Effective Date: September 5, 2019
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.
MVC reserves the rights to update and modify the Agreements from time to time without notice to you. 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 MVC 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:
You understand and agree that as a result of your registration of the Services you may receive certain commercial communications from MVC. 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, MVC 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, SMS 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 MVC may or may not pre-screen User Content, but that MVC 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 MVC 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 MVC 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 MVC. 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 MVC 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 MVC 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. MVC reserves the right, but has no obligation, to monitor disputes between you and other users.
MVC 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, MVC 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, MVC 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 MVC. 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, modified, reproduced, distributed, transmitted, broadcast, published, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of MVC, or remove or alter any visible or non-visible identification, marks, notices or disclaimers of MVC. 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.
MVC Content is all videos, images, file information, posting, tags, comments, messages and other information that MVC creates or is otherwise owned by the MVC and made available in connection with the Services.
Certain content on the Website or Mobile Rewards app and provided through the Services, including, but not limited to, text, graphics, logos, icons, and photographs is owned or provided by third parties (“Third Party Content”). You understand that you have no proprietary rights in the Third Party Content and that the third parties retain all proprietary right, title or interest, including copyright, in their respective Third Party Content. You may not copy, sell, reproduce, distribute, retransmit, publish, modify, display, prepare derivative works based on, re-post or otherwise use any of the Third-Party Content without the prior written consent of such third parties. Should you wish to use the Third-Party Content, please contact the respective third party for permission.
You may not frame or utilize framing techniques to enclose the Mobile Rewards app, Website, MVC Content, Third Party content or other proprietary information of MVC without our written consent. You may not use any meta-tags or any other “hidden text” utilizing the name of MVC without our express written consent.
The Website, Mobile Rewards app and MVC social media accounts may contain product descriptions, information and other content submitted by dispensaries that are not affiliated with MVC ("Dispensary Product Content"). The Dispensary Product Content is not endorsed by MVC and MVC does not warrant the accuracy, reliability or completeness of the Dispensary Product Content.
You acknowledge and agree that MVC is not responsible for the Dispensary Product Content and no endorsement of any Dispensary Product Content is expressed or implied by any information, material or content referred to or included on the Website, Mobile Rewards app or MVC social media accounts. Your use and reliance of such Dispensary Product Content, including any information, material, products and services therein, is solely at your own risk.
You acknowledge and agree that MVC is not responsible for the availability of any external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to the Website, Mobile Rewards app or MVC social media accounts. Your access and use of such third party sites, including any information, material, products and services therein, is solely at your own risk.
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 will be fully responsible for complying with the export laws and regulators in connection with your use of the Mobile Rewards app, the Website or the Services, and that you shall hold MVC and Released Parties (defined below) harmless from any liability or penalties in relation thereto.
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 MVC and Released Parties (defined below) harmless for such charges.
In addition to any other legal or equitable remedy, MVC 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. MVC 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 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, merchantable quality, accuracy, fitness for a particular purpose, quiet enjoyment or non-infringement. You acknowledge that MVC has no control over, and no duty to take any action regarding: which users gain access to or use the Services; whether the Services will meet your requirements; what effects the content on the Services may have on you; whether the Services will be uninterrupted, timely, secure or error-free; 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.
The Website or Mobile Rewards app may contain or direct you to other websites containing information that some people may find offensive or inappropriate. MVC makes no representations concerning any content contained in or accessed through the Website or Mobile Rewards app, and MVC 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.
Any Services, including the Website, Mobile Rewards app, MVC Content, Third Party Content, and Dispensary Product Content downloaded or otherwise obtained through the use of the Services is done at your own risk and you will be solely responsible for any damages to your computer system/mobile device or loss of data that results from the downloading of any such material.
MVC does not warrant that your activities or use of the Services is lawful in any particular jurisdiction and, in any event, MVC 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.
Under no circumstances will MVC be liable in any way to you for the Services, including, but not limited to, any errors or omissions in the MVC Content, Third Party Content, Dispensary Product Content, Website, Mobile Rewards app or MVC social media accounts, or for any loss or damage of any kind incurred as a result of the use of the Services downloaded, e-mailed or otherwise transmitted to you via the Website or the Mobile Rewards app.
You hereby agree to release MVC and the Released Parties from any and all liability whatsoever or arising from your use of the Services, including any e-mail to the Website or other form of correspondence through the Mobile Rewards app, and you agree that if you are unhappy with any of the Services, then your sole remedy is to cease using them.
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 MVC 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 MVC, its parents, subsidiaries, or affiliates, or the directors, officers, employees, or other representatives of each of them (collectively, the “MVC 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 damages for loss of profits, loss of income, or loss of revenues) 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 MVC 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 MVC 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 or Mobile Rewards app). In no event will the MVC Entities and Individuals by liable to you or anyone else for loss or injury. You specifically acknowledge that MVC is not liable for the defamatory, offensive or illegal conduct of any third parties and that the risk of injury from the foregoing rests entirely with you. Further, MVC shall not have any liability to you for any MVC Content, Third Party Content or Dispensary Product Content downloaded from the Website or the Mobile Rewards app. To the maximum extent permitted by applicable law, in no event shall the MVC 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 MVC’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 MVC 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.
MVC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Mobile Rewards app or the Services and to restrict or prohibit access to it, with or without notice. You agree that MVC shall not be liable to you or to any third party for any modification, suspension, lost rewards, lost stamps or discontinuance of the Mobile app or the Services. MVC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Mobile Rewards app at any time without notice but confirms that it has no obligation to do so.
You may not assign or otherwise transfer your rights, duties or obligations hereunder.
No Third Party Beneficiaries
No Agency Relationship
Waiver and Severability of Terms
All rights not expressly granted herein are reserved.
If you require assistance with accessing any part of the Website or the Mobile Rewards app, please contact MVC at email@example.com.