthorised 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 represent 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 use at any time for 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 does 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 likenesses 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 Web 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 permission 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, in 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 Responsibility 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 authorised agent of the rights holder (such as the rights holder’s lawyer 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 authorised licensee as a result of the removal of the content. In addition, you run the risk of us freezing your account or, in some cases, terminating 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 copyright, 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 authorised 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 email address at which you can be contacted, and your MOAI Ecosystem username, if you have one;
– a statement by you that you have a good faith belief that the disputed use of the material is not authorised 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 authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;

With respect to your statement that you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed, a confirmation that such a 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 post 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 is defamatory, pornographic, obscene, racist or otherwise capable of causing widespread harm, 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 own or 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 relation to 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 enquiries 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 External Services.
You are solely responsible for taking precautions to protect against fraud when using External Services, and for protecting your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be contained in or emanate from any of the External Services.

MOAI Ecosystem disclaims any liability for damages resulting from your use of the External Services, and you hereby irrevocably waive any claim against MOAI Ecosystem with respect to the content or operations of any of the External Services.

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 any third party, 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 in accordance with 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 MOAI Ecosystem may determine 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, payment conditions and renewals
7.1. Fees and payment conditions for Upgrades
In order to use the Services, the User must have purchased a Membership; the fees and payment conditions are available in the MOAI dossiers and online shop. Users can 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 relevant Websites. 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 out above and immediately benefit from the features offered by the purchased Upgrade. The Member will therefore be charged for the service purchased.
7.2. Conditions of Membership Renewal
On the expiry date of each period of validity, and unless the Member has notified MOAI Ecosystem of its wish to cancel it before its expiry in accordance with the terms and conditions indicated in article 10 below, the Membership shall 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 expiry of the initial Membership, of the renewal of its Membership and of the possibility of cancelling 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, where 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 than 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 discounted Upgrades without the purchase of a Membership.
Article 8. Intellectual and industrial property.
8.1. Content disseminated via the Services
All names of the Services, trademarks, logos, graphics, photographs, animations, videos and texts contained in the Websites and in connection with the Services are the exclusive property of MOAI Ecosystem, and, where appropriate, its partners, and may not be reproduced, used or communicated without the express permission of MOAI Ecosystem or its partners, reserving all appropriate legal action.

The rights of use granted to Members are limited to private and personal use within the framework of and for as long as the membership to the Services 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 action.

8.2. Content disseminated by Members
The Member grants MOAI Ecosystem a licence to use its image and 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 postings of its profile on the Services. This licence specifically includes the right of MOAI Ecosystem to reproduce, represent, adapt, translate, digitise, use for the purpose of the Services or sublicense the content 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 emails and generally on all electronic communication media (email, Internet, mobile applications) used in the context of the provision of the Services, worldwide.

The Member expressly authorises MOAI Ecosystem to modify the aforementioned contents in order to respect the graphic identity of the Services or of the other communication media listed above and/or to make them compatible with its technical performance or with the formats permitted by these media. These rights are granted on a worldwide scale, for as long as the Terms of Use agreed between the Member and MOAI ECOSYSTEM remain in force and for a period of XX years at the end of these Terms of Use. 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 In order to use the Services, the Member must have the necessary knowledge, materials and software programmes 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 the computer equipment and software programmes and configurations 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. Furthermore, 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 the malfunctioning, the impossibility of access or poor conditions of use of the Websites and Services attributable to inadequate equipment, to internal errors of the access provider whose services the Member has contracted, to the overloading of the Internet network or to any other aspect beyond the control of MOAI ECOSYSTEM which can be considered as a situation of force majeure.
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 the Members in advance of any maintenance or updating operation which may affect the Services.
9.2. Information and contents provided by the 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 is 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 honour, 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 out in the Privacy Policy, to the extent that the Member has previously, voluntarily and expressly authorised 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 content provided by other Members and/or by the Member itself, nor for the consequences of the use of this information and content. Similarly, MOAI ECOSYSTEM shall not be held responsible for contents disseminated by a Member which are likely to contravene the rights of one or several Members or third parties and in relation to which MOAI ECOSYSTEM provides proof that it had not been informed of this by a Member or third party, or that it did not have effective and prior knowledge of the existence of such contents before their dissemination or that it had not incurred any breach of its contractual obligations under these Conditions of Use.

MOAI ECOSYSTEM is 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 that such breach is the sole cause of direct and actual damage caused to the Member. In this case, it is up to MOAI ECOSYSTEM to prove that it has not in any way failed to fulfil its contractual obligations. MOAI ECOSYSTEM cannot be held responsible for damage suffered by the member if this damage is caused by the member itself or if it is the result of a situation of force majeure.

9.2.3. The quality of the Services required by MOAI ECOSYSTEM and its members implies 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 of individual and ethical responsibility, MOAI Ecosystem and its partner platforms allow all its Members to report any content (photographs, 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 monitoring by MOAI Ecosystem and its partner platforms, according to objective criteria. In the event that such reporting or monitoring 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 concerned undertakes to indemnify and hold MOAI Ecosystem harmless for any damages, expenses or orders made against it resulting from the breach of the Member’s obligations.

Contact” section.
Article 10. Profile Suspension – Account Closure – Membership Termination
10.1 Suspension of Profile
Any Member may request at any time the suspension of its access to its profile, by 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 with 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 by any other means indicated in this section. This request shall be deemed to have been made on the next working day following receipt by MOAI ECOSYSTEM of the request to close the relevant Account and the Member will no longer be able to use his or her Membership or the Upgrades in force. The Member will be informed by email of the closure of his/her Account.

10.3 Non-renewal/Cancellation of Membership by the Member
The Member may cancel the automatic renewal of his/her Membership 24 hours after its renewal and at least 48 hours before the Membership is due for renewal, via the “My Account” section or otherwise by email to privatezone@moaiecosystem.com . The cancellation will be effective on the expiry 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 expiry 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. Such 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 Events or Performances shall apply. Such specific terms and conditions are to be found in the contracts intended for that purpose, which shall be agreed between both parties prior to each Event or Performance.
Article 12. Personal Data
Members’ personal data are processed 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 entirety 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 pursuant to applicable laws or regulations, or as a result of a final judgment of a court or competent authority, the remaining provisions shall remain in full force and effect, to the extent permitted by applicable law, regulation or 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 the characteristics 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 via the private area.

14.2 Modification of the Conditions 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 via the private area.

Use of the Websites and new registrations are subject to the Terms of Use in force at that 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 applied when the Member purchased its Membership, only for the initial period of validity of its Membership and excluding renewal periods. The Member must expressly request the above within one (1) month from the date on which the modified Terms of Use come into force, using the contact details provided in Article 14 below. After the end of the initial period of validity of your Membership, the modified Terms of Use shall apply to your Membership.

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

14.2 Modification of the Conditions 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 via the private area.

Use of the Websites and new registrations are subject to the Terms of Use in force at that 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 applied when the Member purchased its Membership, only for the initial period of validity of its Membership and excluding renewal periods. The Member must expressly request the above within one (1) month from the date on which the modified Terms of Use come into force, using the contact details provided in Article 14 below. After the end of the initial period of validity of your Membership, 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 amended Terms of Use shall be deemed to have been accepted by Meimbro.

Article 15. Requests and Complaints
For any request or complaint concerning a membership, the Member can contact MOAI ECOSYSTEM at the postal address MOAI Ecosystem, Calle Cid, 31 – 03670 Monforte del Cid – Alicante – Spain, or by filling in the contact form, making sure to indicate his/her user name and email address.
The Member can also contact Customer Service by email or telephone:
– Email: info@moaiecosystem.com
– Telephone: +34 688796832

Article 16. Applicable Law – Disputes
These Terms of Use are governed by, construed and enforced 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 concerning a dispute relating 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 settle any disputes, controversies and controversies arising between the Parties.

Article 17. Who are we?
We are MOAI THINKIN SLU with CIF B16939324 (trading as 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 Mercantile and Companies Register of Spain with CIF: B16939324 ™ and registered office at Calle Cid, 31 – 03670 Monforte del Cid – Alicante Spain, represented by its President, General Manager and publishing director of the Websites. The Websites are hosted on WordPress and Bana Hosting servers.
For any other question, you can contact MOAI ECOSYSTEM by filling in the contact form.

ANNEX I – AFFILIATE PROGRAM CONDITIONS

This agreement is meant to explain the MOAI Ecosystem Affiliate Program you as an affiliate will be entering into with MOAI Ecosystem.

Your Affiliate Code

An affiliate code has been created for you. 

Generating Affiliate Links

You can find  in this page

Promotion Policies

We want our affiliates to earn great commissions while bringing new customers to our platform.

Here are some promotional methods we encourage our affiliates to pursue:

• Tell clients, customers, and friends about MOAI Ecosystem. Give them your affiliate referral link.
• Write a review or blog post about membership sites, software, or MOAI Ecosystem in particular and link to our site with your referral link.
• Whenever and wherever you link to our website on social media, emails, podcasts, or videos, include your affiliate link.

We are careful about the incentives behind our affiliate program promoting spam or other fraudulent activity around our brand. To that end and to be clear about what we consider prohibited, here are some promotional methods we will not allow:

• Do not post your affiliate link or coupon codes on coupon sites. Your affiliate links should be surrounded by value added content, qualifying and encouraging conversions.
• Do not post ads to services like Google AdWords, social ads, or retargeting ads using our brand or keywords.
• Do not spam. Please respect the posting rules of any 3rd-party websites you use to promote MOAI Ecosystem. If you are unclear if a certain practice is spam, it probably is. Feel free to contact us for verification. If MOAI Ecosystem decides that your activity is spam, we will deactivate your account.
• Any illegal activity or activity deemed offensive by us is prohibited.
• Do not pretend to be professionally associated with MOAI Ecosystem. Affiliates are not employees and have no employee rights.
• Do not pretend to be MOAI Ecosystem or represent MOAI Ecosystem. Do not clone our site, copy our site, use our site assets without permission, or submit our code or products on behalf of MOAI Ecosystem to third party repositories or market places.

Inappropriate Websites

The following types of sites are not permitted to become an affiliate: adult sites, sites that display adult material or banners, sites that promote violence, hatred or bigotry, sites that promote or engage in illegal activity, including (but not limited to), hacking, cracking, nulled, and warez sites. Affiliates running our links on inappropriate websites will be deactivated, and we reserve the right to choose whether or not to provide a reason for deactivation.

How Affiliates are Determined at Checkout

When a user visits MOAI Ecosystem through one of your affiliate links, a cookie is placed on their computer for 90 days (or until they manually clear their cookies) to track that user. If and when that user checks out for a membership at MOAI Ecosystem, if a cookie with your affiliate code is present, your account will gain credit for that sale.

If a user visits MOAI Ecosystem through multiple affiliate links, the link they used last will get credit for the sale.

Cookies are stored for one browser only. If a user switches browsers or otherwise checks out with a browser where the affiliate cookie was not set or expired, we can not track that referral.

Compensation

Affiliates will earn a 20% commission for each sale.

Occasionally, users will pay less during a sale or as part of a promotional offer.

Below are the payouts based on the amount charged at checkout.

Only new customers will be eligible for commissions. There are no commissions on annual renewals.

Your own purchases are not eligible for commissions, even if purchased under a different account or email address.

Payouts

Payouts will be paid in € quarterly in the first week of the month via PayPal. We only payout for commissions older than 30 days.

MOAI Ecosystem shall automatically generate an invoice on behalf of the affiliate for all commissions payable under this agreement and shall remit payment to the affiliate based upon that invoice.

All tracking of links and determinations of referrals and commissions will be made by MOAI Ecosystem in its sole discretion. In the event that an affiliate disputes in good faith any portion of an invoice, the affiliate must submit that dispute to MOAI Ecosystem in writing and in sufficient detail within thirty (30) days of the date on the invoice. If the affiliate does not dispute the invoice as set forth herein, then the affiliate agrees that it irrevocably waives any claims based upon that invoice. In the event that the affiliate is also tracking Qualified Actions and the affiliate claims a discrepancy, the affiliate must provide MOAI Ecosystem with their reports within three (3) days after the 30th day of the calendar month, and if MOAI Ecosystem’s and the affiliate’s reported statistics vary by more than 10% and MOAI Ecosystem reasonably determines that the affiliate has used generally accepted industry methods to track Qualified Actions, then MOAI Ecosystem and the affiliate agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then MOAI Ecosystem’s numbers shall govern.

If an affiliate has an outstanding balance due to MOAI Ecosystem under this agreement or any other agreement between the affiliate and MOAI Ecosystem, whether or not related to the affiliate program, the affiliate agrees that MOAI Ecosystem may offset any such amounts due to MOAI Ecosystem from amounts payable to the affiliate under this agreement. In other words, if you owe us money for any other business activities and we owe you money for affiliates, we may if necessary pay ourselves from the commissions owed to you.

Refunds

We offer a 15 day, 100% no questions asked money-back guarantee on all of our membership levels. Occasionally (about 10% of the time) our members will take us up on this offer.

If an order you received a commission for is refunded at any time, we will either (a) void the associated commission for the current quarter’s payment or (b) deduct the associated commission from a future payment in the case that you have already been paid the associated commission amount.

We will never ask you for money back from refunded commissions.

Reports

At any time, you may access reports on your referrals and conversions here.

Changes to This Agreement

MOAI Ecosystem reserves the right to make changes to this agreement, in particular the payment fees, whenever they see fit.

In the case the referral rates are updated, you will be notified immediately. Any sales collected before the change will be compensated at the previously agreed rates. Any sales collected after notification of the change will be compensated at the new rates.

We do not intend to change our rates often, but if our product offering changes our referral rates may need to be updated to reflect those changes.

Affiliate Mailing List

We have a separate mailing list for our affiliates and partners. By becoming a MOAI Ecosystem affiliate, you agree to receive these emails. We will not spam you or send too many emails to this list. We will occasionally send emails about upcoming promotions or changes to our affiliate agreement.

Dissolving this Agreement

At any time, any party may dissolve the Affiliate Program agreement (not your membership which will be subject to the conditions of the Terms of Use) . The other party should be notified immediately. All affiliate links will be disabled (they will still function but sales will no longer be tracked). All previously tracked, but unpaid, sales will be used to calculate the appropriate affiliate payment. The final payment will be withheld for 30 days (to allow for refunds) and then paid out to the affiliate.

Your participation in the Affiliate Program affirms that you have read and understand all of the information above and are ready and committed to help build a profitable partnership to grow the adoption and sales of MOAI Ecosystem.

Date of registration of these conditions: Monday 19 April 2021 at 13:18 a.m.