Terms of Service

23rd December 2008

The Moderator Community is a website and online community owned and operated by Starfish Community Group S.L., Major de Sarria 11, 08017 Barcelona, Spain, and VAT number B-64614225, registered in the Barcelona Corporate Register at Volume 39.881 , Page 216 , Sheet B-355.300, Inscription 1st; hereinafter referred to as "The Moderator Community".

Throughout this document, The Moderator Community details the conditions for the provision of its Services to the User, who must access and use the Services in accordance with such conditions and any other particular conditions for specific services set out by The Moderator Community. We encourage you to review these conditions prior to using the services provided by The Moderator Community.

We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Services. If you do not agree to any of these terms or any future Terms of Services, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").

These are the terms and conditions (the "Conditions") which govern the access to and use by you (the "User") of the services of The Moderator Community as described on the website www.themoderatorcommunity.com (the "Website") from time to time, as well as all its products, content, free and pay services, including any software, content, information, or element whatsoever and any extension, update, upgrade or modification of any of them (collectively the "Services"). BY ACCESSING AND/OR USING THE SERVICE AND/OR COMPLETING THE REGISTRATION PROCESS YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THESE TERMS AND CONDITIONS, WITHOUT RESERVATION.

Access to the Services is strictly prohibited for those under the legal age in the relevant jurisdiction, unless the law permits access by minors who obtain the consent of their parents or legal guardians, in which case, access by minors will only be allowed with such consent. You hereby declare and guarantee that you are of the legal age and will not make any part of the Services available to anyone under the legal age in the relevant jurisdiction. If at any moment The Moderator Community reasonably suspects or has evidence that a person under the legal age has accessed, used or registered to use any of the services, The Moderator Community will immediately cancel such registration and prevent the use of the services by such person.

The Moderator Community provides Users Services enabling access to a rich collection of resources, including:

- a gateway to public and personalized content
- search services
- collaboration tools
- various communication tools

The Services also permit the User to be informed and contacted by The Moderator Community and/or other users or groups you are connected or linked to through the Services. In this respect, the User understands and expressly agrees that the Services include certain communications from The Moderator Community, such as service announcements, administrative messages and messages which may be directed from the User's communities or groups, and that these communications are considered part of The Moderator Community membership and the Services provision.

The User understands that The Moderator Community provides the User with a platform on which to access content and establish contact with other users and only provides those tools which allow the User to participate in such at your sole discretion. Since The Moderator Community offers some of the Services free of charge to the User, the User understands and agrees that the Services and the Website may include advertisements which are necessary for The Moderator Community to provide the Service.

Unless explicitly stated otherwise, any new features, content or services that improve or enhance the current services shall be subject to these conditions and the specific conditions as set out on the Website.

To benefit from full access to The Moderator Community’s range of Services you must register through the Website following the steps shown thereon and provide The Moderator Community with all required information. Once the registration process is fulfilled and after the
approval by The Moderator Community of User's membership, the User will become a member of The Moderator Community. By registering on the Website the User represents, warrants and undertakes that he/she will comply with the following:

I. The User warrants and represents that all of the data provided by the User for registration is true, accurate and complete. The User should, when appropriate, use the facilities provided on the Website in order to make any necessary change, amendment or update to the User's data.

II. The User shall not use pseudonyms or pen names with the exception of the "screen name" field.

III. The User warrants and represents that he or she is of legal age at the time of registration or that user has the necessary parental consents.

IV. Each User is entitled to register with The Moderator Community only once, and the User must establish only one (1) User profile.

V. It is impossible for The Moderator Community to determine with certainty whether any user registered with The Moderator Community is in fact the person he/she represents himself/herself to be (as well the correctness or validity of the information provided by such User). Therefore, The Moderator Community assumes no liability with respect to the real identity of a User. Each User is solely responsible for checking the actual identity and the correctness of the information provided by another User and/or uploaded in his/her profile. It is also impossible for The Moderator Community to check the correctness of the information provided by any of the online communities users, so The Moderator Community accepts no liability for any of such information.

IV. The User hereby accepts not to register and/or use the Website or the Services:

a. using the access data of another User, or impersonating any other person.

b. other than for personal, private use.

c. to defame, abuse, molest, harass, threaten or in any other way infringe any right of any other User or other person.

d. use the Services to communicate any information or content which infringes the rights of others, including but not limited to, because it is defamatory, aggressive, obscene, pornographic, offensive, violent or likely to incite violence, racist or xenophobic, or is illegal in any way, or because it is in breach of intellectual or industrial property rights, including any patents, trade marks, trade names, image rights, publicity rights or privacy rights.

e. to prevent or restrict the use of the Services by any other User.

f. to send any advertisement or commercial communication, whether solicited or otherwise, by any means (including without limitation by electronic mail, SMS or any other means of communication) to any User or any other party.

g. to breach any applicable regulations or for any unlawful purposes.

The User may end its membership and/or relationship with The Moderator Community for any reason by cancelling the Service or the membership (following the procedure described in the Website) at any time and stopping the access and use of the Services and the Website. The Moderator Community will delete User's member profile and the personal data included when appropriate in accordance with data protection and any other applicable regulations.

The Moderator Community reserves the right to modify, suspend, restrict or interrupt, temporarily or permanently, any User's access to or use of the Services or any part thereof, including the cancellation of any User's account or username and/or removal of the User's profile, with or without prior notice in particular but without limitation in the following situations:

a. User is in breach of these Conditions.
b. User does not respect other Users.
c. User misuses any part of the Services.
d. User is or appears to be under the legal age and does not have the necessary parental consent.
e. in the case of security failures or if any unauthorised access or use is detected.
f. Twelve months or more have passed since the User has logged onto or used any of the Services.

Cancellation of any Services or exclusion of the User from any Services will not give the affected User any right to any compensation or refund from The Moderator Community. Upon cancellation or expulsion from any Services, the User must immediately cease using the relevant Services and all parts thereof. Once the Services are cancelled, the User will no longer be able to access or retrieve any data stored on the Services.

The User shall choose a password upon registration and will receive the appropriate password and account designation upon completing the Service's registration process. The User is obliged to keep this password and any other access data secret and confidential. Each User is solely liable for the safekeeping and appropriate use of and all activity occurring under their username and password. The Moderator Community will not disclose the password to any third party or ask for the User's password at any time (so never provide it to any third party requesting it by e-mail).

The User agrees to (a) immediately notify The Moderator Community of any unauthorized use of his/her password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Moderator Community cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

For information about The Moderator Community ´s data protection practices, please read The Moderator Community ´s
Privacy Policy. This policy explains how The Moderator Community processes your personal information, and protects your privacy.

User's membership is solely for personal and individual use. User will not authorize others to use his/her account, profile, information or messages. User will be solely responsible for all use of the account including but not limited to content published, messages sent or posted, and interactions with other members, whether or not the User has authorized such activities.

To increase the effectiveness and success of the Services we strongly recommend including as much information as possible on the User's profile. Moreover, the accurate and up to date information is also important to permit the correct interaction between The Moderator Community Users. The User accepts to maintain the accuracy of his/her registration information and to keep all his/her account information confidential.

By using any of the Services or registering as a member, the User expressly permits The Moderator Community to permit other Users of the Services or the Website to access his or her profile. The Moderator Community will provide privacy options to each member enabling them to choose how much information they release and to whom they will release such information. The User accepts that the Services consist of contacting other people and being included in groups to interact with other User's and therefore assumes all the consequences arising out of such Services.

You can remove your personal profile at any time by deleting your account. This will also remove any text and images you have stored on the Service. If a member has made comments, added groups, participated in chat forums, etc., The Moderator Community may have the option to remove all of this content, however, it does so at its own discretion unless the user has the right to remove such content under applicable law.

a ) towards the User

To the maximum extent permitted by law, The Moderator Community hereby accepts no liability for any loss or damage (including without limitation any type of direct, indirect or consequential loss, loss of business, data, contracts or profits, loss or damage in relation to computer programs or equipment) arising out of the access to or use of or the inability to access or use the Services or any part thereof, however caused including without limitation by any absence of Users in the Services with the characteristics sought by User, the inaccuracy of any information contained in the Services or given by any User, contact with other Users, problems of connection to the Services, or communication of the User’s data to other Users. The Moderator Community is not liable for any possible damage to the image, standing or reputation of the User arising out of the content, publication or use of any profile, damage to feelings, emotions or physical injury arising out of any contact with another person, or for any failure by the User to make a back up copy of any data contained on their computer.
The Moderator Community accepts no liability for false or misleading declarations made by any person, or for consequences of meetings between any persons arising out of the use of any Services or the Website. It is imperative that Users verify personal information of all other persons to their own satisfaction before giving out personal contact details. Contact with any person that you do not know should always be treated with caution.

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

You understand and agree that the Services are provided "AS IS" and that The Moderator Community assumes no liability for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. User is responsible for obtaining access to the Services, and User is aware that such access may involve third-party fees (such as Internet service provider or other charges and expenses whatsoever). User will be responsible for those fees, and any other fees whatsoever necessary to enjoy The Moderator Community’s Services. In addition, User must provide and is responsible for all equipment necessary to access the Services.

Without limiting the foregoing, under no circumstances shall The Moderator Community be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

b) towards third parties

User agrees to indemnify and hold The Moderator Community and its affiliates, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of (i) content submitted, posted, transmitted, or made available through the Service by any User, (ii) User’s use of the Services, (iii) User’s connection to the Services, (iv) User’s breach or infringement of these Conditions or the Code of Conduct, or (v) User's infringement of any third party rights including but not limited to other's copyright or other intellectual property right.

User understands and accepts that all information which you may have access to as part of, or through your use of, the Services is the sole responsibility of the person from which such content is originated. He/She agrees that he/she is solely responsible for (and that The Moderator Community has no responsibility to him/her or to any third party for) any content that he/she creates, transmits or displays while using the Services and for the consequences of his/her actions (including any loss or damage which The Moderator Community may suffer) by doing so.

All the content, information, features of each part of the Website and Services, including but not limited to text, images, graphics, sounds, trade or service marks (whether registered, unregistered or in the process of registration), logos, colour combinations, or any other element, its structure, layout, selection, presentation and design, are owned by The Moderator Community or its licensors. All such information is referred to herein as the "Content".

The User should be aware that Content presented to him/her as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by The Moderator Community, the sponsors, the authors, licensors of The Moderator Community or advertisers who provide that Content to The Moderator Community (or by other persons or companies on their behalf). User may not modify, rent, lease, loan, sell, distribute, create derivative works based on this Content (either in whole or in part) or otherwise dispose of such Content unless User has been specifically authorized or instructed to do so by The Moderator Community or by the relevant owners of that Content, in a specific agreement.

The Moderator Community reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Services. User understands that by using the Services he/she may be exposed to Content that User may find offensive, indecent or objectionable and that, in this respect, the User uses the Services at his/her own risk.

Conditional upon the User's acceptance and continued respect of these Conditions, The Moderator Community gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Content provided to you by The Moderator Community as part of the Services. This licence is for the sole purpose of enabling you to use and enjoy the benefits of the Services as provided by The Moderator Community, in the manner permitted by these Conditions.

User may not (and may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Website, any software provided or the Content or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by The Moderator Community, in writing.

Unless The Moderator Community has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

User is the owner and holds all the rights to the information and or content submitted to The Moderator Community through the Website and the Services. By submitting, posting or displaying the content you give The Moderator Community a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such information and content on the Website or through the Services. This licence is for the sole purpose of enabling The Moderator Community to perform the Services provision and display, distribute and promote the Services.

User agrees that this licence includes the right for The Moderator Community to make such Content available to other companies, organisations or individuals with whom The Moderator Community has relationships for the provision of the Services (in particular online communities which the User is interested in participating through The Moderator Community Services), and to use such Content in connection with the provision of those Services.

User understands that The Moderator Community, in performing the required technical steps to provide the Services to its users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. User agrees that this licence shall permit The Moderator Community to take these actions.

User hereby warrants, represents and undertakes to The Moderator Community that you have all the rights, power and authority necessary to submit, post or otherwise make available the content and grant the above license.

User acknowledges and agrees that The Moderator Community (or The Moderator Community ´s licensors) own all legal right, title and interest in and to the Services and the Content, including any intellectual and industrial property rights. User further acknowledges that the Services may contain information which is designated confidential by The Moderator Community and that you shall not disclose such information without The Moderator Community ´s prior written consent.

Unless the User has agreed otherwise in writing with The Moderator Community, nothing in these Conditions gives the User a right to use any of The Moderator Community ´s and Linqia´s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. If User has been given an explicit right to use any of these brand features in a separate written agreement with The Moderator Community, then you agree that your use of such features shall be in compliance with that agreement. Unless the User has been expressly authorised to do so in writing by The Moderator Community, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

It is prohibited to modify, remove, suppress, or in any other way make inconspicuous the copyright, digital fingerprints, watermarks, identification labels, legal notices contained within the Content or other technical protection devices or data identifying The Moderator Community or its licensors rights in the Content, its files or its components. The copying, redistribution, use or publication by you of any such matters or any part of the Site , is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise infringed, please provide us written notice using our Contact Form or by sending a letter by post to Mayor de Sarria, 11, 08017 Barcelona, Spain.
We will review all claims of copyright infringement received and remove the Content deemed to have been posted or distributed in breach of any applicable laws.

To make a claim, please provide us with the following:
I. A description of the copyrighted work that you claim has been infringed;
II. Information sufficient to enable The Moderator Community to locate the allegedly infringing Content on the Service;
III. Your address, telephone number and email address;
IV. A statement by you that you have a good faith belief that the use of the Content is not authorized;
V. A statement by you that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
VI. The signature of the person authorized to act on behalf of the owner of the copyright interest.

Upon receipt of notice as described above, The Moderator Community will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Services or termination of the posting account.

User understands and agrees that the Services may include advertisements and commercial listings and that these are necessary for us to provide the Services. User will not obscure or alter them in any way and in particular from their general view via HTML/CSS or any other means.

By using the Services and by becoming a member, you acknowledge and expressly accept that we reserve the right to charge for the Services or any portion of the Services and have the right to terminate a membership for failure to pay for the Services. In any event, those paid Services conditions and fees will be made available to the User on the Website or, where appropriate (in consideration of the type of Services), requesting the acceptance of such Conditions to the User to enjoy such Services.

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.

The Moderator Community reserves the right to modify the Services offered through the Website and/or to offer services different from those offered at the time of the User's registration at any time. The Moderator Community will inform the User of such updates, improvements and/or new services by placing a statement on the Website. These Conditions will apply automatically to any new Services or to any modification of such.

The Moderator Community reserves the right to update or revise these Conditions without prior notice to the User, for legal reasons or due to changes in the Services. The most recent version of these Conditions will always be available on the Website. If these Conditions are changed, the User may cancel the Services at any time if not in agreement with the new Conditions. Continued use of the Services or any part thereof on the part of the User after the entry into effect of new Conditions will signify the User's acceptance of the same.

User understands that we are continuously developing the features and the functionality of the Services and the Software. Consequently, we also reserve the right to modify these Conditions at any time in our sole discretion. User agrees that such alteration shall be effective upon posting on the Website and you will be bound to any alterations when you uses the Services after such alteration is posted. It is therefore important that you review these Conditions regularly on the Website to ensure you are updated regarding any alterations. User’s sole remedy should you not agree with the altered Conditions shall be to close your account and to cease using the Services.

As a consequence of the global nature of the Internet, User agrees to comply with all local rules and laws applicable in respect of User’s conduct on the Internet and acceptable content. Specifically, User agrees to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from Spain or the country which User accesses the Services from.

Except for copyright infringement notices as set forth in section "Copyright, Trademarks, and Proprietary Rights" above, any notice from User to The Moderator Community must be send using our contact form or by post to Starfish Community Group, S.L. Major de Sarria 11, 08017 Barcelona, Spain.

There may be other information regarding the Services that the law requires us to send to the User. User consents to The Moderator Community ´s sending this information in electronic form to the e-mail address introduced in the User profile on the Website.

User should ensure that your e-mail address is valid and up to date to receive such information. We may also provide required information to the User access to www.themoderatorcommunity.com or another website designated in an email notice or generally designated in advance for this purpose. Notices provided to the User via email will be deemed given and received on the transmission date.

The Website may contain information links, whether in textual or graphical format, to third parties' content, services, pages and/or websites which are not controlled by The Moderator Community, and The Moderator Community therefore accepts no liability for said content, services, pages and/or websites or the conditions applicable and does not assume any obligation to verify or supervise the same.

Likewise, the insertion of such links does not signify that The Moderator Community is aware of, shares, endorses and/or promotes third parties content, services, pages and/or websites.

The Moderator Community reserves the right to monitor your communications and may disclose content and information about you, including contents of communications, if we are required legally and/or deem it's reasonably necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with these Conditions including maintaining the Services; or (3) protect the rights, property, personal safety or interests of The Moderator Community, its employees, its customers, or the public.

User understands and agrees that these Conditions and any notices given pursuant to these Conditions are enforceable in electronic format. The specific set of Conditions relating to each User's contract for the Services will not be stored individually.

The Conditions constitute the complete agreement between The Moderator Community and the User and supersede any prior oral or written agreement or understanding relating thereto between the User and The Moderator Community.

These Conditions shall be governed by and construed in accordance with the law of the domicile of The Moderator Community (Starfish Community Group S.L., Barcelona, Spain), without prejudice to the mandatory rules of the courts hearing the matter as well as mandatory consumer protection rules except for any content rights licence, which shall be governed by and construed in accordance with the law of the domicile of The Moderator Community in any case. If the User is not a consumer or even if a consumer then, to the extent permitted by the applicable law, the jurisdiction in respect of any dispute arising out of these Conditions shall be the courts of Barcelona, Spain. In the event that the User is a consumer, in respect of any such dispute, The Moderator Community will submit to the jurisdiction as required by the laws applicable to the consumer.

Should any part of these Conditions be or be found to be invalid, illegal or unenforceable, this shall in no way affect the validity of the remaining parts.

The Moderator Community ´s failure to act or enforce any provision in respect to these Conditions or a breach thereof shall not constitute a waiver of such provision.

The Moderator Community will have the right to assign these Conditions and rights and delegate its duties in connection with a merger, reorganization, or sale of substantially all of its assets. These Conditions will bind successors and permitted assigns.

User shall not assign these Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

If you have questions, queries or suggestions, or would like to review your personal information stored by us, please contact us using our Contact Form or you can reach us by post at:

Starfish Community Group S.L.
Major de Sarria 11
08017 Barcelona
Spain