Moanaria Terms and Conditions // AGB
Date of Last Revision: August 11th, 2022
Article 1. Applicability
1. These Terms and Conditions apply to offers and e-contracts between Moanaria and its Consumers, Applicants, Fright Club Members, and Continuing Fright Club Members.
2. Before engaging in an e-contract, Moanaria shall make the text of these General Terms and Conditions available, free of charge, to the Consumer, or Applicant, as soon as possible. If this is impossible, Moanaria shall indicate in what way its Terms and Conditions can be inspected and that they will be sent free of charge, if so requested, before the e-contract is concluded.
3. If a distance contract is conducted electronically, the text of these General Terms and Conditions may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier.
Article 2. Communications in the English Language
Moanaria is a German company. However, because English is the native tongue of the majority of its consumers, and because Moanaria offers its services exclusively in the English language, Moanaria’s Terms and Conditions will be listed in English.
Article 3. Definitions
In these Terms and Conditions, the following terms shall have the accompanying definitions:
1. Proprietor: A company, Moanaria, which provides products, access to digital content, and/or services to consumers, also at a distance;
2. Digital content: data produced and delivered in digital form;
3. Moanaria’s Fright Club Workshop: An online, 10-week writers workshop offered by Moanaria to the general public;
4. Applicant: A natural person who does not act for purposes related to his/her/their commercial, trade, craft or professional activities. Applicants who are under the age of 18, or have not yet reached the age of consent for their respective jurisdiction may not apply;
5. Day: A calendar day;
6. The Waiting Period: The undetermined period of time between an applicant applying to join a Moanaria’s Fright Club workshop and receiving an Acceptance Letter and invoice;
7. Invoice: An electronic contract between the proprietor, Moanaria, and an Applicant, or Consumer, within the scope of an organized system for distance selling of products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract. Moanaria currently only accepts payment via PayPal, and all invoices will be sent from Moanaria’s PayPal account;
8. The 14-Day Invoice Period: The period during which an Applicant may exercise their right to cancel and withdraw from the contract. This period begins on the date of invoice and concludes no later than fourteen days from the date of invoice;
9. Right of Withdrawal: The Applicant’s option not to proceed with the e-contract agreement within the 14-Day Invoice Period;
10. Fright Club Participant, or Participant: An applicant who has paid an invoice to enter one of Moanaria’s Horror Writing Workshops;
11. Continuing Fright Club Member: A Participant who completed a Moanaria’s Fright Club Horror Writing Workshop;
12. Continuing Performance Contract: a contract serving to deliver goods, services and/or digital content in a given period;
13. Sustainable Data Carrier: any means, including email, that allow the Consumer, Applicant, Fright Club Member, Continuing Fright Club Member, or Moanaria to store information directed to them personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined, and which makes an unaltered reproduction of the stored information.
Article 4. The Proprietor’s Identity
The company "Moanaria", owned by Julia Mucke (hereafter to be referred to as “the proprietor”), provides its services exclusively on the basis of the Terms and Conditions.
Article 5. Modifications to Terms and Conditions
Moanaria reserves the right, at its sole discretion, to change or modify these Terms and Conditions at any time. Depending upon the nature of the change, the revisions will be posted on this page as well as the date these terms were last revised, and Moanaria will notify its users, either through Fright Club’s website; an email notification; or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except for those changes that address new functions of our services, or changes made for legal. reasons which will go into effect immediately. Your continued use of Moanaria’s services, after the date any such changes become effective constitutes your acceptance of the new Terms and Conditions. In addition, when using certain services, you will be subject to any additional terms applicable to such service that may be posted from time to time.
Article 6. Dispute Resolution
1. Contracts between Moanaria and the Consumer to which these General Terms and Conditions apply are governed by German law, and all legal matters will be resolved exclusively under the jurisdiction of The City of Cologne in the state of North Rhine-Westphalia.
2. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Article 7. Complaints and Grievances
Those wishing to submit complaints or grievances can contact Moanaria via the following channels:
Moanaria
Attn: Julia Mucke
Arenzhofstr. 33
50769 Cologne
Germany
Email: Moanaria.Site@gmail.com
Tel: +49 15788121807
Article 8. Offers
1. If an offer is of limited duration, or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate summary of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer, Applicant, Fright Club Member, or Continuing Fright Club Member to assess the products, or services and/or digital content adequately. Obvious errors or mistakes in the offer do not bind Moanaria.
3. All offers will contain information that it is clear to the Consumer as to what rights and obligations are attached when accepting an offer.
4. If an offer is for any service requiring a certain number of participants or Consumers to attend together to be viable, Moanaria reserves the right to cancel any such offer prior to its starting in the event that, in its sole determination and discretion, the required number was not attained.
Article 9. By-Laws of Moanaria’s Fright Club Workshop
The following rules govern Applicants, Participants, Fright Club Members and Continuing Members of Moanaria’s Fright Club.
Article 9A. Maintaining Membership in Fright Club
Applicants, Fright Club Participants, and Continuing Fright Club Members must follow Moanaria’s Anti-Harassment Policy, and adhere to Moanaria’s Code of Conduct in order to remain in Moanaria’s Fright Club. Continuing Fright Club Members who have previously participated in a prior Fright Club workshop are under no financial obligation to apply to future workshops in order to remain in Fright Club, or peripheral activities.
Article 9B. The Waiting Period
After completing and submitting Moanaria’s Fright Club Application, Applicants will receive an email that they have been placed on a waiting list. Due to the volume of applicants, and because each installment of a Fright Club workshop may vary in time-length, it is impossible for Moanaria to precisely forecast when each applicant can expect to be admitted to the program. Moanaria will do its best to keep applicants as informed as possible, and to communicate with applicants regularly, but it is under no legal obligation to do so.
Applicants can request by email to be withdrawn from the waiting list at anytime.
Those who apply to Moanaria’s Fright Club via the Application Form will receive an acknowledgement email informing them that they are Applicants, initiating The Waiting Period. During this time the applicant understands, acknowledges and agrees that they have been placed on a waiting list until such time as Moanaria can process and fulfill their request. During the waiting period, it is important that the Applicant refrain from e-mailing Moanaria. The applicant understands and acknowledges that emailing, attempting to initiate contact with Moanaria via any unauthorized channels, or harassing Moanaria’s members may result in the Applicant’s application being deferred, or denied.
Article 9C. Moanaria’s Code of Conduct
Upon completion of Moanaria’s Fright Club Application, Applicants, Fright Club Members, and Continuing Fright Club Members acknowledge that the materials and exercises distributed in Fright Club Workshops are the intellectual property of Moanaria. The writing created within the workshop is the intellectual property of its respective owner. At no time may an Applicant, Fright Club Member, or Continuing Fright Club Member plagiarize, disclose, disseminate, or discuss the materials used in the workshop. Any violations of this agreement will result in immediate expulsion without refund, and the expelled will be held legally liable for any damages and legal fees incurred to Moanaria. Further, recording meetings is expressly forbidden, and participants and will face any applicable legal action for damages arising from violations of these terms.
Article 9D. Acceptance, Invoices and The Right to Withdraw
Moanaria sorts its applicants by time-zone and geographic region in order to offer applicable class times and create community. Once an Applicant is selected to receive notification of their opportunity to join the program, they will receive an Acceptance Letter and Invoice from Moanaria stating the dates and times of the next available class respective to that applicant’s region, initiating The Invoice Period. For all legal disputes, the applicant agrees that the date of invoice, and respective invoice period, are determined to be the dates reflected in Moanaria’s records.
Moanaria’s invoicing will be carried out by e-mail and automated order processing from PayPal. The customer must ensure that the e-mail address specified by them for order processing is correct, so that at this address the e-mails sent by Moanaria can be received. In particular, when using SPAM filters, the Applicant must ensure that all emails sent by the Moanaria or by third parties commissioned with the order processing can be delivered.
Moanaria’s invoices will include an Administrative Fee as compensation for authoring and hosting the workshop, and a Deposit fee to better ensure that Moanaria’s Rules and Code of Conduct are followed.
At this time Moanaria will only accept payment via PayPal, and it is recommended that Applicants take the time to read PayPal’s User Agreement.
Moanaria provides a discount to applicants who are members of the non-profit organization known as The Horror Writers Association (HWA). Applicants who wish to claim this discount must consent to allow Moanaria to communicate with the HWA to verify the applicant’s status as a member, a possible exchange and verification of the applicant’s personal data, and the verification that the applicant is in good standing with the organization. Failure to provide such information will either result in the rejection of the application under consideration, or the application of the full fee to the respective invoice. Furthermore, Fright Club Members who fail to fulfill the qualifications necessary for receiving a return of their deposit may not claim an HWA discount in the next consecutive workshop that they apply for.
By paying the invoice within the stated 14-day duration period the applicant also automatically agrees to the attached terms and conditions on the invoice.
Applicants who cannot participate within the workshop must contact Moanaria as soon as possible, and no later than the 14-day invoice period. Please use The European Standard Form for Withdrawal below.
Those who contact Moanaria, and cancel within the 14-day invoice period will be contacted at the next available time for their region. Applicants who do not pay within the 14-day invoice period, and who do not contact Moanaria with notification that they cannot attend, will be placed back on the waiting list, and will also need to wait an additional year before being eligible to participate again.
After paying the invoice, the Applicant will become a Fright Club Participant, receive Fright Club workshop materials, and it will no longer be possible for them to withdraw from the program with a refund.
The European Standard Form for Withdrawal:
(Please use this format when you wish to revoke your contract.)
To: Moanaria
Julia Mucke
Arenzhofstr. 33
50769 Cologne
Germany
Email: Moanaria.site@gmail.com
I/We hereby inform you that I/we wish to revoke our agreement regarding the sale of the following products: [Please specify the agreement being rescinded]*
the delivery of the following digital content [specification of the digital content]*
the performance of the following service [specification of the service]*
· Ordered on*/received on* [date of purchase of services or receipt of products]*
· [Consumer’s name]
· [Consumer’s address]
· [Consumer’s signature] (only when this form is submitted on paper)
* Delete and/or complete where appropriate.
Article 9E. Expulsion from Moanaria’s Fright Club
Moanaria strives to create a writing environment that helps writers develop practices that will prepare them for the professional writing world. While participating in Moanaria’s Fright Club Workshop, it is the sole responsibility of the participant to ensure that all their work is completed and submitted in a timely manner. Therefore, if a participant fails to turn in a writing assignment; fails to turn in a critique; or fails to attend the workshop once, they forfeit their deposit. Further, if a participant fails to turn in a writing assignment; fails to turn in a critique; or fails to attend the workshop more than once: they will be expelled from the Fright Club workshop without refund, and will have to wait a year before they can apply again. Furthermore, if workshop participant was expelled for any of the aforementioned reasons, their deposit fee will be assessed to a higher monetary amount on their next invoice.
Article 9F. Moanaria’s Anti-Harassment Policy
Moanaria actively seeks to create a safe and positive environment for horror writers. It is the sole responsibility of the of the participant, or continuing member to ensure that their behavior is in accordance with the law and Moanaria’s Code of Conduct and Anti-Harassment Policy. At Moanaria’s sole discretion, any participant discovered engaging in, or having committed acts of, -- but not limited to -- cyber-bullying; verbal assault; sexual harassment; stalking; acts of racism and/or discrimination based upon color, creed, or any other criteria; engaging in aggressively sexual conduct; or other violations of civil and penal law, will be removed forthwith and banned from Moanaria’s channels, without refund. Further, Moanaria will contact any legal authorities appropriate to the offense committed.
Article 9G. Moanaria’s Obligation in the Event of Non-Performance
1. In the event that Moanaria’s online writing group director cannot perform his task before a workshop commences, Moanaria will notify the participants by email and the participant will receive a complete refund. The participants will be notified with the option of rescheduling for the next available time-slot.
2. In the event that the workshop leader cannot perform their task during a workshop while it is in session, the workshop leader will notify the consumer by email and reschedule for the next available date.
Article 9H. Notice of Limited Liability
You acknowledge that Moanaria may establish general practices and limits concerning use of Fright Club, including and without limitation the maximum period of time that data or other content will be retained by Fright Club. You agree that Moanaria has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by you. You acknowledge that Moanaria reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Moanaria reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Article 10. Salvatorius Clause
If any provision in this agreement is discovered to be, or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision of this Agreement; or the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.