Terms of Use

 

INTRODUCTION

The Website www.choosethemoon.com (“Website”) and the CHOOSETHEMOON trademark are the property of Quality Touch (“We”). It is totally forbidden to use our brand without our approval. All content, services or software included on the Website are the property of Quality Touch and / or we are fully authorized to exploit them commercially.

Use or contracting of any service provided by the Website or simply access to its content gives “User” the status of “User” of the Website. The “User” of the Website must read the Terms of Use and Privacy Policy before accessing or using this Website and before contracting our services.

The Terms of Use of the Website apply to all “Users”, define the terms of use of the Website, and make an agreement between us and “User”.

We provide a set of online services subject to these Terms of Use. By using the Website or contacting the services, you agree to be legally responsible for these Terms of Use.

If you hire other specific services, additional rules may apply to you. Before completing any hiring process with us you should read all the pre-contractual information given to you.

To clarify any matter related to the Terms of Use, “Users” should contact us through the Contacts page on the Website.

 

DEFINITIONS AND RULES

Website Service - Website spaces for public display of “User” Advertisement (s), News and Advertising to reveal and promote your articles, establishments and services during the agreed periods. We have no responsibility for the results obtained by the “User” with the contracted service.

User - Single or a corporate person who uses or hires any service provided by the Website or simply accesses its content and accepts the Terms of Use and Privacy Policy.

Advertiser - Single or a corporate person, with full legal capacity to post “Ads” of articles and establishments and make transactions related to them.

Partner - Single or a corporate person, with full legal capacity to accept and comply with the terms of the Partnership with us, perform the service presented in the Ad and enter into the transactions relating to it and comply with the payment of agreed commissions.

Advertising and News Agent - Single or a corporate person, with full legal capacity to post Ads or “Paid News” on the Website or Social Networks.

Homepage - Homepage and main page of the Website.

Segments - The Website is organized by groups of “Categories”. The “Shopping” section has “Categories” with articles for sale. The “Lifestyle” section has “Categories” where you can book services at establishments. The “Services” section has Ads for services that may be awarded.

Categories - Ads are grouped by themes. These are pages of the Website specializing in articles, establishments or services.

Ad Pack - Designation for one or more “Advertiser” or “Partner” Ads displayed on the Website during the same period.

Shopping Ad - Website Space for the “Advertiser” to advertise their article during the agreed period. The marketing of the article is the total and exclusive responsibility of the “Advertiser”. The Ad and its contents are the sole and exclusive responsibility of the “Advertiser”, even if there is our collaboration in the edition. We have every right to carry out marketing and advertising actions with the objective of disseminating the “Shopping Ads” without having to give knowledge or justification to the “Advertiser” and without having to give authorization.

Lifestyle Ad - Website Space for the “Partner” to promote their establishment and obtain reservations for the services presented. For reservations, commissions are charged to the “Partner” according to the agreed terms. The service is the total and exclusive responsibility of the "Partner". The Ad and its contents are the total and exclusive responsibility of the "Partner", even if there is our collaboration in the edition. We have every right to carry out marketing and advertising actions with the objective of disseminating the “Lifestyle Ads” without having to give knowledge or justification to the “Partner” and without the latter having to give authorization.

Services Ad - Website Space to provide services provided by "Partners". For the award of services, we are charged commissions to the "Partner" according to the agreed terms. The service is the total and exclusive responsibility of the "Partner". We have every right to carry out marketing and advertising actions with the aim of disseminating the “Service Ads” without having to give knowledge or justification to the “Partner” and without the latter having to give authorization.

Display Order of Ads - Ads can be “Elite”, “Prestige” and “Premium” and this defines the hierarchical order in which they appear on the “Homepage”, in the “Category” and in the search results. The “Advertiser” or the “Partner”, in compliance with the established agreement, is the one who chooses the order of their Ads. If the latter does not define the said order or if there is no agreement for that purpose, we are completely free to define and change it without having to give knowledge or justification and without having to give authorization.

We have no responsibility for any reason that prevents hierarchical compliance with the defined order. The agreed order must always be verified by the "Advertiser" or "Partner".

We are not responsible for any consequences that may occur from the “Order of Exhibition of Ads”.

Premium Ad - Ad Display on “Homepage”, “Category” and Search Results after “Elite” and “Prestige” Ads. Maintaining the order of exposure, there is a display turnover between “Premium” Ads.

Prestige Ad - Ad Display on “Homepage”, “Category” and search results after “Elite” Ads. Keeping the display order, there is a display turnover between the Prestige Ads.

Elite Ad - Ad Display on the “Homepage”, “Category” and search results always on the front pages and in front of the “Premium” and “Prestige” Ads. Keeping the display order, there is a display turnover between the “Elite” Ads.

Ad Editing - The “Advertiser” or “Partner” is responsible for editing the Ad and is solely responsible for the content displayed. Depending on the agreement established, always with no deadline and no responsibility for the supply of content, we can help the “Advertiser” or the “Partner” in the edition, being responsible for the final verification and monitoring of the Ad during the agreed period.

Ad Map - A map with the location of the “Advertiser” or the “Partner” or the advertised article or establishment is placed in the Ad. We have no responsibility for any consequences that may arise from the accuracy or inaccuracy of the location shown on the map or even from its presence or lack of it in the Ad.

Direct Contacts - All Ads that have an associated contact form allow direct contact by email between the "User" and the "Advertiser". We have no responsibility for the contacts made. Emails are automatically archived without any intervention from us. We are not responsible for the file and they are periodically deleted.

Direct Booking Requests - All Ads that have an associated booking request form allow direct contact by email between the "User" and the "Partner". We have no responsibility for any booking requests made. Emails are automatically archived without any intervention from us. We are not responsible for the file and they are periodically deleted.

Direct Reservations - All Ads that have an associated reservation button allow the "User" to have direct access to the reservation system managed by third party. We have no responsibility for the reservations made. Reservations can be tracked by us and your record filed. We are not responsible for the file and they are periodically deleted.

Ad and Logos Highlights - Featured exhibition on the "Advertisers" and "Partner" Ads and Logos Website pages. The exhibition will be for an agreed period and must always be verified by the “Advertiser” or “Partner”. Featured Ads have an exposure order in front of "Elite, Prestige and Premium Ads".

We have no responsibility for any consequences that may arise from the presence or lack thereof in the Featured Ad or Logo.

We have every right to insert, edit and place or remove a Featured Ad or Logo (present or that has already been present on the Website) in cases without agreement. In these cases, it is not necessary to give knowledge or justification to the “Advertiser” or “Partner”.

Homepage Ad Highlight - Exposure of the Ad on the "Homepage" in the space for its Category. The Featured Ad has the same presentation as the other Ads. Exhibition is on a rotation system with other Ads.

Category Ad Bottom Highlight - Ad Display in the “Category” at the top of the Ads list. The Featured Ad has the same presentation as the other Ads. Exhibition is on a rotation system with other Ads.

Category Ad Top Highlight - Ad Exposure in the “Category” on the top slide. Exposure is in order of insertion if there are more featured ads.

Homepage Logo Spotlight - The image of the “Advertiser” or “Partner” brand logo is presented in black and white on the “Homepage” in the space entitled: “featured companies in choosethemoon”. It is not possible to impose a display order of logos.

Category Logo Spotlight - The image of the “Advertiser” or “Partner” brand logo is presented in black and white on the “Category” pages in the space entitled: “featured companies in this category”. It is not possible to impose a display order of logos.

Backoffice Access - If you request, the "Advertiser" or "Partner" has direct and personalized access to the Backoffice, where you can edit your access and Ads.

Advertiser Page - Pages on the Website with only content associated with the “Advertiser”. On these pages is a display text, contacts, and all of your Ads. The "Advertiser" page only applies when there is agreement.

Advertiser or Partner Profile - After agreement with the “Advertiser” or “Partner”, we create your profile in the Backoffice. This profile gathers all the information provided by him necessary for his presence and his Ads on the Website.

Quality Seller - Signage, placed next to the information of the Ad and the “Advertiser” or “Partner”, with the following caption: “This “Advertiser” or “Partner” is committed to providing a positive experience to Customers, due to the excellence of services and good value for money. This “Advertiser” or “Partner” may be paying to have this rating.” If this signage is not part of the agreement, the “Advertiser” can request an agreement for that purpose. We have every right to add or remove the signage in cases where there is no agreement for that purpose. We have no responsibility for any and all consequences that may arise from said signaling or the lack of it.

Member Since - It is information that explains the “User” of the Website for how long the “Advertiser” or “Partner” has been present on the Website. This information is always present and associated with the “Advertiser” or “Partner” and is based on our records. We have no responsibility for any and all consequences that may arise from said information or the lack of it.

Advertising - The Website has spaces for “Advertising Ads”. These spaces may have Ads selected and placed by us or Ads suggested and placed autonomously by others.

Display of the Suggested Advertisements is based on what we consider to be of most interest to the “User”, but we have no control over what is posted. We have no responsibility for any consequences that may result from the display or lack of suggested Ads.

The content of the selected Advertising is the sole responsibility of the “Advertising Agent” who requests its publication. The “Advertising Agent” must accept the Terms of Use of the Website and have all rights to the content displayed and the consent of the owner, and it is not up to us to confirm.

The “User” accepts the presence of the “Advertising” on all pages of the Website and may not request it removed.

The “Advertising Agent” may request publication on the associated Social Networks. Exposure of “Advertising” on the Website and Social Networks will be based on agreed terms and must always be verified by the “Advertising Agent”.

News - The Website has spaces for “News”. In these spaces there are “News Created” and edited by us and “Paid News”. All “News” is displayed on the Blog pages and on the associated Tags and Category pages.

The content of “Paid News” is the responsibility of the “News Agent” who requests its publication. The "News Agent" must accept the Terms of Use of the Website and have all rights to the content displayed and the consent of the owner, and it is not up to us to confirm it.

The "User" accepts the presence of the "News" on all pages of the Website and may not request it removed.

The “News Agent” may request publication on the associated Social Networks. The exposure of the "News" on the Website and on Social Networks will be based on the agreed terms and must always be verified by the "News Agent".

 

USE OF THE WEBSITE

The “User” of the Website, when using the Website, declares their agreement to and accept the Terms of Use and Privacy Policy. If you do not accept the Terms of Use and Privacy Policy use of the Website is not permitted, nor may you request to hire our services.

These Terms of Use and Privacy Policy set forth the agreement between us and the “User” of the Website regarding your use of the Website and replace all previous agreements.

 

CHANGE OF TERMS OF USE

When “User” uses the Website or engages our services, should read the Terms of Use and Privacy Policy. 

The Terms of Use may be changed at any time and without notice. Changes will be effective immediately upon posting. Changes are considered accepted if you continue to use and contract our services.

We have the right to modify, suspend or discontinue all or part of the Services at any time for each “User” of the Website, with or without notice. We will not be liable to the “User” of the Website or any other if we exercise this right.

 

DESCRIPTION OF SERVICES

The Website and the CHOOSETHEMOON brand are online platforms to publish articles, establishments, services, news and advertising.

After payment of the price established in the agreement, we provide spaces for the placement and public display of the Ads related to the “Categories” grouped by “Segments”.

Shopping Ad - After payment, a space is made available on the Website for the “Advertiser” to announce his article during the agreed period. The commercialization of the article is the total and exclusive responsibility of the “Advertiser”. The Ad and its contents are the sole and exclusive responsibility of the “Advertiser”, even if there is our collaboration in the edition. We have every right to carry out marketing and advertising actions with the objective of disseminating the “Shopping Ads” without having to give knowledge or justification to the “Advertiser” and without having to give authorization.

Lifestyle Ad - After payment, a space on the Website is made available for the "Partner" to promote his establishment and obtain reservations for the services presented. For reservations, commissions are charged to the “Partner” according to the agreed terms. The service is the total and exclusive responsibility of the "Partner". The Ad and its contents are the total and exclusive responsibility of the "Partner", even if there is our collaboration in the edition. We have every right to carry out marketing and advertising actions with the objective of disseminating the “Lifestyle Ads” without having to give knowledge or justification to the “Partner” and without the latter having to give authorization.

Services Ad - After payment, the services provided by "Partners" are presented in a space on the Website. For the award of services, we are charged commissions to the "Partner" according to the agreed terms. The service is the total and exclusive responsibility of the "Partner". We have every right to carry out marketing and advertising actions with the aim of disseminating the “Service Ads” without having to give knowledge or justification to the “Partner” and without the latter having to give authorization.

After payment of the price established in the agreement with the “Advertising or News Agent”, we provide spaces for the placement and public display of “Advertising” or “News” on the Website or on the associated Social Networks.

 

TERMS OF WEBSITE ACCESS

The Website and all associated uses and services may only be used by individuals or legal entities with full legal capacity. Use of the Website by anyone under 18 is prohibited.

We do not verify the legal capacity and age of the “Users” of the Website. We are not responsible for any consequences resulting from the lack of legal capacity or under the age of 18 of the “Users” of the Website.

Following our policy and without notice, we reserve the right to suspend or close access to our Services and the Website to any “User” of the Website.

Access to the Website requires a device with an Internet connection to ensure the sharing of the digital content of the Website, the "Users" being responsible for ensuring that their computer systems have the technical conditions necessary for accessing and using the Website.

After payment, and whenever requested, the “Advertiser” or “Partner” becomes the holder of an access code to their area in the Backofice (login and password), with personal and non-transferable access. The “Advertiser” or “Partner” is solely responsible for the actions taken with his registration.

At any time, we may cancel or eliminate, temporarily or permanently, the access of the “Advertiser” or “Partner” if he: does not comply with these Terms and Conditions, assign his contractual position to third parties without our prior written authorization and / or act in such a way as to cause losses for us and / or for other "Users".

The “Advertiser” or “Partner” may request, at any time, the cancellation of your access to the Website, however, this does not give you the right to a refund of the amounts already paid for the use of a previously contracted Service.

 

PAYMENT

The use is free for "Users" who access and use the Website. The “Users” who contract our services are subject to the agreed payment. 

Shopping Ad - Your stay on the Website is dependent on the prepayment by the “Advertiser” of the agreed value (s).

Lifestyle Ad - Your stay on the Website is dependent on the pre-payment by the "Partner" of the agreed amount (s) and the mandatory payment, by him, of the agreed commission. In case the Partner does not pay the commission within the established period, the Announcement of your establishment will be inactive and implies the annulment of all the commitments assumed and the loss of all amounts to date. The "Partner" has the duty to inform via email until the last day foreseen in the reservation that the reservation has not been made or that the conditions change. The "Partner" always has the duty to provide reliable information about the reservations initiated on our Website. If it is found that the information provided does not correspond to the facts that occurred, the Announcement of your establishment will be inactive and implies the annulment of all commitments assumed and the loss of all amounts made to date.

Services Ad - The permanence of the "Partner" services on the Website is dependent on the prepayment, by this, of the agreed amount (s) and the mandatory payment of the agreed commission. If the Partner does not pay the commission within the established period, the award of the services it develops is unavailable on the Website and implies the annulment of all commitments assumed and the loss of all amounts made to date. The "Partner" has the duty to inform via email until the last day foreseen in the award of the service that it has not been carried out or that the conditions change. The "Partner" always has the duty to provide reliable information about the service awards initiated by our Website. If it is found that the information provided does not correspond to the facts that occurred, the award of the services it develops is unavailable on the Website and implies the annulment of all commitments assumed and the loss of all amounts made to date.

The placement of the "Shopping or Lifestyle Ad" in "Highlight" is dependent on the prepayment by the "Advertiser" or "Partner" of the agreed amount.

The placement of the “Quality Seller” signage, along with the information from the Ad and the “Advertiser” or “Partner”, is dependent on prepayment for the same amount as agreed.

Prepayment does not apply when the presence of the signage is already included in the agreement for the presence of the Ads or when the presence is on our initiative. The placement of “News” or “Advertising” on the Website and associated Social Networks is dependent on the pre-payment by the “Advertising and News Agent” of the agreed value. Before making any commitment to us, the "User" must carefully read the Terms of Use and the Price List presented, with prices and conditions.

We do not assume any responsibility or consequence for the result of the presence on the Website and we do not refund the amounts received.

To the values presented in the Price List, the value of VAT is added to the legal rate in force. In all such cases, the payment method is always defined by us.

 

CONTENTS

We are the owners of the intellectual property rights associated with the Website and the content published on the Website and, in those cases where we are not the owners, we have a license to use it. These contents are protected by intellectual property laws and are reserved.

The “Advertiser” and the “Partner” when sending content (text, images, videos, logos...) to us, are giving the right and the non-exclusive, perpetual, irrevocable and free license to use, reproduce, distribute, modify and edit that content. We do not pay any compensation for such content and reserve the right, at our discretion, to remove or change it at any time.

All content associated with “Ads”, “Advertisers” and “Partners” may be used by us, for example in marketing and advertising, news, social networks… “Advertiser” and “Partner” declare and guarantee that they have all the rights necessary to secure this right to us.

The "User" may not, under any circumstances, use, for any purpose, the personal data of the "Advertisers" or "Partners" found on the Website.

The "User" may not use all or parts of the Website for commercial purposes without our express authorization.

If the “User” uses the Website in violation of the Terms of Use, his right to use the Website will cease immediately. In this case, it is mandatory that you destroy or deliver content used in violation of the Terms of Use.

Although we endeavor to permanently update the information on the Website, we cannot guarantee and do not guarantee that the contents of the Website are accurate, complete or up to date.

All content present in the "Shopping or Lifestyle Ad" is the sole responsibility of the "Advertiser" or "Partner", and the "User" must confirm the same before making any commitment. The “Advertiser” or the “Partner” must retain all rights in the content presented and the consent of the owner, and it is not up to us to confirm it. We do not control and are not responsible for the content shown in the Ad, so the "User" may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.

The Website may contain links, resources and functions that may link to or provide to the “User” access to content from others (for example, other Websites) that are completely independent of us. If the “User” connects to other Websites it is at your own risk. We expressly state that we assume no responsibility of any kind for other Websites.

 

SHOPPING ADS AND ADVERTISERS

The Ad, from the "Shopping" segment, is an advertising space made available on the Website for "Advertisers" to publish an article.

The Ad is edited by the “Advertiser”, who has direct and personalized access to the Backoffice of his access profile and of his Ads.

In cases where we assist in editing the Ads (without any commitment), the “Advertiser” is obliged to always check all content. The content of the Ad is the sole responsibility of the "Advertiser". The “Advertiser” must retain all rights in the content presented and the consent of the owner, and it is not up to us to confirm it.

It is not allowed to advertise any type of content that in any way violates the legal, social welfare, third party rights or that contains particularly:

a) False or dubious information;
b) "Advertising" services that compete or not with the Website, in particular, placement of means of contact (email, link / URL, telephone number, social media page) in the title, description or photographs associated with the Ad;
c) Indication of the commercialization value of the service at the establishment in the title and description of the Ad;
d) Photographs of the establishment without quality / definition and with any graphic or text addition.

We validate the Ads after the “Advertiser” has finished editing. This validation is only in the initial phase and serves to confirm that the Ad has been well edited and to verify that it meets the Website qualitative and editorial standards. Only after validation do the Ads go online. We do not verify the legality and / or veracity of the Ads and the “Advertisers”; we do not influence, verify, guarantee or validate the content of the Ad made available on the Website; we do not guarantee the quality, veracity, accuracy, security and / or legality of the Ads, the ability of the “Advertiser”, the ability of the “User” and / or the completion of commercial transactions.

At any time we have the right (but not the obligation) to refuse, withdraw, suspend and change the Ad or part of it for violating the Terms of Use or the Privacy Policy, impairing the normal functioning of the Website, order, direction or standard issued by a Public Authority or any other justified reason without prior notice to the “Advertiser”. In the circumstances mentioned above, the “Advertiser” is not entitled to a refund of any amount paid.

All contact details of the Ads are direct to the “Advertiser”. We have no responsibility for the contacts and agreements established between "Users" and "Advertisers". We do not assume any intervention in the communications and interactions that may be carried out between the “Advertiser” and the “User” and we do not participate in the transactions carried out between them, nor do we serve as an intermediary, mediator and / or legal representative of any of the parties involved in the transaction. "Users" and "Advertisers" must always make sure of all conditions before any agreement. We have no responsibility for any consequences resulting from the published Ad or for any interruption on the Website.

The presence of the Ads on the Website presupposes the prior payment by the “Advertiser” of an amount previously agreed. In cases of staggered payments, failure to pay implies an immediate breach of the agreement and the non-presentation of the Ad on the Website.

By sending content (text, images, videos, logos...) to us or by authorizing its withdrawal from your Website, the “Advertiser” is givingthe right and non-exclusive, perpetual, irrevocable and free license to use, reproduce, distribute, modify and edit this content. We do not pay any compensation for such content and reserve the right, at our discretion, to remove or change it at any time.

All content associated with the “Advertiser” can be used by us, for example, in marketing and advertising actions, in news, on social networks ... The "Partner" declares and guarantees that it has all the necessary rights to ensure this right.

During the agreed presence period, the “Advertiser” has access to the Backoffice and has full autonomy to edit the Ad and to place it inactive (with no visible presence on the Website). The “Advertiser” undertakes not to make changes that alter the initial validation. The “Advertiser” cannot, without our consent, delete the Ad and replace it with another Ad. Except in cases where there is an agreement for this purpose, the space made available on the Website can only be filled by the initially edited Ad. Changes are only allowed to improve and / or update the content.

 

LIFESTYLE ADS AND PARTNERS

The Ad, from the “Lifestyle” segment, is an advertising space made available on the Website for the “Partners” to advertise their establishment and obtain reservations for the services presented.

The Ad and its contents are the total and exclusive responsibility of the "Partner", even if there is our collaboration in the edition. Our collaboration, if any, is in the initial edition of the Ad based on the content that is provided by the "Partner" and which is subject to prior approval. This collaboration in the edition of the Ad is carried out according to our availability. All changes to the Announcement are subject to a prior agreement between the parties for this purpose.

The "Partner" is obliged to always check all content. The content of the "Announcement" is the sole responsibility of the "Partner". The "Partner" must retain all rights in the content presented and the consent of the owner, and it is not up to us to confirm it.

It is not allowed to advertise any type of content that in any way violates the legal, social welfare, third party rights or that contains particularly:

a) False or dubious information;
b) "Advertising" services that compete or not with the Website, in particular, placement of means of contact (email, link / URL, telephone number, social media page) in the title, description or photographs associated with the Ad;
c) Indication of the commercialization value of the service at the establishment in the title and description of the Ad;
d) Photographs of the establishment without quality / definition and with any graphic or text addition.

We do not verify the legality and / or veracity of the Ads and the "Partners"; we do not influence, verify, guarantee or validate the content of the Ad made available on the Website; we do not guarantee the quality, veracity, accuracy, security and / or legality of the Ads, the ability of the "Partner", the ability of the "User" and / or the completion of commercial transactions.

At any time we have the right (but not the obligation) to refuse, withdraw, suspend and change the Ad or part of it for violating the Terms of Use or the Privacy Policy, impairing the normal functioning of the Website, order, direction or standard issued by a Public Authority or any other justified reason without prior notice to the “Partner”. In the circumstances mentioned above, the “Partner” is not entitled to a refund of any amount paid.

All Ads that have an associated reservation request form allow direct contact by email between the "User", possibly interested, and the "Partner". Ads that have an associated reservation button allow the "User" to have direct access to the reservation system managed by third party. We have no responsibility for the reservations made. We do not assume any intervention in the communications and interactions that may be carried out between the "Partner" and the "User". We do not participate in transactions between the "Partner" and the "User", nor do we serve as an intermediary, mediator and / or legal representative of any of the parties involved in the transaction. "Users" and "Partners" must always make sure of all conditions before any agreement. We have no responsibility for any consequences resulting from the published Ad or for any interruption on the Website.

The presence of the Ads on the Website presupposes the prior payment by the "Partner" of the agreed amount and the obligation to pay, by this, the agreed commission. In case the Partner does not pay the commission within the established period, the Ad of your establishment will be inactive and implies the annulment of all the commitments assumed and the loss of all amounts to date. The "Partner" has the duty to inform via email until the last day foreseen in the reservation that the reservation has not been made or that the conditions change. The "Partner" always has the duty to provide reliable information about the reservations initiated on our website. If it is found that the information provided does not correspond to the facts that occurred, the Ad of your establishment will be inactive and implies the annulment of all commitments assumed and the loss of all amounts made to date.

By sending content (text, images, videos, logos...) to us or by authorizing its withdrawal from your Website, the "Partner" is giving the right and non-exclusive, perpetual, irrevocable and free license to use, reproduce, distribute, modify and edit this content. We do not pay any compensation for such content and reserve the right, at our discretion, to remove or change it at any time.

All content associated with the "Partners" can be used by us, for example, in marketing and advertising actions, in news, on social networks ... The "Partner" declares and guarantees that it has all the necessary rights to ensure this right.

 

SERVICES ADS AND PARTNERS

The “Services” Ad is a space on the Website to award services provided by “Partners”. The “Partners” are Entities that present themselves with total competence and capacity to properly perform the service.

The service is the sole responsibility of the "Partner". The “Partner” must retain all rights, training, licenses and comply with all laws, rules and standards for the proper performance of the service, and it is not up to us to confirm it.

All Ads that have a booking request form associated with them allow contact of the "User" with our services. If applicable, this contact will later be forwarded to the “Partner”. Ads that have an associated reservation button allow the "User" to have direct access to the reservation system managed by third party. We have no responsibility for any awards made. We do not assume any intervention in the communications and interactions that may be carried out between the "Partner" and the "User". We do not participate in transactions between the "Partner" and the "User", nor do we serve as an intermediary, mediator and / or legal representative of any of the parties involved in the transaction. "Users" and "Partners" must always make sure of all conditions before any agreement. We have no responsibility for any consequences resulting from the published Ad or for any interruption on the Website.

We do not verify the legality and / or veracity of the Ads and the "Partners"; we do not influence, verify, guarantee or validate the content of the Ad made available on the Website; we do not guarantee the quality, veracity, accuracy, security and / or legality of the Ads, the ability of the "Partner", the ability of the "User" and / or the completion of commercial transactions.

At any time we have the right (but not the obligation) to void or suspend the Partnership for violating the Terms of Use or the Privacy Policy, denouncing a “User”, order, direction or standard issued by a Public Authority or by any other justified reason without prior notice to the “Partner”.

"Users" and "Partners" must always make sure of all conditions before any agreement. We have no responsibility for any consequences resulting from the Service performed or for any consequences that may result for "Partner" or "User".

The maintenance of the Partnership presupposes the prior payment by the “Partner” of the agreed amount and the obligation to pay, by this, the agreed commission. If the Partner fails to pay the commission within the established period, it implies the cancellation of all commitments assumed and the loss of all amounts to date. The "Partner" has the duty to inform via email until the last day foreseen in the award that the award has not been made or that the conditions change. The "Partner" always has the duty to provide reliable information about the service awards initiated on our website. If it is found that the information provided does not correspond to the facts that occurred, it implies the annulment of all the commitments assumed and the loss of all amounts made to date.

By sending content (text, images, videos, logos...) to us or by authorizing its withdrawal from your Website, the "Partner" is giving the right and non-exclusive, perpetual, irrevocable and free license to use, reproduce, distribute, modify and edit this content. We do not pay any compensation for such content and reserve the right, at our discretion, to remove or change it at any time.

All content associated with the "Partners" can be used by us, for example, in marketing and advertising actions, in news, on social networks ... The "Partner" declares and guarantees that it has all the necessary rights to ensure this right.

 

CONDITIONS FOR EDITION THE ADS

The Ad and its contents are the total and exclusive responsibility of the “Advertiser” or “Partner”, even if there is our collaboration in the edition. You have the obligation to edit and monitor the Ad while staying on the Site and you are solely responsible for it.

In the “Ad Edition” in the Backoffice, the “Advertiser” or “Partner” is responsible for fulfilling the following conditions:

Choose the “Pack of Ads” to which you want to associate the Ad. After choosing the "Advertiser" or "Partner" you will receive the "Balance of Ads by type of exposure". With this information, the “Advertiser” or “Partner” gets to know how many “Premium”, “Prestige” and “Elite” Ads are available in the Pack you have chosen. At the end of the edition, the “Advertiser” or “Partner” has a field where he chooses, within what is available, the Exhibition Order he wants for the Ad;

The “Ad Title” must only have the name of the article or establishment with a maximum of 70 characters. By default, the Title (SEO) and Friendly URL (SEO) fields are filled in automatically and should remain so;

Correctly associate the "Segment", "Category", "Sub-Category", "Sub-Category" and "Tag" (if applicable);

Edit the "Summary" with a summary description of the article or establishment, with a maximum of 120 characters;

Edit the "Meta Description" with a summary description of the article or establishment, with a maximum of 150 characters;

Edit the “Description” with a text with details of the article or establishment, with a maximum of 300 characters;

Edit the "Price" with consecutive numbering, without decimal places and without currency (eg: you must place 100000 and 100,000 € is visible on the Website). All Ads are displayed in the Euro currency;

Choose, if you like, one of the pre-defined “Call to Action”. This appealing message is associated with the Ad on all pages of the Website;

Choose whether your Ad is "Active" or "Inactive", which corresponds to be visible (if validated by us) or not on the Website;

In the listing your Ads, you have an obligation to add images of the article or establishment. You can add up to 12 images, each of which has to be 840x560px and 72 dpi. The “Advertiser” has the obligation to translate the Announcement under these conditions. Can add the description of the “Attributes” of the article or establishment and add PDF files and related videos. 

At any time, we have the right (but not the obligation) to refuse, withdraw, suspend and change the Ad or part of it without prior notice to the “Advertiser” or “Partner”. He is not entitled to a refund of any amount paid.

 

“ADVERTISER” AND “PARTNER” RESPONSIBILITY

By accepting these Terms of Use, "Advertiser" and "Partner" commit themselves mainly to:

Provide true, complete and updated personal data;

Maintain confidential access data to your registration in the Back office of the Website (if applicable) use only the registration you hold, assuming full responsibility for actions taken with that registration, even if performed by others, with or without your registration authorization;

Comply with payments for the Service to be provided;

Have behavior that does not violate the current legal order or in any way affects protected legal situations;

Not display content of Ads that are unlawful, violent, provocative, offensive, racist or likely to violate the privacy or rights of others;

Not give in your position in the agreement to others without our written permission;

Inform us of all facts that may be relevant to the good performance of the Services, in particular, alteration of your email and telephone contact.

Infringement by the “Advertiser” or “Partner” of its obligations under the Terms of Use gives us the right to be indemnified under the general terms of the law.

It is up to the “Advertiser” to ensure that the Ads comply with the following disclosure conditions:

The Ad is edited with rigor and respect for the “editing conditions” and the organization and image of the Website;

The price indicated in the Advertisement is a real price and relative to the sale of the article or service in the establishment;

The edited ad is intended for the sale of articles or services in establishments, are prohibited ads to other services and / or advertising;

The images contained in the Advertisement correspond exclusively to the article or establishment;

The images disclosed do not contain advertising, effects, contacts, people or animals.

 

RESPONSIBILITY 

We do not exclude or limit our liability in any way that makes such exclusion or limitation unlawful.

We are not responsible for any conditions, obligations, representations and warranties included.

We are not responsible for any damages resulting from misuse of the Website or for information or content posted by anyone other than us on the Website.

We are not responsible for the legitimacy and / or veracity of Ads, “Advertisers” and “Partners”; we do not influence, verify, guarantee or validate the content of the Ad made available on the Website; We do not guarantee the quality, veracity, accuracy, security and / or legality of the Ads, the ability of the “Advertiser” or “Partner”, the ability of the “User” and / or the realization of business transactions.

We are not responsible for the legality and / or veracity of the “Advertising” or “Paid News” Ads and the “Advertising and News Agent”; we do not influence, verify, guarantee or validate the content made available on the Website and Social Networks; we do not guarantee the quality, veracity, accuracy, security and / or legality of the content, the ability of the “Advertising and News Agent”, the ability of the “User” and / or the realization of business transactions.

We are not responsible for any disruption to the Website or Social Networks, especially for reasons beyond our control.

In particular, we are not responsible for:

Lost profits;

Business interruption of “Advertiser” or “Partner”;

Loss of opportunity to hire;

Reputational damages.

 

INTELLECTUAL PROPERTY 

All services, content and materials on the Website are protected, any copying, reproduction, diffusion or transmission, storage, use, modification, installation, sale, publication, republication, distribution or any other use without a Quality Touch authorization. The use of any content on this Website on any other Internet page or computer network is clearly prohibited.

All intellectual property rights, including copyright, trademarks, service marks, trade names, and other trade markings displayed and related to the Website are the property of Quality Touch.

The Website www.choosethemoon.com and the CHOOSETHEMOON trademark are property of Quality Touch. Without our written consent, Trademark and / or Service Mark may not be copied or reproduced.

All content, services or software included on the Website are the property of Quality Touch and / or are authorized to use, it is strictly prohibited to reproduce, post, transmit or distribute any material or information the Website without our consent. However, a limited right to access the services is permitted, as well as retrieving, displaying or printing pages of content for your personal, non-commercial use.

The copyright of the company Quality Touch is protected by everything that makes up the Website, where we highlight the Design, Software, Structure, Layouts, Images, Graphics and Text.

 

BLOG

The Website has a blog for the publication of our news and “Paid News”.

We have complete freedom to create, insert, edit and post or remove our news with the content of the Ads, Advertisers and Partners without giving notice or justification to the Advertiser or Partners and without having to give permission. We may not remove news when there is a posting agreement on the Website and we may not keep it when the “Advertiser” asks to withdraw it.

All interested individuals, single or legal persons with full legal capacity, may request the publication of their “Paid News” on the Website, and the guarantee of its publication includes an agreement. The “News Agent” must accept the Terms of Use and have all rights to the content displayed and the owner's consent, and we are not required to confirm it.

The content of “Paid News” is the responsibility of the “News Agent” who requests the publication. We assume no responsibility for any consequences or damages resulting from the publication of “Paid News” and other content. The agreement to publish “Paid News” on the Blog does not hold us responsible for any results obtained, nor for any other consequences that may result. We have no responsibility for any reason that prevents publication or viewing.

 

SOCIAL NETWORKS

The Website and the Brand have several Social Networks associated for posting our posts / news, “Paid News” or “Advertising”.

We have complete freedom to create, insert, edit and post or remove our posts / news with all the content of the Ads, Advertisers and Partners without knowing or justifying the Advertiser or Partners and without that he has to give permission. We cannot remove posts when there is a posting agreement on Social Networks, and we cannot maintain it when the “Advertiser” asks to withdraw it. 

All interested individuals, single or legal persons with full legal capacity, may request the publication of “Paid News” or “Advertising” on Social Networks, and the guarantee of its publication includes an agreement. The “Advertising and News Agent” must have all rights to the content presented and the consent of the owner, and it is not up to us to confirm it.

The content of “Paid News” and “Advertising” is the responsibility of the “Advertising and News Agent” who requests their publication. We assume no responsibility for any consequences or damages resulting from the publication of “Paid News” or “Advertising” and the contents of others. The agreement to publish on Social Networks does not hold us responsible for any results obtained or for any other consequences that may result. We have no responsibility for any reason that may prevent publication or viewing.

We have no obligation to maintain Social Networks and we have no responsibility for changes to their use.

 

WEBSITE AND SERVICES AVAILABILITY

We cannot guarantee that the Website or the services will function continuously, without interruption or error free. We make every effort to ensure that the Website and the services are as long as possible at the disposal of the “User” of the website and with minimum errors.

For maintenance or upgrade reasons the Website and services may be unavailable without notice. We make an effort to ensure that these situations cause the shortest possible downtime for the Website and services.

We assume no responsibility for the unavailability of the Website or any interruption or loss of service.

We have the right to modify, suspend or discontinue any portion of the Website or services, including access.

 

WEBSITE MODIFICATION

We may update and modify the Website at any time to make modifications to the Service, “Users” needs and our business priorities. These changes are not subject to authorization or notification to “Users”.

 

SUSPEND OR CLOSE WEBSITE

Notwithstanding our obligations to “Users”, we do not guarantee that the Website, the services or their content will be permanently available. We may suspend or cancel the availability of parts of the Website for commercial or operational reasons.

 

COMPUTER VIRUSES AND COMPUTER ATTACKS

We do not guarantee that the Website is protected or free from errors, crashes, viruses or computer attacks.

“Users” are responsible for setting up their technological equipment and using virus protection programs.

“Users” are prohibited using the Website inappropriately from and knowingly introducing viruses or any other materials to damage the Website or its contents.

The “Users” are prohibited to have unauthorized access to the Website, the server on which the Website is hosted, and any equipment or databases connected to the Website.

 

CREATE LINKS TO THE WEBSITE

You may link to the Website provided it is lawful, does not harm our reputation, and does not impair the performance of the Website.

You may not create a link in a way that suggests some kind of association, approval or recommendation from us when it does not exist. It is not allowed create a link to the Website from a site or an application other than the owner.

We have the right to cancel the authorization to create a link without notice.

To create a link to the Website, except as permitted in these Terms of Use, you should always contact us by the Contact page on the Website.

 

RIGHT TO REGRET

The “User” contracting us services has the right to terminate the contract within 14 consecutive days from the date of the contract, without giving any reason.

To exercise your right of withdrawal, you must communicate through our form in the Contact page on the Website to his decision to withdraw from the contract through a statement. In order to respect the period of free resolution, it is sufficient that your communication be sent before the expiry of the period of termination.

 

PARTIAL INVALITY OF TERMS OF USE

If any of the terms of these Terms of Use is voided, it will not affect the validity of the remaining conditions or the validity of the remaining Terms of Use, which are automatically deemed to be reduced under the Law.

 

LEGAL EXPENSES

The “User” contracting us services shall pay all legal expenses we may incur to guarantee the collection of pecuniary obligations and / or by failing to comply with the obligations of these Terms of Use, namely attorneys and solicitors fees.

 

APPLICABLE LAW AND DISPUTE SETTLEMENT

The law that applies to the Website and the Terms of Use is Portuguese law. Portuguese courts have exclusive jurisdiction to settle any disputes related to the use of the Website and these Terms of Use.

 

COMMUNICATIONS CONCERNING TO THE TERMS OF USE

All communications regarding these Terms of Use must be made in writing on the Contacts page on the Website.

Communications to the “Advertiser” or “Partner” will be made to the email or address on the “Advertiser Profile”.

 

Attention: For possible translation errors, please always consult the original Portuguese Version.