Terms of Service

 
 

Introduction and General Information About the Nature of These Terms

 
This website is operated by Moonstrive Media Limited (“Moonstrive Media”). Throughout the site, the terms “we”, “us” and “our” refer to Moonstrive Media. By using Moonstrive Media’s services, you acknowledge and agree to these Terms, forming a binding legal agreement. Please be aware that these Terms may be updated in response to changes in our operational practices or other business conditions. It is your responsibility to stay informed of such changes by periodically reviewing these Terms.

Your use of Moonstrive Media’s services signifies your acceptance of the current version of these Terms each time you access our services. Additionally, by agreeing to these Terms, you confirm that you are legally capable of entering into binding contracts, either as an individual of at least 18 years of age or, if under 18, with the formal consent of a legal parent or guardian. This also applies if you hold a legal status enabling you to consent to contracts despite being under 18.
 
 

Non-Affiliation Disclaimer

 
Moonstrive Media is not endorsed by, directly affiliated with, maintained, authorized, or sponsored by Spotify, YouTube or TikTok. All product and company names are the registered trademarks of their original owners. The use of any trade name or trademark is for identification and reference purposes only and does not imply any association with the trademark holder of their product brand.
 
 

Intellectual property rights

 
“Intellectual Property Rights” refers to all current and future rights recognized by law, common law, or equity concerning copyrights, trademarks, designs, patents, inventions, goodwill, and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights. These rights are applicable whether registered or unregistered and include all applications and rights to apply for and be granted, rights to claim priority from such rights, and all similar or equivalent rights or forms of protection in any part of the world. This Agreement does not assign to you any intellectual property owned by Moonstrive Media or third parties, and all rights, titles, and interests in such property remain exclusively with Moonstrive Media. All trademarks, service marks, graphics, and logos used in connection with our Website and Services are the trademarks or registered trademarks of Moonstrive Media or its licensors. Other trademarks, service marks, graphics, and logos used in connection with our Website and Services may belong to third parties. Your use of the Website and Services does not grant you the right or license to reproduce or otherwise use any Moonstrive Media or third-party trademarks.
 
 

Accounts

 
If you create an account on our website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
 
 

Payments

 
By purchasing a campaign, you agree to fulfill all related charges through our Service or any payment provider we choose to use. You are obliged to pay the agreed-upon price for the services requested at the time of request, including any processing fees and taxes incurred. Placing an order through our Service implies your agreement to use the ordered services lawfully. We retain the right to cancel any campaign at any moment, set terms for redeeming any promotion, and to restrict or refuse transactions or services to anyone at our discretion, without prior notice.
 
 

Legal Liability, Indemnification, and Warranty Disclaimer

 
We disclaim any responsibility for the actions taken by users of our Service and for any impacts that changes to our Terms of Service might have on users.

 

Content Accuracy Disclaimer

We do not guarantee the accuracy, reliability, or truthfulness of the content on our Service or associated websites. This disclaimer extends to content regarding third-party products or services available through our Service. Users should understand that they use our Service at their own risk.

 

Third-Party Links

Our Service may include links to third-party websites, services, or products. Accessing these is solely your choice, and you bear all associated risks and liabilities. We do not endorse any external sites, products, or advertisements.

 

User and Third-Party Disputes

We are not accountable for any disputes you may have with other users or third parties encountered through our Service, including any artists or curators. We do not hire any curators. By interacting with other users or third parties, you accept all risks and agree not to hold us liable for any resultant damages or involve us in such disputes. Resolving such disputes is your responsibility.

 

Service Modifications

We reserve the right to modify or discontinue any part of our Service or the entire Service at our discretion without any obligation to notify you in advance or bear any liability.

 

Definition of “Released Parties”

For the purposes of these Terms, the phrase “Released Parties” is defined as Moonstrive Media, its employees, agents, officers, directors, partners, licensors and affiliates. The phrase is meant to signify, in a general way, all parties declared by these Terms to be released from legal liability in the event of a dispute between you and another user of this Service or some third party.

 
 

Indemnification and the Limitation of Legal Liability

 
We hold no legal responsibility for any outcomes connected to or resulting from your utilization of our Service. Should your actions on our Service lead to legal action against us, you must cover all legal expenses for the Released Parties, as detailed in the subsequent disclaimer:

 

When you accept our Terms and engage with our Service, you recognize that the Released Parties will not be held accountable for any losses you incur under any of the following scenarios, encompassing direct, indirect, financial, reputational, or any other type of possible losses:

 

• – Your use of or inability to use the Service;
• – Comments or content from other users or third parties on the Service;
• – Your dependence on any content provided by us;
• – Unauthorized access to your account and any subsequent changes to your data;
• – Expenses for obtaining or replacing goods or services acquired through or due to our Service;
• – Any other issues related to the Service.

 
Be aware that depending on your local laws, some limitations in this disclaimer may not apply to you.

 

Additionally, you consent to indemnify and absolve all Released Parties from any legal actions, claims, or demands for compensation that emerge due to your engagement with our content, violation of our Terms, or your trust in any third-party content, regardless of its reliability.

 
 

General Warranty

 

Your engagement with Moonstrive Media’s services is entirely at your discretion, with an understanding that we do not offer any promises or assurances concerning any potential legal liabilities, as detailed in the subsequent disclaimer:

 

By utilizing our Service and accepting these Terms, you clearly acknowledge and agree that: (A) you assume full responsibility for your use of our Service, and all Released Parties categorically renounce any warranties of any sort; (B) the Service is provided on an “as is” basis without warranties; (C) the Released Parties do not assure or warrant that (i) your experience with the Service will meet your expectations in terms of quality, accuracy, suitability for your needs, or security, (ii) the Service will operate uninterrupted, efficiently, or without errors, and (iii) any faults in the Service will be rectified; (D) you bear all risks associated with any content you may download from our Service, including any potential harm to your computer system, mobile device, or data.

 
 

Governing Law and Dispute Resolution

 

This agreement shall be governed by and construed in accordance with the laws of Malta, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the courts located in Malta. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

 

Should any conflict or disagreement emerge between you and Moonstrive Media regarding these Terms or any related matters, your initial step should be to reach out to us at contact@moonstrivemedia.com to discuss the issue. You also consent to engage in personal arbitration to settle such disputes, except in situations concerning injunction relief. In those instances, you may bypass arbitration and go directly to court if necessary to prevent significant harm. Should we succeed in court on injunction-related disputes, we are entitled to recover reasonable attorneys’ fees from you.

 

Furthermore, you acknowledge and agree that in any dispute with the Released Parties that relates to these Terms or the use of our Services, you will:

 

• – Waive your right to a jury trial;
• – Waive your right to participate as a member or representative in any class action lawsuit;
• – Must file any claims within one (1) year from the time they arise, or they will be irrevocably waived.

 
 

User Conduct

 

You are not allowed to use Moonstrive Media’s Website, Services, or Content for illegal activities, to encourage others in illegal acts, to breach any laws or regulations, to violate our or others’ intellectual property, to engage in harassment or discrimination, to provide false information, to spread harmful code, to engage in harmful internet practices, for obscene purposes, or to breach the security of our services or the internet. Violating these restrictions may result in termination of your access to our services.

 
 

Comments and suggestions

 
If you send comments or suggestions about the Site to us, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of us. No submission shall be subject to any obligation of confidence on the part of Moonstrive Media. We shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
 
 
If you have any questions, concerns, or complaints regarding these Terms, we encourage you to contact us under:
 
contact@moonstrivemedia.com
 
This document was last updated on March 08, 2024