Last revision: May 29, 2013
This agreement was originally written in Spanish (Spain). In the event that any translated version of this agreement conflicts with the Spanish version, the Spanish version is the correct version.
This Declaration of Responsibilities and Rights governs the relationship between Moodyo Enterprises and its users and all others who interact with our services. The individuals who access and use Moodyo are agreeing to and accept our terms of service.
The present document regulates the access and use of service of website www.moodyo.com whose ownership pertains to Moodyo Enterprise SL with Business ID (CIF) b-91940320 and the following data to be registered to all effects:
The association was defined by an indefinite period of time in writing granted in Seville on April 21st, 2006, in Seville before notary Don Pedro Antonio Romero Candau. It is published in the Mercantile Registry of Seville on sheet 89, part 4.406 of the General Section; page SE-67.873 first Inscription.
C/ Leopoldo Alas Clarín, 160 41704 Dos Hermanas (Sevilla)
Moodyo is a registered trademark of the European Union and the United States.
Moodyo has a system designed for you to be able to control the personal data shown to other individuals. These individuals could be people inside and out of your contact list, and they would be able to interact with the provided information you wish to share with them, depending on the privacy customized settings you select.
The published data and information provided by Moodyo’s registered users (Registered Users) would continue to be under their control, in agreement with the following conditions:
The present General Conditions of use are regulated by Spanish law. The parties are subjected to, for the resolution of conflicts and have jurisdiction over any other renunciation, to the courts and Supreme Court of the city of Seville, except in the case of consumers, where the same jurisdiction is applied. Additionally, as an entity that adheres to ONLINE TRUST in the terms of its Ethic Code, in the event of controversies relative to contracted only advertising, data protection, protection of minors and accessibility, the user will be able to resort to the resolution system out-of-court regarding controversies of ONLINE TRUST (www.confianzaonline.es).
Our team works on a daily basis to assure that Moodyo is a secure platform, respecting the data protection of the Registered Users. However, as is the case of any other social network, data protection is not guaranteed all the time. In order to follow through with data protection, the Registered Users understand that the following is absolutely prohibited:
The Registered Users will provide us with their real name and information. If you select a username for your account, Moodyo Enterprises S.L. will maintain the right to claim such username if it is considered necessary (like when a trademarked brand enforcement has been requested by their rightful owner that is not associated in any way by the user’s real name). To maintain such collaborating spirit, the Registered Users would complete their profiles with precise and updated information, and they understand that is completely forbidden to:
In Moodyo, we respect the rights and space of other individuals and we expect all the Registered Users to do the same. Any content or information can be deleted by Moodyo if it commits any violation of the terms of service and conditions.
If we have eliminated any content of your account that has been a mistake to your understanding, you have the right to request rectification sending an e-mail to email@example.com. In order to maintain and respect this point, the Registered Users understand that the following is completely forbidden:
The access to mobile applications and to the Moodyo website is free. On the other hand, Moodyo is not responsible of your carrier’s normal rates and fees, such as text messaging fees that will still apply depending on your carrier’s plans and use conditions.
Moodyo facilitates the purchasing process through three different channels:
A) The selling of products to our clients that completed directly through our platform, and that are regulated the purchase conditions that are accepted by the user at the time of purchase and that can be consulted from here.
B) The selling of products through affiliate programs, and all purchase management to be carried out in the affiliate sites.
C) The purchase of goods through a third-party with links on Moodyo, and those of which Moodyo will take responsibility.
Moodyo updates the prices daily of the listed products in our database (customized entries do not apply), always when technically possible. Moodyo is not responsible for the final price or the possible difference that may exist between the displayed price in Moodyo and the final one shown by third-party vendors or services.
Moodyo also updates the currency exchange rates daily based on the provided information by the European Central Bank..
Moodyo is not responsible in any event for the process of the purchase of a select product or service in terms of the final result and any possible taxes and customs costs that could be charged in the shipping process except in the event of products sold directly from Moodyo’s platform, that go by the aforementioned regulations and conditions.Therefore, by signing up on Moodyo, you agree to the following terms regarding vendors who are not affiliates of Moodyo:
- The product or service you are seeking might not be found in our catalogues (for product or store suggestions, please write us at firstname.lastname@example.org, or in the event you want to include your products in moodyo, write us at email@example.com).
- Moodyo is not responsible in any way, for possible problems that could result between the third-party vendor.
- Moodyo does not offer any form of guarantee on any product or service that a user acquires by a third-party source.
- The prices shown in the search results in Moodyo do not include, in any case, shipping costs, nor any other cost that the final vendor may charge the user. The user will not be allowed in any case to charge Moodyo for any cost related to the purchase.
- Moodyo is not responsible in any event for any cost associated with shipping or the manipulation of a product or selected service, or any other cost associated with customs.
- Moodyo does not offer any kind of intermediation between the user and the store. Any dispute or situation with the sale should be handled by the two parties without the participation of Moodyo.
- Moodyo is not responsible for any possible damage the product could suffer while being transported to the final destination purchased by the user.
- Moodyo offers discounts in relation to distinct or integrated products that can be found in the social network, with the commitment that the products will have the highest accuracy and validity possible. However, in the event that these products are no longer operative, the company will not be responsible for those that are outside of the business itself and depend exclusively on original vendors, in which case the only role that Moodyo has in this respect is the intermediary between the vendor and the final user.
If any infringement of any term on this Agreement has been made, we have the right of the immediate cancelation of the account without any prior notice. It is part of Moodyo’s policy to maintain the Registered Users informed of any changes of the service that could alternate their using habits in Moodyo, and we have the right to cease our activities at any time without any responsibility toward the content stored in our system.
In order to enable navigation through the social shopping platform, Moodyo, it is essential to be a registered user and to accept the present privacy regulations that will be elaborated in the following paragraphs.
Upon signing up, the user accepts that Moodyo stores and handles personal data that is facilitated, only to be used for purposes of the social network.
In any case, the USER is informed that the handling of the data is carried out with the following purposes:
- Vigilance and safeguarding of compliance of adequate conduct and ethics on behalf of the users.
- Execution of statistics and studies and internal history on the web.
- Execution of communication of interest for users provided they have solicited this service.
- Remittance of electronic communications to those USERS who have previously subscribed to one or more of these services (RSS, MAIL, TWITTER, FACEBOOK, TUENTI etc.).
All users that establish some form of communication, whether by forms on the website or through an alternative medium, should be informed that their data can be collected to be managed as part of the Moodyo website.
Moodyo Enterprises S.L. is open to receiving any idea, suggestion, or criticism about Moodyo. However, there will be no obligation of compensation of any type through the use of suggestions and ideas voluntarily offered to our entity or any member of our team.
B. Transferring of Data
All data collected by Moodyo under no circumstances will be provided to third party companies except:
- By previous request by way of the portal the interested party and that approval is expressed either by individual or generic application.
- When referring to contemplated exceptions by the Organic Law of Personal Data Protection.
- Through contracting third-party companies for analysis services, with statistical purposes and improvement of service. At present, these services are managed by Google Analytics, a web analytics service provided by Google, Inc., a company from Delaware whose principal office is located at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, US ("Google"), of which in order to carry out these services, will install Cookies in users' PCs with the same functions as aforementioned, of which can be directly opposed from the oppositions of the each individual's web browser. Google Analytics is positioned within the Safe Harbour protocol, thus containing adequate measures and standards of security necessary to carry out these functions.
In the event that it is solicited, Moodyo can geolocate your position to facilitate information about locales near your actual location so that Moodyo can access the information in real time in accordance with your position through the platform, the web page, or mobile applications made possible by the IP terminal, through GPRS or any other authorized mobile technology that allows this. The information will not be published unless you accept to share it with the rest of the Registered Users. It will come disabled by default and you will be able to modify this feature at any moment in the web settings.
By activating this option, you authorize the storage of this geolocation data on behalf of Moodyo associated with your user in order to offer you related information.
The geolocalization data will in no way be handled as identifiable from your user profile, rather declared as anonymous as soon as they are registered to all effects.
D. Uso de cookies
- Upon starting session (jsessionid) to know that the session has begun.
- From Google Analytics (utmb, utmc, utma, and utmz) to get to know the statistics of general use in Moodyo.
- Language preference (lang) to remember the language with the browser that is used to navigate Moodyo
- User preference referring to “permanent session” (rmbrme) to maintain the user session open if the user opts for this feature.
However, aside from the aforementinoed text, in the event you do not want the cookies to be installed, you can block this action or uninstall them from your Internet Browaer.
E. Data Quality
The Moodyo website communicates the obligation to its users to provide accurate data, which is then managed in a file referred to as Users. This data should be adequate, pertinent, updated, exact and true.
Excluding from the web all negative consequences derived from inaccuracy.
In turn, the users are to be informed of the impossibility of registering or communicating data from third parties in their name, by way of the stipulated forms of communication except in the event that legal representation has been constituted.
F. Rights of Access, opposition, rectification and cancelation of data
In accordance with the Organic Law of Data Protection and its regulations of development, all users that have facilitated data to Moodyo can exercise the following rights:
- Opposition. The exercising of these rights should be carried out through communication directed at Moodyo, by postal mail, indicated above, or by the email made available to all users for this purpose (firstname.lastname@example.org), notwithstanding the use of any other means of valid communication by law, that allows for the valid and legal compliance of the requirements.
Article 25 of the Regulations of development of the Organic Law of Protection of Personal Data, sets the generic content requirements for the exercising of rights, which are as follows:
- First name and last name of the interested party; copy of ID, passport or similar, and if applicable, data of representative.
- Object of the petition.
- Address to receive notifications, and date and signature of the applicants.
- Supporting documents corresponding to the formulated petition in the event that it is deemed necessary or convenient.
G. Communication to the Spanish Agency of Data Protection
The data that is contributed to the web is included in our files registered under the Spanish Agency of Data Protection (referred to in Spanish as AEPD). The AEPD is organization in charge of controlling the compliance of privacy and data protection laws to guarantee the privacy and security all personal data in general, especially on the internet.
H. Useful Links
If you would like to learn more on internet and your privacy rights in Moodyo, we recommend that you visit the following links:
Internet Security Office: http://www.osi.es
Spanish Data Protection Agency: http://www.agpd.es
The legal activity of the user on the Moodyo network implies a series of rewards and compensations. These rewards are articulated through a points system. They are referred to as “Mooneys”. Every time the user performs a certain action, they receive -with certain limitations- a determined amount of Mooneys.
If it is detected that a user has committed fraud while obtaining Mooneys, it will be sanctioned with the elimination of all Mooneys in possession at that time.
Activities considered fraud: creation of multiple users by one physical or legal person with the objective of obtaining more Mooneys, performing actions against the Moodyo IT system so that the personal points system of the user is altered, performing repetitive actions without the final goal of collaborating with the community with the only objective being to obtain more Mooneys.
Notwithstanding the aforementioned, any other activity will be considered fraudulent by the Moodyo team that is not considered to be an adequate use of the system.