Effective Date: August 29, 2017
PLEASE READ THIS DOCUMENT CAREFULLY IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR PERSONAL INFORMATION, YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. BY REGISTERING FOR, USING OR PARTICIPATING IN THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT REGISTER, USE OR PARTICIPATE IN ANY OF THE SERVICES.
TokeIn reserves the rights to update and modify the Agreements from time to time. If you do not agree to be bound by the Agreements as they exist or as updated, then do not access or use the Services. Continued use of the Services is deemed to constitute acceptance thereof. These Agreements constitute a legal agreement between you and TokeIn and shall apply to your use of the Services even after your use terminates.
You represent and warrant that you are fully able and competent to enter into the Agreements and to abide by and comply with the terms of the Agreements. If you are registering as a business entity, you represent that you have the authority to bind the business to these Terms.
In consideration of your use of the Services, you agree to be bound by the following obligations:
TokeIn is committed to maintaining the accuracy, confidentiality and security of your personal information.
Subject to applicable privacy laws, we will collect, use and disclose your personal information to:
In connection with these purposes, we may also:
You understand and agree that as a result of your registration of the Services you may receive certain commercial communications from TokeIn. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality. Following such an opt-out, TokeIn may still communicate with you via email to the extent permitted by applicable law.
The Services may allow you to submit, post or upload videos, images, files information, posting, tags, comments, messages, reviews, location data and other information, including, but not limited to, profile information and communication with other users (“User Content”). You are entirely responsible for all content that you upload, post, email or otherwise transmit via the Services. You agree to post only messages, comments or other information that are proper, non-abusive and lawful. In addition, but without limitation, you may not post content or engage in any other activity that:
You acknowledge that TokeIn may or may not pre-screen User Content, but that TokeIn and its designees have the right (but not the obligation) in their sole and absolute discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Services, at any time without notice for any reason whatsoever.
With respect to User Content you submit or otherwise make available on or to the Services, you grant TokeIn an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.
You represent and warrant that you have all rights necessary to grant to TokeIn the license above and that none of your User Content violates any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violates applicable law. You waive any moral rights in any User Content in favor of TokeIn. Without limiting the foregoing, if User Content includes any video and/or photographic images or pictures of you, you further agree that, without limitation, the license provided includes a grant of an unrestricted right and permission to use, re-use and publish the video and/or photographic images or pictures of you, in you may be included intact or in part, composite or distorted in character or form (the “Images”), without restriction as to changes or transformations in conjunction with your own or a fictitious name, or reproduction thereof in color or otherwise, made through any and all media now or hereafter known for purposes of illustration, art, promotion, advertising, trade, sale or any other purpose whatsoever. You also permit the use of any printed material in connection therewith. You hereby relinquish any right that you may have to examine or approve the use of the Images regardless of the form and type, the material that may be used in conjunction therewith or the use to which they may be applied. Further, you represent and warrant to TokeIn that: (i) all persons who appear in any Images have given you their express consent to submit the Images for unlimited, royalty-free use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity (and you agree to provide evidence of such permission in writing if requested by TokeIn in its sole and absolute discretion); (ii) there are no claims for payment of any kind, including, without limitation, for royalties or residuals; and (iii) no persons who appear in any Images has any approval or consultation rights or any rights of participation arising out of any use, exhibition or other exploitation of any Images.
You are solely responsible for your interactions with other users of the Services. TokeIn reserves the right, but has no obligation, to monitor disputes between you and other users.
TokeIn does not endorse any user of the Services. Even to the extent that any of the Agreements requires you and other users to provide accurate information, TokeIn is under no obligation to attempt to confirm the identity of any user of the Services or anything else about the user or the information the user is providing through the Services.
All title, ownership and intellectual property rights in and to the Services, including, without limitation, the Website, Social Media Accounts, Mobile Rewards App, TokeIn Content (defined below) text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein are owned by or licensed to TokeIn. Content in and to the Services is provided to you “as is”, “where is” and “with all faults” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of TokeIn. You agree not to circumvent, disable or otherwise interfere with security related features of the Services, or features that prevent or restrict use or copying of any content on the Website, Social Media Accounts or Mobile Rewards App, or enforce limitations on use of such content.
TokeIn Content is all videos, images, file information, posting, tags, comments, messages and other information that TokeIn creates or is otherwise owned by the TokeIn and made available in connection with the Services.
TokeIn takes claims of copyright infringement seriously. TokeIn will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on, from, or through the Services infringes your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to the TokeIn Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
The Mobile Rewards App may be subject to export control laws, including, without limitation, the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Mobile Rewards App to, or make the Mobile Rewards App accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule, or regulation. You shall comply with all applicable law and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Mobile Rewards App available outside the United States of America or Canada.
You represent and warrant that you are not located in a country subject to an embargo from the U.S. or Canadian governments, or a country that the U.S. or Canadian government has designated a “terrorist supporting” country.
You represent and warrant that you are not listed on any U.S. or Canadian government list of prohibited or restricted parties.
You acknowledge and agree that the use of the Mobile Rewards App and the Services may cause you to incur SMS and data charges from your mobile phone carrier. You agree that you shall be fully responsible for such charges and shall hold the TokeIn and Released Parties (defined in Section 10 below) harmless for such charges.
In addition to any other legal or equitable remedy, TokeIn may, without prior notice, terminate or suspend any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the Services. TokeIn may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Services.
Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, intellectual property rights, disclaimers of warranty, indemnity and limitation of liability.
You agree to indemnify, release and to hold harmless TokeIn, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the “Released Parties”), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with the use of the Services. TokeIn may, in its sole and absolute discretion, require you to execute a separate release of claims similar to the one listed above in this paragraph as a condition of being awarded any prize or receiving any payout.
You understand and agree that your use of the Services is at your sole risk. The Services, including, without limitation, all content, software, and functions made available on or accessed through or sent from the Services, are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that TokeIn has no control over, and no duty to take any action regarding: which users gain access to or use the Services; what effects the content on the Services may have on you; how you may interpret or use the content on the Services; or what actions you may take as a result of having been exposed to the content on the Services. You release TokeIn from all liability for you having acquired or not acquired content through the Services.
The Website or Mobile Rewards App may contain or direct you to other websites containing information that some people may find offensive or inappropriate. TokeIn makes no representations concerning any content contained in or accessed through the Website or Mobile Rewards App, and TokeIn will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website or Mobile Rewards App.
TokeIn does not warrant that your activities or use of the Services is lawful in any particular jurisdiction and, in any event, TokeIn specifically disclaims such warranties. You understand that by using any features of the Services, you act at your own risk, and you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Services.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not fully apply to you.
You understand and agree that TokeIn limits its liability in connection with your use of the Services as set forth below: Except as limited by applicable law, under no circumstances shall TokeIn, its parents, subsidiaries, or affiliates, or the directors, officers, employees, or other representatives of each of them (collectively, the “TokeIn Entities and Individuals”), be liable to you for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages or loss of profits) that are directly or indirectly related to (1) the Services, or your User Content; (2) the use of, inability to use, or performance of the Services; (3) any action taken in connection with an investigation by TokeIn or law enforcement authorities regarding your use of the Services; (4) any action taken in connection with copyright owners; (5) any harm to your computer, hardware, computer software or other equipment or technology; or (6) any errors or omissions in the Service’s technical operation, even if foreseeable or even if the TokeIn Entities and Individuals have been advised of the possibility of such damages whether in an action of contract, negligence, strict liability tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or in destruction of the Website). In no event will the TokeIn Entities and Individuals by liable to you or anyone else for loss or injury. To the maximum extent permitted by applicable law, in no event shall the TokeIn Entities and Individuals total liability to you for all damages, losses or causes of action exceed one hundred dollars ($100).
You understand and agree that in the event you incur any damages, losses or injuries that arise out of TokeIn’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website or other property owned or controlled by TokeIn and/or its parents, subsidiaries, and/or affiliates or your User Content, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Services or other property or your User Content or any and all activities or actions related thereto. By accessing the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. Accordingly, you agree to waive the benefit of any law, including, to the extent applicable, California Civil Code section 1542, that otherwise might limit your waiver of such claims.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.