PMO Terms of Service

The Pink Moon Observatory (PMO) is a place for fanworks including fanfiction and fanart based on the Manga and Television series “Inuyasha: A Feudal Fairy Tale” focused around the relationship between Sesshomaru and Higurashi Kagome.

What We Believe

  1. Our goal is maximum inclusiveness of content.
  2. We do not sell the data that you post on, submit to or share on pinkmoonobservatory.com to third parties, and we do not include or accept paid advertisements from third parties. Pink Moon Observatory has a Privacy Policy that explains what information we collect, how we use it and who we share it with; your use of the Site is governed by this Terms of Service and Privacy Policy.
  3. We strive to make the Pink Moon Observatory Site’s Terms of Service (ToS) and Privacy Policy readable. We have tried to provide explanations for the more unusual legal terms. If you have terminology questions not covered here, Law.com’s glossary may help, though we cannot vouch for the accuracy of outside sources, including those referenced in the ToS.

There are five parts to the Terms of Service (ToS):

  1. General Principles
  2. Age Policy
  3. Privacy Policy
  4. Content and Abuse Policies
  5. Assorted Specialized Policies

 I.        General Principles

A. The legalese: including where a lawsuit would be filed, when, and under what law:

  1. The ToS constitute the entire agreement between you and the Pink Moon Observatory (PMO) and govern your use of the Pink Moon Observatory service (hereinafter “Service”, “PMO” or “Observatory”). It takes the place of all prior agreements between you and the PMO concerning your use of the Service.
    1. The PMO ToS, the relationship between you and the PMO, and all disputes arising out of or related to it, shall be governed by the laws of the United States and specifically the State of Ohio, without regard to its conflict of law provisions.
    1. You and the PMO agree to submit to the personal and exclusive jurisdiction of the courts located within, and to waive any objection to the laying of venue there.
    1. The PMO’s failure to enforce any part of the ToS will not waive the PMO’s ability to enforce it, and any waiver with regard to a specific instance shall not constitute a waiver of any other breaches of the ToS, even with regard to the same user.
    1. If any provision of the ToS is found by a court of competent jurisdiction to be invalid, you agree that the court should give effect to the party’s intentions as reflected in the provision, and that the other provisions of the ToS remain in full force and effect.
    1. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Observatory or the ToS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

B.  You agree to the Terms of Service

  1. Pink Moon Observatory hosts and shares content created by fans, for fans. Our Privacy Policy is a part of these Terms of Service and is contained in Section III of these Terms of Service. By submitting a work, comment, image, tag, item of information including personally identifying information like an e-mail address, User Name, link, embedded image, audio file or video, or any other form of content (“Content”) to the Observatory, or by creating a User Account and/or by viewing any Content on the Observatory, you affirm, confirm and state that you comply with and assent to the ToS, which incorporates the PMO Privacy Policy.
  2. We may update the ToS as necessary. If the ToS change at any time April 1, 2022 this is how the process will work: Changes in the ToS may be proposed at any time by or to the PMO Admin/Moderators. Enacted changes will be prominently disclosed on the Service.

C.  Potential problems with the Service

  1. The PMO provides services, including the Pink Moon Observatory, on an “as is” and “as available” basis. The PMO does not warrant (that is, does not make a legally binding promise) that our services will meet your requirements; that our services will be uninterrupted, timely, secure, or error-free; or that the results you get from using the services will be accurate, reliable, or satisfactory to you. We will endeavor to provide the best possible service to users of the Service, but many things (e.g., possible outages, hackings, etc.) are not within our control and we cannot provide for all eventualities. In the event we learn of a breach of personally identifying information that users have submitted to the Service, we will notify affected users as soon as practicable.
  2. Any material you download, view, or otherwise access through the Service is at your own risk. You will be solely responsible for any damage or loss of data that results from the download of any such material.
  3. The PMO expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The ToS govern your use of the Service, and therefore no communication from anyone associated with the PMO will create any warranty that isn’t expressly stated in the ToS.
  4. You expressly agree that the PMO shall not be liable to you for any damages of any kind (even if the PMO has been advised of the possibility of such damages) resulting from the Service, including but not limited to your use of or inability to use the Service; unauthorized access to or changes in Content or information you submit; and the acts and statements of third parties who use the Service.
  5. You agree that the PMO shall not be liable to you or any third party for any termination of or limitation on your access to PMO. The PMO may change, end, or put on hiatus the Service, or parts of its Services, at any time.
  6. You agree that the PMO shall not be liable to you for any claim arising out of Content you make available, your use of the Service, your connection to the Service, your use of the ToS, or your violation of any rights of another.
    In other words, the PMO is not liable to you for allowing you to post Content, download Content, use the Service, or interact with PMO. The PMO does not assume whatever legal risks you face by posting, viewing, or doing other things with Content.

A. What you can’t do:
You agree not to use the Service (as well as the e-mail addresses and URLs of PMO sites):

  1. to make available any Content or work that violates the Content Policy;
  2. to impersonate any person or entity, including, but not limited to, a PMO or PMO representative or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity (fiction marked as such is not subject to this policy);
  3. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Service or any PMO Content, sites, servers, networks, or services (headers and identifiers are defined as information actually used or intended to be used to route or authenticate Content, and do not include Content that simulates identifiers as part of a story, such as a fictional e-mail exchange);
  4. to make available any Content that a court has ruled constitutes patent, trademark, trade secret or copyright infringement (please be aware of the PMO’s position on fanwork legality);
  5. to make available any unsolicited or unauthorized advertising (defined as solicitations for direct or indirect commercial advantage), junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  6. to make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or hardware or telecommunications equipment;
  7. to interfere with or disrupt the Service, any PMO-hosted Content or sites, servers, Services or networks connected to PMO sites;
  8. to create an account if you are a resident or national of any country to which the U.S. has prohibited transactions by mandating a trade embargo, as detailed further by the State Department;
  9. to create an account if you are under the age of thirteen;
  10. to create an account if you are: between the ages of 13 and 16, and a resident or citizen of a country, including a European Economic Area country that states an age that is older than yours is required to consent to the processing of personal data without our obtaining written permission from a parent or legal guardian under the General Data Protection Regulation (“GDPR”).
    A list of countries that apply the GDPR can be found here. Each user is responsible for knowing the laws of their own country.
  11. to use PMO services to break any law that applies to you, including any rules or regulations having the force of law. Just by way of example, do not use the services to disseminate restricted technologies or violate laws governing the export of technical data. This provision is not intended to deal with matters subject to the Content Policy, but the Content Policy cannot cover every law in every country. As a general matter, the Observatory follows U.S. law. Content that is alleged to violate the law of a relevant jurisdiction will be dealt with according to the procedures established in the Abuse Policy.

B.  Content you see through use of the Service:

  1. The PMO or users of its services may provide links to or content via sites that are owned or controlled by third parties, and may use such sites, including but not limited to Twitter, Discord, Instagram, and Tumblr, to communicate information about the PMO. The PMO has no control over such sites or their terms of use or privacy policies, and you agree that the PMO is not responsible for and does not endorse their content, terms or availability.
  2. While we limit the types of embedded content visible or accessible via Observatory-hosted Content, some of the content and/or works that you see displayed at the Observatory are not hosted on the Observatory or by the PMO. Such embedded content can include videos, tweets, images that are hosted by third-party sites, or audio files (“User-Embedded Content”). If you access a page that includes User-Embedded Content, the content file may share data with the hosted site as if you were on or at the hosted site. Although all visible Content, including embedded images or other works, must comply with our Content Policy, User-Embedded Content is not otherwise governed by these Terms of Use or the Observatory Privacy Policy, and instead is covered by the Terms of Use and/or Privacy Policy of the service that hosts the User-Embedded Content. The Observatory reserves the right to provide an indicator to users that User-Embedded Content is present on or visible via your Content.
  3. You understand that the PMO does not prescreen Content or review it for purposes of compliance with the ToS. This includes but is not limited to work information, a work’s content, text, graphics, comments, or any other material. Content, including User-Embedded Content, is the sole responsibility of the submitter. You understand that using the Observatory may expose you to material that is offensive, triggering, erroneous, sexually explicit, indecent, blasphemous, objectionable, grammatically incorrect, or badly spelled.
  4. You recognize that the PMO does not endorse Content on the Observatory in any way, except when material appears as an official statement of the PMO. No team members, Moderators, or Administrators of the PMO are acting in an official capacity when they post fanworks, commentary, or other Content of the type generally provided by site users.
  5. The PMO is not liable to you for any Content to which you are exposed on or because of the Observatory.

C.  Valid e-mail address:

  1. As part of your registration, you agree to provide an accurate and current e-mail address and to update the address as necessary. If your e-mail address is inaccurate or not current, the Observatory may suspend your account. Content provided by suspended accounts before the suspension will not be removed unless the PMO reasonably believes that presence/inclusion of said Content exposes the Observatory to liability.
  2. We reserve the right to share your e-mail address with the owners and/or moderators of any Challenges or Events that you sign up for.
  3. By registering or otherwise using an e-mail address in connection with the Observatory, you assert that the e-mail address is not listed on any child protection registry. (There are child protection registries in Michigan and Utah, and our policy applies to any others that exist or may be adopted, whether local, state, or national, including any outside the U.S.)
  1. You agree that we can make those copies and show your Content to other people, subject to your privacy settings. Specifically, by submitting Content, you grant the PMO a world-wide, royalty-free, nonexclusive license to make your Content available. “Making available” includes distributing, reproducing, performing, displaying, compiling, and modifying or adapting.
    Modifying and adapting here refer strictly to how your work is displayed—not how it is written, drawn, or otherwise created. But because your Content may be transmitted over various networks, we may have to make changes to the formatting or display of your Content in order to adapt to the technical requirements of different networks or devices. Multimedia content may not display properly on all devices. In some circumstances, we may make changes to improve accessibility. For example, we may automatically convert html tags to our standard forms (e.g., changing “bold” html to “strong”). Or we may make special provisions for accessibility, such as allowing you to use nonstandard fonts but also providing an alternate format for those who cannot read such fonts. We may use an internal search engine whose results display relevant snippets from your Content.
    User-provided tags are subject to organization.
  2. Subject to the next paragraph of this policy, this license exists only for as long as you choose to continue to include such Content on the Observatory and will terminate within a reasonable time after you remove or the PMO removes such Content from the Observatory. We will always strive to make your Content unavailable to users as soon as possible should you choose to remove it. Though removed Content will not be publicly available, for legal and disaster recovery purposes we may retain backup copies for longer periods.
  3. You may provide Content to a part of the Observatory that you do not completely control. For example, you may decide to participate in a challenge run by another user. Or you may provide Content to a part of the Observatory where your Content can be deleted by other users, for example a Comments page. Where this is the case, by submitting Content to those parts of the Service, you agree to the rules for removing and retaining such Content on those parts of the Service.
  4. You acknowledge and agree that the PMO may preserve Content and may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the ToS; respond to claims that any Content violates the rights of third parties; or protect the rights, property, or personal safety of the PMO services’ users and the public.

E.  Data and Content Processing

The PMO exists to host Content by creative people like you. In order to host or share your works, as well as comments, Shards and whatever you put into your User Profile, we have to process certain data and information including personally identifying information that we collect from Users, and that each User inputs. In order to operate the site, host PMO and user Content, and prevent technical issues and breaches, we need to process (e.g. collect, store, retrieve, disseminate, make available, and delete) certain data and information including personally identifying information, also known as “Personal Data”. Personal Data includes your username, your e-mail address, your IP information and any personally identifying information you enter on the Observatory, including information that you put into your profile, a work’s notes or tags, into the body of a work or other Content itself.

By using the site, you consent to our collection, processing, retention and display of your Content as set forth and explained in these Terms of Use so we can operate, manage, display and share the creativity on PMO; if we believe that using, retaining and/or sharing that information is necessary to preserve the integrity of the Observatory and the Content that we host; for legitimate legal and/or accounting audit purposes; when we have a good faith belief it is required by law, such as pursuant to a subpoena or other legal process; or when we have a good faith belief that doing so will help prevent imminent harm to someone.

II.        Observatory Age Policy

This Age Policy covers the Observatory’s treatment of (a) users who are residents or citizens of the European Union and of the age where consent of a parent or legal guardian is required for the processing of personal data of children including e-mail addresses and IP addresses, as well as certain uses of cookies; and (b) users who are under the age of thirteen (13) and residents or citizens of any other country.

In compliance with United States regulations regarding online privacy for children, the Observatory does not knowingly solicit or collect information from children under the age of thirteen (13). Children under the age of thirteen (13) are therefore not permitted to have an account or upload Content of any type to the Observatory. By submitting Content to the Observatory, you thereby confirm that you are thirteen (13) years old or older.

Asking a parent or legal guardian to upload Content does not constitute submitting Content under this policy. If you are under the age of thirteen (13) and not an Age-Barred Individual (as defined below), your parent or legal guardian may upload your Content through their account.

We as an organization have opted to protect teen users’ privacy. As a result, we cannot receive or host Content from individuals that we know are under the age of sixteen (16) and residents/citizens of the European Union, unless they are residents/citizens of the EU countries that allow the collection of Special Categories of Personal Data from those at a younger age and are old enough to consent to the collection of Special Categories of Personal Data in their own country. Any individual who is between the ages of 13 and 16 and a resident or citizen of a country, including a European Economic Area country, that states an age that is older than theirs is required to consent to the processing of personal data without our obtaining written permission from a parent or legal guardian under the GDPR (“Age-Barred Individual”) may not maintain accounts or submit Content. PMO Personnel may, in their reasonable discretion, hide and/or delete accounts held by and/or Content submitted by Age-Barred Individuals.

III.        Observatory Privacy Policy

A. Who runs the Observatory

The Observatory is committed to fan privacy. For more information about how you can support the PMO, please see the PMO Website. This Privacy Policy governs the Observatory.

B.  This TOS, including the Privacy Policy, applies only to the Observatory

This Privacy Policy covers the Observatory’s treatment of personally identifying information submitted to us, and which we collect when you use our services in the course of ordinary communications. Each site or Service hosted by the PMO has its own Terms of Service and Privacy Policy. The PMO or users of its Services may provide links to or content via sites that are owned or controlled by third parties, and may use such sites, including but not limited to Discord, Twitter, and Tumblr, to communicate information about the PMO and its family of sites including the Observatory. The PMO has no control over such sites or their terms of use or privacy policies, and you agree that the PMO is not responsible for and does not endorse their content, terms or availability. If you follow links off the Observatory, you should review those sites’ privacy policies, which may be different, and for which the Observatory takes no responsibility.

C.  About possible changes:

If these Terms of Service and/or this Privacy Policy change at any point in the future, we will post the policy changes to the Pink Moon Observatory. Such changes will be used only for information provided by those who have visited, used, or accessed the Service after the effective date of such policy changes. If you are concerned about how your information is used, you should check back at the Observatory site periodically to review the policies.

D. Observatory  adherence to the TOS:

If you feel that this Service is not following its stated information policy, please contact Observatory Personnel.

E.  What we will do:

  1. Any information you include in your work, comment, profile, bookmark, summary, or other Content, including information about your religious views, political views or your sexual identity, or any personally identifying information such as your e-mail address, location, or account User Name for other sites will be accessible by the general public if the Content is marked public, and by Observatory users and personnel if the Content is marked accessible to Observatory users only. If you save the Content in Draft form, it will be accessible by certain Observatory Admin/Mods team members.
  2. We may collect personally identifying information such as your IP address and e-mail address when you register for a user account with the Observatory, visit any of the sites and services that are part of the PMO site, or use any of the Observatory’s Services. We may use third-party services to store, process, or transmit data, or perform other technical functions related to operating the Service. These services may include spam detectors, backup services, icon hosting, and e-mail services; a list of third-party services is provided in our Subprocessor List. We cannot guarantee other services’ performance. We or the services we use may store or process your personally identifying information in data centers which may be located in the United States or other countries.
  3. We will use your e-mail address internally for purposes of managing PMO and maintaining site integrity; if you agree to allow your e-mail address to be public, it will be public and you can change that setting any time. You can choose to leave it private, or make it public on the Site; if you opt to make it public, everyone has the ability to access it and use it for any purpose. We may occasionally send e-mails to you from the Observatory about your Content and account, the Observatory and our fundraisers, as well as news that we reasonably believe to be of interest to our registered users. By creating and maintaining a User Account on and with PMO, you consent to receiving such e-mails, including fundraising e-mails. We reserve the right to send you notice of complaints raised against you, or alleged violations by you of the Terms of Service, as well as to reply to any e-mail message you send to the Observatory and/or its personnel. If you choose to participate in a Challenge or Event, the Challenge/Event maintainer(s) may have access to your e-mail address for purposes of communicating with you (See Section V.I.a. below for discussion of Challenges and Events).
  4. We collect, process and retain the following data for the following reasons:
  1. E-mail Addresses: We collect e-mail addresses of and from those who communicate with us via e-mail and any Content or Personal Data included in e-mails to us. We need this information so we can respond to you, and so we can handle complaints about the Service and any users who may have violated the Terms of Use or other policies, and for other legal and accounting/audit reasons including maintaining the integrity of the Observatory and the Content that we host;
  2. User-Specific Information: We collect information about what pages users access or visit including your interactions with integral Observatory features such as Shards, Comments, Bookmarks and the tags that you “favorite”, as well as referral information (i.e. data about what site you are coming to the Observatory from) and whether there are errors in displaying Content to you. We need this information to maintain the integrity of the site, the Service and the Content that we host; to provide you with the Content that you are seeking; to minimize “gaming” Shards counts and spam; and for other legal and accounting/audit reasons.
  1. You consent to our collection, processing, retention and display of your Content, including personal data, when you upload a work in a manner that is available to all Observatory users. We need such consent because your purpose in and reason for uploading Content to the Observatory is for that Content to be visible to users.
  2. You consent to our collection, processing and retention of your Content, and personal information connected therewith, including display to you and certain Observatory personnel when you upload a work in “Draft” form. We need such consent because your purpose in and reason for uploading such Draft Content to the Observatory is for that Content to be accessible to you at a later date. In order for that Content to be available to you, it also needs to be accessible to those on the Observatory team who have access to our servers, and to the Moderator/Administrator teams if necessary to enforce these Terms of Service and maintain the integrity of the Service.
  3. You consent to our collection, processing, retention and display of personal information and Content you submit for inclusion on your Profile Page. We need such consent because your purpose in and reason for including information in your Profile is for that Content to be visible to the Site Membership.
  4. You consent to our collection, processing, retention and display of text that you submit as Comments, as well as your personal information associated therewith. We need such consent because your purpose in and reason for submitting a Comment is for that Content to be visible to the Site Membership.
  5. When you are logged in, you consent to our collection, processing, retention, display and use of your User Name as well as our association of it with Shards that you submit. We need such consent because your purpose in and reason for submitting Shards is for that Content to be visible to the Site Membership.
  6. Whether you are logged in or not, you consent to our collection, processing, retention and use of your IP address for a limited time, including when you give Shards. We need this consent because your purpose in and reason for submitting Shards is to engage publicly with the Content that you enjoyed without publicly associating your Shards with a User Name, and you wish for such Shards to be publicly visible and disassociated from your Observatory Account, if you have one; and because we endeavour to count only one view of a URL per cookie session on the “Hit” count for a work. Temporarily collecting, processing, and retaining IP addresses permits us to conduct internal management of Shards and Hits.
  7. IP Addresses: we collect and process the IP addresses of Observatory members. We need this information so we can provide you with the Content that you are requesting, to allow you to submit Comments, Content and Profile information, and leave Shards, and for other legal and accounting audit reasons including maintaining the integrity of the Observatory and the Content that we host. Certain IP information may be collected by the server for log purposes and used for limited technical assessments of the Service.
  8. Logs: We collect and process Logs of server interactions, as well as event logs. We need this information for legal and accounting/audit reasons, including maintaining the integrity of the Observatory and the Content that we host.
  9. Cookies: We use cookies to collect and store visitors’ preferences; customize web pages’ content based on visitors’ browser type or other information that the visitor sends; and record activity at the Observatory in order to provide better service when visitors return to our site. Cookies must be enabled for the Observatory to function properly with your computer. The Observatory has no access to cookies set by other sites.
  10. If for any reason you terminate your user account with us, we will destroy active records containing your Personal Data as soon as reasonably possible. “Reasonably” here means no more than thirty business days from the termination of the account; however, we may have to retain some information for a longer period as legal records or for auditing purposes. If we terminate your service, we may retain enough information to prevent you from signing up for the service in the future. If you delete Content from the Observatory, it will not be recoverable.
    1. If we receive a complaint about a violation of someone’s intellectual property rights, we reserve the right to disclose the information provided by the rightsholder or the rightsholder’s representative to the subject of the complaint. If we receive a complaint about other matters, such as plagiarism or harassment, we will follow the Abuse Policy, which explains what information provided by the complainant may be disclosed to the subject of the complaint.

F.  What we will not do:

  1. The PMO will not provide any third party with any of your personal information or any of the information we collect, except as provided under our Terms of Service. We will not use your personally identifying information to market third party products and services to you via the Observatory.
  2. We will not sell, trade, or rent your personally identifying information. Except as provided under this policy, we will not disclose your personally identifying information to any third party without your prior consent unless we (1) are legally compelled to do so, (2) have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or legal process served on the PMO, or (3) are cooperating with law enforcement authorities. As to (3), we will cooperate with all investigations conducted by law enforcement authorities within the United States of America when legally required to do so. Cooperation with law enforcement authorities from other countries and cooperation when it is not legally required are at our sole discretion. Our discretion looks favorably on freedom and justice, and unfavorably on oppression and violence.
  3. Unless legally prohibited, we will attempt to notify you any time we disclose your personally identifying information to a third party. In some cases, the information we have, such as an IP address, may be insufficient for us to notify you.

IV.        Content and Abuse Policies

We recognize that there is no such thing as a popular abuse policy. By their nature, abuse complaints are unpleasant at best. And policy needs to be applied by people, which always complicates matters. We have tried to set out clear procedures to minimize and channel the inevitable conflicts.

The Content and Abuse Policy covers procedures, spam and commercial promotion, threatening the technical integrity of the site, copyright, plagiarism, personal information and fannish identities, harassment, illegal and non-fanwork content, and ratings and warnings. We have developed a FAQ page to answer additional questions about Content and Abuse (refer to the ToS FAQ in the PMO site Wiki).

The Observatory does not prescreen for content. Complaints are investigated only when they are submitted through the appropriate channels and with the appropriate information.

A. Procedures

  1. Submitting a complaint
    Complaints may be submitted to our Admin/Mod team. Except in the case of copyright complaints, a complainant may submit a complaint via the Contact Us web form. Depending on the nature of the complaint, anonymity of the complainant may hinder our ability to examine and/or verify the complaint. In order for personnel to follow up on any allegation, the exact location (URL) and nature of the alleged violation must be supplied in the original complaint.
  2. Treatment and investigation of complaints
    Only people who need to know about a complaint will be informed about it. The details of any individual complaint are confidential and must be used only in resolving that complaint.
    The subject of a complaint may also be among those who need to know about it. Only information provided in the complaint will be passed on. The complainant has complete control over what information is submitted to the Admin/Mod Team, and can submit a complaint pseudonymously. (Legal names and other information sufficient to identify a person in the physical world will never be disclosed as part of a standard abuse complaint. For further clarification, please refer to our privacy policy.)
    In general, the Admin/Mod team will only communicate with the subject of a complaint if there appears to be a violation of site policy, or if personnel need more information to resolve the issue.
    The Admin/Mod team records the IP address from which each complaint is submitted, to prevent misuse of the system and/or Service.
    Subject to obligations of confidentiality about specific complaints, the Admin/Mod team may release statistics about general trends, such as the number of plagiarism complaints made and the actions taken by the team, in public or to other PMO committees, to facilitate discussions of policies, procedures, and trends in complaints.
    When Observatory personnel determine that Content needs to be removed for reasons other than violation of the Age Policy by Age-Barred Individuals, the team will identify the nature of the problem with the Content, and set a deadline for voluntary alteration or removal of the Content. An administrator may also hide Content from other users where appropriate. If the original poster does not remove the Content within the deadline, the Observatory will remove the Content. In addition, we may remove Content immediately, without waiting for a response, if we are contacted by a legitimate law enforcement agency or if we determine that the Content is threatening to an individual or reveals an individual’s personal information without consent. In such cases we will inform the original poster as soon as possible. The original poster will then have the option to resubmit with the violating Content removed.
    The Observatory team may also determine that tags need to be added to or edited in an item of Content. For more information, please see the ratings/warnings section.
    If Content violating the ToS is posted with invalid contact information, it will be removed without prior notice.
    If the complainant requests notification of the resolution of the complaint and provides contact information, we will notify them.
  3. Submitting an appeal
    The complainant or the original poster may appeal a decision to the Admin/Mod team as a whole. During the appeal, the original decision will remain in effect. We will attempt to resolve appeals as speedily as possible, but please remember that the Admin/Mod team is entirely comprised of volunteers. The team’s decisions are final unless overturned by the Board at the Board’s sole discretion. There is no right of appeal to the Board. The team, however, may consult with the Board or with committee members authorized by the Board if the team decides that consultation would help resolve an issue.
  4. Account statuses
    “Account status” refers to the existence of warnings on an account and whether that account has been suspended, temporarily or permanently (refer to the ToS FAQ in the PMO site Wiki).
    The Observatory team may issue warnings when it determines that a violation of the ToS was minor or unintentional. More serious, intentional, or repeated violations of the ToS will trigger suspensions. A suspension will generally be for a defined period of time, such as a month. The team may also permanently suspend users when it determines that such action is justified. Permanent suspensions for violations other than spam, violation of the Observatory’s Age Policy by Age-Barred Individuals, or threatening the technical integrity of the site require a majority vote of the team. The team’s discretion will be informed by the nature of the violation and the response of the user, including the user’s decision to voluntarily remove, modify or edit the Content that violates the ToS.
    A user whose account has been permanently suspended for reasons other than age may not rejoin under another identity.
    Where possible, we encourage users to try mediating disputes before contacting Observatory personnel. We provide tools for registered users to control Content that is uploaded in their own spaces. For example, users are able to delete comments on their own stories. If you are unable to resolve the problem on your own, you can file a complaint with the Observatory team.
    In some cases, objectionable Content may have already been deleted before the Observatory team acts. We appreciate good faith attempts to resolve disputes, and in most such cases will close the complaint with no further action. However, we reserve the right to consider individual circumstances, including whether the poster has engaged in a pattern of such conduct. In such cases, if we verify that the original Content violated the ToS, we may still decide to warn or suspend the original poster.
    Penalties apply to users, not to screen names/pseudonyms. Penalties are not retroactive: a suspended user’s non-objectionable Content will not be automatically removed unless the user is an Age-Barred Individual. Suspended users retain the right to delete or Orphan their fanworks by contacting the Admin/Mods team using the Contact Us web form.

G.  Spam and commercial promotion

Promotion of commercial products or activities is not allowed. Repeated identical or nearly identical posts in multiple places, e.g., a large number of identical comments promoting a website, will also be considered spam regardless of commercial content.

Anything we determine is spam will be removed immediately. Users may be permanently suspended for spam the first time they post spam content.

In general, unsolicited commercial activity is not permitted on the Observatory. The Admin/Mod team has discretion to decide that a fan-related offer was mistakenly disseminated and issue a warning instead of a suspension.

Any spam- or commercial activity-related penalties may be appealed using the ordinary appeal process.

We may use automated means to filter out spam. If you submit Content that is erroneously caught in a spam filter, please notify the Admin/Mods team.

H. Threatening the technical integrity of the Service

Conduct that threatens the technical integrity of the Observatory, e.g. attempts to hack the Service or spread viruses through it, will result in an immediate account suspension and deletion of any Content that is hazardous to the operation of the Service or to users’ computers. Users may be permanently suspended for threatening the technical integrity of the Observatory the first time they do so. Such suspensions may be appealed using the Contact Us form.

Uploading technically misnamed files or Content—e.g., non-image files with an image file extension used to disguise their actual format—constitutes a threat to the technical integrity of the site.

Please be aware that the PMO believes that fanworks are legal; therefore, complaints based merely on the existence of fanwork based on copyrighted content or mentioning trademarks will not be pursued.

If you believe that your content has been reproduced in whole or in part, without transformative use (transformative use is defined by the PMO as adding something new, with a further purpose or different character, altering the source with new expression, meaning, or message), please follow our procedures for reporting copyright infringement using the Contact Us form.

The report must clearly and specifically indicate the exact location (URL), nature, and extent of each instance of allegedly infringing content, as well as the exact copyrighted material that is being infringed, as well as full and complete contact information for the copyright holder and/or an authorized agent.

Epigraphs and short quotations, including quotations from song lyrics and poetry, are allowed. Content that is set within or draws on an existing work is allowed. Reproductions of entire copyrighted works—whether songs, poems, transcripts, or other material—are not allowed without the consent of the copyright owner.

J.   Plagiarism

Plagiarism is an often-contested and fuzzy concept, and no definition will satisfy everyone. Our aim is to be transparent and fair in resolving disputes.

Plagiarism is the use of someone else’s words or concepts without properly attributing those words or concepts to their original source. Simply finding and replacing names, substituting synonyms, or rearranging a few words is not enough to make the work original to you. Deliberately writing a work using the same general idea as another work is not plagiarism, but citation is always appreciated. Generally, quotes from the source material (canon) on which the Content is based will not constitute plagiarism, nor will obvious allusions (“Use the Force, Luke!”). However, when in doubt, cite. Be aware that the Admin/Mod team may decide that your citation is not sufficient to render the work your own; a mere nod to another author whose work you are presenting as your own may result in a judgment of plagiarism.

Plagiarism is a violation of the ToS and will incur the penalties described in the Abuse Policy. As with all Content that violates the ToS, plagiarized Content must be removed. Depending on the type and amount of plagiarized Content, this might entail removing an entire piece of Content, removing only the plagiarized portions from a longer work while leaving the original material, or adding citations.

If you believe a fanwork posted on the Observatory plagiarizes another work, please report the work to the Admin/Mod team. In order to allow us to investigate, please provide a link to the work on the Observatory, relevant excerpts, and a specific citation of the original material (for example, a URL or a book edition and page number).

K.  Personal information and fannish identities

The PMO is committed to protecting the privacy of our users, including the separation many fans choose to keep between their legal, “real life” names and their fannish pseudonyms. Unauthorized disclosure of a fan’s personal information and/or data which is included within the definition of Special Categories of Personal Data violates the Terms of Service. For these purposes, “personal information” may include legal names and other information sufficient to identify a person in the physical world that they have not voluntarily shared on the Observatory itself. “Personal information” may also include the identity of the creator of an Orphaned fanwork. The Observatory reserves the right to delete, hide, mask or otherwise make unavailable to the general public any personal information and/or data which is included within the definition of Special Categories of Personal Data.

If you are a resident or citizen of the European Community, you can request that the PMO assemble the data about you that it has in our archive, and provide a copy in electronic format to you; we agree to provide such data to you within a reasonable time.

L.  Harassment

Harassment is any behavior that produces a generally hostile environment for its target. This includes activities such as bullying and hazing by groups of people as well as personal attacks by individuals. Not everyone agrees about what is offensive and unacceptable. Individual users are encouraged to try to resolve problems on their own before contacting the Admin/Mod team.

Harassment is not allowed. Users engaging in this behavior may be warned, suspended, or permanently suspended as described in the general abuse procedure.

When judging whether a specific incident constitutes harassment, the team will consider factors such as whether the behavior was repeated, whether it was repeated after the offender was asked to stop, whether the behavior was targeted at a specific person, whether that target could have easily avoided encountering the behavior, whether the behavior would be considered unacceptable according to normal community standards, etc. Additionally, making complaints that are both (a) repeated and (b) baseless, particularly those targeting a specific user, can be considered harassing behavior and may be deemed a violation of the ToS.

While these complaints will be reviewed on a case by case basis, in general, threatening Content will be considered harassment, while Content that is merely annoying will be allowed. Please note that most statements like “X is a terrible actor and should die!” are not death threats. Writing a story where X dies as part of the plot is also not usually a death threat. Content that is harder to avoid (such as comments on the target’s fanworks) will be judged more strictly than Content that is easily avoidable (such as stories).

The behavior of the original poster (the complaint subject) may also affect the team’s determination. If the original poster repeatedly contacts the subject of the Content about the Content after being told to stop, harasses the subject, or requests that others harass the subject, the Content may be considered part of a general pattern of harassment and be removed. Please use your best judgment both when producing Content of this type and when reporting it.

A special note on RPF (real-person fiction):

Writing RPF (real-person fiction) never constitutes harassment in and of itself. However, Content that advocates specific, real harmful actions towards real people is not allowed. This includes, but is not limited to, death threats and requests for readers to harass specific people. If you find Content that you believe contains harassing or threatening material, please contact the Admin/Mod team. As Real-Person Fiction is fictional, generally Observatory policy will be that Content in RPF that would be deemed Personal Data and/or Special Categories of Personal Data (e.g. full names, usernames on social media services, city of residence, birth date) will not be considered as such. However, if information that is accurate, non-public and not that of the User is included (i.e. non-public phone numbers, residential addresses, e-mail addresses or hotel room numbers) the work can be removed from public view by the Observatory’s Admin/Mod team in its sole discretion.

M. Illegal and inappropriate Content

The Pink Moon Observatory is a place for fanworks. Content may not be uploaded to PMO’s servers if it contains or links to child pornography (images of real children); warez, cracks, hacks or other executable files and their associated utilities; trade secrets, restricted technologies, or classified information; or if it consists entirely of actual instruction manuals, technical data, recipes, or other non-fanwork content, including non-fanwork creative work (refer to the ToS FAQ in the PMO site Wiki). Uploading such Content is a violation of the ToS.

We may determine that we need to remove Content to resolve a threatened or pending lawsuit or mitigate other liability. If so, we will remove the Content. Unless said Content or data otherwise violates the ToS or was submitted by an Age-Barred Individual, removal for such reasons will not lead to a suspension.

If you believe Content violates a specific law, you may report it to us. Please, however, read our Offensive Content Policy below.

a)   Offensive Content Policy

As provided in part I.E.3 of the Terms of Service, the PMO is not liable to you for any Content to which you are exposed on or because of the Service.

Unless it violates some other policy, we will not remove Content for offensiveness, no matter how awful, repugnant, or badly spelled we may personally find that Content to be.

N.  User Icons

User icons should be appropriate for general audiences. They should not contain depictions of genital nudity or explicit sexual activity. For more information, please refer to the ToS FAQ.

O. Tags

  1. Introduction
    1. We require specific ratings or warnings.
    1. By default, all users will see the Archive warnings and tags the creator has selected. Logged-in users are proceeding at their own risk and may be exposed to Content they would otherwise wish to avoid. By logging into the site, users indicate that they are willing to see mature or explicit content.
  1. Ratings
    1. The Observatory uses the following ratings, or the equivalent text as specified on the creator upload form:
      1. General audiences.
      1. Teen and up audiences.
      1. Mature.
      1. Explicit.
    1. As a rule, the creator controls the rating.
      In response to a complaint, the Admin/Mod team may decide that a “general” or “teen” rating is misleading. In such cases, the creator may be contacted by the Admin/Mods team and required to change the rating. If the creator declines or fails to respond, the team may hide the work, or take any other appropriate action, but it will not add any other rating.
  • Warnings and Archive Warnings
    • General description:
      There are two components to warnings on the Archive.
      • Observatory warnings: Creators can select from a list of Observatory warnings. The list also allows creators to select “none of these warnings apply,” or equivalent text as specified on the creator upload form.
      • Secondary (optional or additional) tags, including warnings: Creators can define their own tags, as seriously or as humorously as they like. These can include specific content warnings. The warnings policy only covers PMO warnings.
    • As a rule, the creator controls the warnings.
      If the Admin/Mod team receives a failure-to-warn complaint in other circumstances, the team may decide the absence of a specific Observatory warning is misleading. In such cases, the creator may be asked to add a warning. If the creator declines or fails to respond, the team may hide the work or take any other appropriate action but it will not select any other warning.
  1. Consequence of failure to use an appropriate rating or tags
    In general, failure to use an appropriate rating or tag is not a violation of the abuse policy.
    It is our policy to defer to creators’ categorizations, but we reserve the right to recategorize a fanwork in the situations described above.
    A recategorization decision is appealable through the Contact Us form.
    A recategorization of a fanwork will not result in suspension of a user’s account, unless it is a repeated pattern for a single user, in which case it may be treated as grounds for a suspension. Moreover, if a creator unilaterally reverses a recategorization, without agreement from the Admin/Mod team, that will be treated as grounds for a suspension.
  1. Fanwork types
    It is our policy to defer to creators’ categorizations, but we reserve the right to recategorize a fanwork type.
    A manual recategorization decision made by the Admin/Mod team is appealable through the Contact Us form.
    A manual recategorization of a fanwork will not result in suspension of a user’s account, unless it is a repeated pattern for a single user, in which case it may be treated as grounds for a suspension. Moreover, if a creator unilaterally reverses a manual recategorization, without agreement from the team, that will be treated as grounds for a suspension.
  1. General tags
    Some tags may be automatically applied to a work. It is our policy to defer to creators’ categorizations, but we reserve the right to manually recategorize language and other Observatory tags. A manual recategorization or removal of a tag will not result in suspension of a user’s account, unless it is a repeated pattern for a single user, in which case it may be treated as grounds for a suspension. Moreover, if a creator unilaterally reverses a manual recategorization or removal, without agreement from the team, that will be treated as grounds for a suspension.

V.        Assorted Policies

A. Collections, Challenges, and Exchanges

  1. Observatory users may create Collections and encourage other users to submit fanworks to those Collections. The Collection maintainer can set any constraints they want on the Collection but must otherwise follow PMO Content policy (e.g., if the Collection Content is explicit, it should be marked as “explicit”). The Collection maintainer may be able to ask users for suggestions for new fanworks (“prompts”), gather prompts, match participants with prompts (including contacting them via the contact information provided to the Observatory or to the Collection maintainer), and show the prompts on the Observatory, following the general rules governing works on the Observatory. Where Collection rules allow, prompts may be anonymous or limited-visibility, as detailed in A.4 and A.5 below.
    1. A Challenge is a form of PMO Collection. A Challenge maintainer can communicate with Challenge participants. The Challenge maintainer may have access to participants’ e-mail addresses for this purpose.
  1. To be part of a Collection created on PMO, the fanwork creator has to affirmatively submit the fanwork to the Collection. The Collection maintainer will be able to remove the fanwork from the Collection, but not from the Observatory.
  2. If the Collection maintainer has specified in advance in the Collection rules that submissions cannot later be removed from the Collection, the user who submitted the fanwork may not be able to delete it, but will be able to Orphan the Content it so that the user’s identity is no longer associated with the Content.
  3. In order to implement certain types of Collections, the Observatory may allow works to be posted which will not be generally visible until a time set by the Collection maintainer.
    1. Once posted, the work will be visible to administrators (including members of the Admin/Mod team for purposes of resolving complaints), co-creators (if any), and the maintainers of any Collection of which the work is a part.
    1. If the collection of which a work is a part specifies rules regarding time of general visibility, the Collection maintainer may be able to control the time at which a work becomes generally visible to Observatory users.
  4. In the absence of an independent violation of the abuse policy, the Observatory will not intervene in decisions by the Collection maintainer.

B.  Orphaning Content and Deleting Data

  1. Definition of Orphaning
    One of the goals of the PMO is to provide a permanent long-term home for fanworks. We also understand that circumstances can arise in which creators wish to remove their stories from the internet or otherwise dissociate themselves from their work. Our PMO software gives creators the ability to anonymize or “Orphan” fanworks along with the option of deleting them from the Observatory. For a more detailed description of Orphaning, please see About Orphaning.
  2. User-controlled Orphaning
    Users will have the ability to delete or Orphan their Content themselves as long as they have a valid PMO account, including the account password and/or access to the e-mail address connected with that PMO account. Users will be able to have passwords e-mailed to them and to change the e-mail addresses associated with accounts. However, a user who has lost a password and has no access to the e-mail associated with the account may be unable to access the account for any purpose, including Orphaning or deletion, unless the user can verify identity in some other way, as described below.
  3. Caution: Orphaning may be difficult or impossible to reverse.
    If a user affirmatively Orphans Content, any connection between the user and the work will be removed. It therefore may be difficult or even impossible to restore the link between an Orphaned Content and a user.
  4. Linking an author with an Orphaned work
    As part of the PMO’s commitment to privacy, users are not allowed to use comments or tags to publicly identify the creator of an Orphaned work after the work has been Orphaned. Users who add public identifying tags or comments after a work has been Orphaned violate the Observatory’s Terms of Service. Additionally, identifying tags or comments will be removed.
  5. It is the creator’s responsibility to delete any comments that personally identify said creator that are associated with the work, prior to Orphaning it, and to inform the Admin/Mod team of any identifying tags that should be deleted.
  6. Policy on unverified identities and Orphaning or deletion
    Our policy is that creators should be able to Orphan or delete Content, and they should also be protected against claims by non-creators. Deleting Content is a user’s way of withdrawing consent for PMO to continue hosting said Content. We provide creators with several alternative methods of confirming source, including using the e-mail address associated with the fanwork; using information from a creator’s own site or journal; or using an e-mail address or other form of contact associated with a different copy of the fanwork, including on the Internet Archive. We will also consult with the maintainer of any collection of which the fanwork is a part and take any other actions that seem likely to help with verification.
    If the source of the request is confirmed, we will comply with the request. When the link between the source of the request and the fanwork’s creator cannot be confirmed, and attempts to contact the fanwork’s creator through any existing contact information receive no response, we will Orphan the fanwork.
  7. Deleting Your Account
    1. Deletion of an account is a way for a user to withdraw their consent for PMO to continue hosting their Content.
    1. If you delete Content, such Content will be unrecoverable via the Service.

Material in this draft has been drawn from Slashcity, NearlyFreeSpeech.Net, Vox Populli, imeem, and Archive Of Our Own.
Approved: 20 January 2022