Terms of Use of Moonpeel (revised on 30/09/2016)

Introduction

Moonpeel LTD Company (hereinafter "Moonpeel") offers Online Services of:

  1. connecting artists, fans, professionals, talent representatives and companies;
  2. hosting and streaming media (images, videos, audios and writings);
  3. online adverts and events; and
  4. online portfolios (collectively, the "Moonpeel Services").

These Terms of Use, which may be modified from time to time, ("Terms of Use") constitute legally binding terms and applies to your use of the Moonpeel Services. By accessing and/or using the Moonpeel Services, you agree to be bound by these Terms of Use, whether you are a "Visitor" or you are a "Member" You are authorized to use the Moonpeel Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and these Terms of Use.

Moonpeel reserves the right to modify these Terms of Use at any time and from time to time, and each such modification shall be effective upon posting on the Moonpeel Services. All material modifications will apply prospectively only. Your continued use of the Moonpeel Services following any such modification constitutes your agreement to be bound by and your acceptance of these Terms of Use as so modified. It is therefore important that you review these Terms of Use regularly. If you do not agree to be bound by these Terms of Use and to abide by all Applicable Law, you must discontinue use of the Moonpeel Services immediately.

1. Definitions

The list of words below, which start with a capital letter, have been defined for the purposes of these Terms of Use as follows:

Moonpeel / WWW.MOONPEEL.COM: refers to Online Services of:

  1. connecting artists, fans, professionals, talent representatives and companies;
  2. hosting and streaming media (images, videos, audios and writings);
  3. online adverts and events; and
  4. online portfolios, edited by Moonpeel.

Member(s): refers to all Users of the Moonpeel Services holding an account to use Moonpeel.

Visitor(s): refers to all Users that simply navigate the Moonpeel Services without being registered.

User(s): refers to either a Visitor or a Member.

Moonpeel Services: refers to the entirety of the Services accessible to Moonpeel Members.

Terms of Use: refers to this contract.

2. Conditions of access and registration Services

The equipment (computer, software, telecommunications, etc.) allowing access to the Services are the sole responsibility of the Member, as well as communication costs incurred by their use.

Use of the Moonpeel Services and registration to be a Member for the Moonpeel Services (“Membership”) is void where prohibited. By using the Moonpeel Services, you represent and warrant that

  1. all registration information you submit is truthful and accurate;
  2. you will maintain the accuracy of such information;
  3. you are 13 years of age or older; and
  4. your use of the Moonpeel Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

When a Member wishes to represent an artist and provides Moonpeel with details of the last one, he / she is committed to having obtained from this artist the consent to the processing of his / her data by Moonpeel. The Member is also solely responsible towards Moonpeel of this artist and third, the impact of the transmission to Moonpeel of his / her information.

Moonpeel reserves the right to deactivate the accounts of members who have not used the Services for a period greater than or equal to 6 months. The end date of use of the Services taken into account for the calculation of the length of the period is defined as follows: the date of the last connection to Moonpeel Services.

3. Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify Moonpeel immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

4. Use by Members

Moonpeel Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by Moonpeel. Moonpeel reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Moonpeel Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Moonpeel Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Moonpeel reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Moonpeel Services.

5. Proprietary Rights in Content on Moonpeel

5.1.Moonpeel does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish (“post”) on, through or in connection with the Moonpeel Services. After posting your Content on, through or in connection with the Moonpeel Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the Moonpeel Services, you hereby grant to Moonpeel a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the Moonpeel Services, including, without limitation, through the Moonpeel Services to applications, widgets, websites or mobile, desktop or other services which are linked with your Moonpeel account (collectively, “Linked Services”), including, without limitation, distributing part or all of the Moonpeel Services and any Content included therein, in any media formats and through any media channels.

5.2.The license you grant to Moonpeel is non-exclusive (meaning you are free to license your Content to anyone else in addition to Moonpeel).

5.3.You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the Moonpeel Services, or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on, through or in connection with the Moonpeel Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Moonpeel therefore is not liable for the accuracy, completeness, legitimacy, reliability, operability, availability, validity, quality or full character of content posted on the Site. Moonpeel does not endorse such content.

Moreover, Users free Moonpeel from any claim that third parties could make against it for the content posted by users. Moonpeel reserves the right to defend itself. Each user is required to support Moonpeel in its defense, including by providing the necessary information.

5.4.Moonpeel Services contain Content of Moonpeel ("Moonpeel Content"). Moonpeel Content is protected by copyright, trademark, patent, trade secret and other laws, and Moonpeel owns and retains all rights in the Moonpeel Content and the Moonpeel Services. Moonpeel hereby grants you a limited, revocable, non sublicensable license to reproduce and display the Moonpeel Content solely for your personal use in connection with viewing the Moonpeel Website and using the Moonpeel Services.

5.5.Moonpeel Services contain Content of Users and other Moonpeel licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Moonpeel Services.

5.6.Moonpeel performs technical functions necessary to offer the Moonpeel Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the Moonpeel Services. In addition, you agree and acknowledge that Moonpeel may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Moonpeel Services. You can control what type of communications you receive from the Moonpeel Services by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained at the bottom of commercial emails.

5.7.Moonpeel reserves the right to limit the storage capacity of Content that you post on, through or in connection with the Moonpeel Services.

6. Content posted by Moonpeel

The trademark, logos, graphics, photographs, animations, videos and texts featured on the this website and Services are the intellectual property of Moonpeel, and may not be reproduced, used or represented without the express permission of Moonpeel or its partners, under threat of legal action.

The rights of use granted by Moonpeel to the Member are strictly limited to private and personal purposes in the scope of and for the duration for of the Member's membership. Any other use by the Member is prohibited without the express authorization of Moonpeel.

In particular, the Member is prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever the Services, from all of our website pages or software codes for elements comprising the any element of Services and website.

7. Content posted by Members

Please choose carefully the information that you post on, through or in connection with the Moonpeel Services and that you provide to other Users. Your Moonpeel profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Moonpeel Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Moonpeel assumes no responsibility or liability for this material. If you become aware of misuse of the Moonpeel Services by any person or Linked Service, please click on the "Contact Moonpeel” at the bottom of the Moonpeel Website pages or on the “Report” link located on each page of a multimedia Content.

7.1.Moonpeel may reject, refuse to post or delete any Content for any or no reason, including, but not limited to Content that in the sole judgment of Moonpeel violates these Terms or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Moonpeel Policy is to moderate some of the Content of Members for research of inappropriate Content or conduct. However, if Moonpeel accepts as its criterion the content, Moonpeel nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and shall not be liable for the conduct of the Member who issued such Content. However, in the case of illegal Content, and if the proof is made, Moonpeel will make arrangements to remove the Content.

7.2.You are solely responsible for the Content that you post on, through or in connection with any of the Moonpeel Services, and any material or information that you transmit to other Members and for your interactions with other Users.

8. Content / Activity prohibited

The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the Moonpeel Services. Moonpeel reserves the right to investigate and take appropriate legal action against anyone who, in Moonpeel's sole discretion, violates this provision, including, without limitation, removing the offending Content from the Moonpeel Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Moonpeel:

  • 8.1.is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • 8.2.harasses or advocates harassment of another person;
  • 8.3.exploits people in a sexual or violent manner;
  • 8.4.contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
  • 8.5.solicits or is designed to solicit personal information from anyone under 18;
  • 8.6.publicly posts information that poses or creates a privacy or security risk to any person;
  • 8.7.constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • 8.8.constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • 8.9.involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • 8.10.contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • 8.11.furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • 8.12.solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • 8.13.involves commercial activities and/or sales without prior written consent from Moonpeel such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • 8.14.includes a photograph or video of another person that you have posted without that person's consent;
  • 8.15.for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile;
  • 8.16.violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
  • 8.17.The following are examples of the kind of activity that is illegal or prohibited on the Moonpeel Website and through your use of the Moonpeel Services. Moonpeel reserves the right to investigate and take appropriate legal action against anyone who, in Moonpeel's sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities. Prohibited activity includes, but is not limited to:
  • 8.18.criminal or tortuous activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • 8.19.advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Moonpeel Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Moonpeel reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Moonpeel deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the Moonpeel Services, you acknowledge that you will have caused substantial harm to Moonpeel, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Moonpeel 50 GBP for each actual or intended recipient of such unsolicited message, status or mood update, bulletin or other unauthorized commercial communication you send through the Moonpeel Services;
  • 8.20.circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Moonpeel Services;
  • 8.21.activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • 8.22.modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Moonpeel Services other than your Content which you legally post on, through or in connection with the Moonpeel Services;
  • 8.23.providing or using “tracking” or monitoring functionality in connection with the Moonpeel Services, including, without limitation, to identify other Users’ views, actions or other activities on the Moonpeel Services;
  • 8.24.covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Moonpeel page via HTML/CSS or any other means;
  • 8.25.any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins;
  • 8.26.interfering with, disrupting, or creating an undue burden on the Moonpeel Services or the networks or services connected to the Moonpeel Services;
  • 8.27.impersonating or attempting to impersonate Moonpeel or a Moonpeel employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);
  • 8.28.for band, comedy, filmmaker and other profiles containing a Moonpeel player, copying the code for your Moonpeel Player and embedding it (or directing others to embed it) anywhere other than in your band profile on Moonpeel;
  • 8.29.using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  • 8.30.selling or otherwise transferring your profile, your email address or URL;
  • 8.31.using or distributing any information obtained from the Moonpeel Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
  • 8.32.displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Moonpeel Services on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by Moonpeel, posting status or mood updates, blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending messages with a commercial purpose;
  • 8.33.relaying email from a third party's mail servers without the permission of that third party;
  • 8.34.using invalid or forged headers to disguise the origin of any Content transmitted to or through Moonpeel’s computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
  • 8.35.using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from Moonpeel Website for the purposes of sending unsolicited or unauthorized material;
  • 8.36.engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent;
  • 8.37.using the Moonpeel Services in a manner inconsistent with any and all Applicable Law.

9. Protecting Copyrights and Other Intellectual Property

Moonpeel respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is Moonpeel’s policy to terminate, in appropriate circumstances, the membership of repeat infringers. If you believe your work has been copied and posted on or through the Moonpeel Services in a way that constitutes copyright infringement, please send Moonpeel's Copyright Agent a notification of claimed infringement with all of the following information:

  1. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  2. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its representative, or the law; and
  3. a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. Moonpeel's Copyright Agent for notification of claimed infringement can be reached using the “Report” option and select the “Infringes my rights” category.

10. Functioning of the website and Services

To use the Services, the Member must have the necessary hardware equipment and software and the necessary parameters required to properly use the website: the latest version of Internet browser, JavaScript functions enabled, cookies enabled, and pop-ups enabled.

Apple users must use Mozilla Firefox – Moonpeel does not guarantee optimal functioning of the website when using SAFARI or OPERA browsers.

Please note that up-to-date Adobe Flash software is required for this website to function properly. Depending on your network configuration (if protected behind a firewall or proxy), connection to our website may not be possible.

The User must have the skills, hardware and software required to use the Internet or, as appropriate Internet Services, and acknowledges that the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data transmissions cannot be guaranteed.

Moonpeel does not guarantee that the Services will function if the User activates a pop-up killing tool. In this case, the function should be deactivated before using the Service.

Moonpeel does not guarantee that the Services will be usable if the User's internet service provider is unable to provide its services properly. In this context, Moonpeel cannot be held responsible for the non-functioning, unavailability or adverse conditions of usage of the website resulting from incorrect hardware, problems experienced by the User's internet service provider or blockages on the Internet networks or for all other reasons outside Moonpeel’s sphere of influence as defined by the courts of the United Kingdom.

Under these conditions, Moonpeel does not guarantee that the Services shall function without interruption or error. In particular, the use of our website may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, Moonpeel shall inform its Users prior to maintenance work or updates.

11. Member Disputes

You are solely responsible for your interactions with other Moonpeel Members, third party developers or any other parties with whom you interact through the Moonpeel Services and/or Linked Services. Moonpeel reserves the right, but has no obligation, to become involved in any way with these disputes.

12. Privacy

Use of the Moonpeel Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

13. Disclaimers

Moonpeel is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the Moonpeel Services or Linked Services, by Users of the Moonpeel Services or Linked Services, and such User Content does not necessarily reflect the opinions or policies of Moonpeel.

In addition, Moonpeel is not responsible for any damage, injury or loss caused by Users of the Moonpeel Services or by any of the equipment or programming associated with or utilized in the Moonpeel Services or Linked Services.

Profiles and Linked Services created and posted by Members on, through or in connection with the Moonpeel Services may contain in “Website” section links to other websites or services. Moonpeel is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Moonpeel. Inclusion of any linked website or service on the Moonpeel Services does not imply approval or endorsement of the linked website or service by Moonpeel. When you access these third party sites and services, you do so at your own risk.

Moonpeel takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the Moonpeel Services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. Moonpeel is not responsible for the conduct, whether online or offline, of any User of the Moonpeel Services or Linked Services. Moonpeel assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Moonpeel is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Moonpeel Services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Moonpeel Services or Linked Services.

Under no circumstances shall Moonpeel be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Moonpeel Services or Linked Services, attendance at a Moonpeel event, from any Member Content posted on or through the Moonpeel Services or Linked Services, or from the conduct of any Users of the Moonpeel Services, whether online or offline.

Moonpeel Services and Linked Services are provided "AS-IS" and as available and Moonpeel expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Moonpeel cannot guarantee and does not promise any specific results from use of the Moonpeel Services or Linked Services.

14. Limitation on Liability

In no event shall Moonpeel be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, lost profit damages arising from your use of the Moonpeel Services or linked services, even if Moonpeel has been advised of the possibility of such damages.