MC Master of Ceremony, Inc.
Terms and Conditions
Last Updated: November 17, 2021
This platform is operated by MC Master of Ceremony, Inc., a Delaware corporation (hereinafter, “MC”, “We”, or “Us”). These terms and conditions (the “Terms”) govern your access to the MC website https://mcmasterofceremony.com/, the MC mobile application, and any other web services owned, controlled, or offered by MC now or in the future (all collectively referred to as, the “Services“).
The term “you” or “User” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Services. The terms “we,” “our” or “us” shall refer to MC.
These Terms are important and affect your legal rights, so please read them carefully. Note that these Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
The Services are offered to you conditioned on your acceptance without modification of Terms contained herein. Certain features, services or tools of the Services may be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms. Your use of the Services constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING, USING, CONSUMATING A FINANCIAL TRANSACTION, OR BROWSING THE SERVICES, YOU ARE AFFIRMING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
PRIVACY POLICY
Your use of the Services are subject to the MC Privacy Policy. Please review our Privacy Policy, which also governs the Services and informs Users of our data collection practices.
USE OF OUR SERVICES
MC is a live-stream platform and digital community for artists and talent with a focus on music culture where you can explore and stay up to date with up-and-coming talent and brands.
Subject to your compliance with its obligations under these Terms, we will provide you with access to the Services. Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice. We will not be liable if for any reason our Services are unavailable at any time or for any period.
You must be fourteen (14) years or over in order to use the Services. By accessing the Services, you represent and warrant that you are an adult, and you are capable of lawfully entering into and performing all the obligations outlined in this Agreement. If you are under the age of 18, a parent or guardian must read and accept these Terms on your behalf. We do not knowingly collect, either online or offline, personal information from persons under the age of 13.
REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCES
In order to access and use certain areas or features of the Services, you may need to have an account with us (the “Account”). We may maintain different types of Accounts for different types of Users. If you create an Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity; (ii) you represent and warrant that you are an authorized representative of the entity with authority to bind the entity to these Terms; and (iii) you agree to these Terms on the entity’s behalf. By creating an Account, you agree to (i) provide accurate, current and complete account information about yourself as necessary, (ii) maintain and promptly update from time to time as necessary your Account information, (iii) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to Us, and (iv) immediately notify Us if you discover or otherwise suspect any security breaches related to your Account. In creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.
Communication Preferences. By creating an Account, you also consent to receive electronic communications from Us (e.g., via email or by posting notices to the Services). These communications may include notices about your Account (e.g., password changes, updates and other transactional information) and are part of your relationship with Us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Account Information. You agree to provide current, complete and accurate payment and account information for your Account. You agree to promptly update your Account and other information, including your email and address, so that we can complete your transactions and contact you as needed. We reserve the right to suspend the provision of the Services or any part thereof, if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading. You are responsible for all charges incurred under your Account, whether made by you or another person using your Account.
Account Access and Security. If you use the Services, you are responsible for maintaining the confidentiality of your Account and password for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your Account or password. You may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content from the Services if in our opinion, you have failed to comply with any of the provisions of these Terms.
ACCESS TO THE SERVICES
We shall use commercially reasonable efforts to ensure the availability of the Services, except that we shall not be liable for: (a) scheduled downtime; or (b) any unavailability caused directly or indirectly by circumstances beyond our reasonable control, including without limitation,(i) a force majeure event; (ii) Internet service provider, webhosting, cloud computing platform, or public telecommunications network failures or delays, or denial of service attacks; (iii) a fault or failure of your computer systems or networks; or (iv) any breach by of these Terms by you.
TERMINATION OR SUSPENSION OF SERVICES
MC reserves the right to refuse or suspend access to any user, for any reason or no reason, and without any notice. MC may suspend your use of the MC Services or any portion thereof if MC believes that you have breached these Terms, or for any other reason, at its sole discretion. You agree that any termination of your access to the MC Services may be without prior notice, and you agree that MC will not be liable to you or any third party for any such termination. Where needed, we reserve the right to alert local law enforcement authorities about suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services
COMPETITIONS / EVENTS
While using the Services, you can enter into competitions with other Users from time to time (each, a “Competition”). Each Competition will have a separate set of rules and prizes that will be specified for each competition prior to your entry. Each Competition will have a scheduled date and time for Users to submit entries (“Contest Entry Period“) and a schedule date and time to close entries (“Contest Closing Date”). Each Competition of the Services will be either an MC-hosted Competition (an “MC Competition”) or one of our sponsors (each, a “Sponsor”) may host a competition (“Sponsored Competition”). Each Competition is subject to all applicable federal, state and local laws and regulations and is void where prohibited. By participating in a Competition, each participant user (herein known as the “Participant”) fully and unconditionally accepts and agrees to comply with and abide by each Competition’s stated rules (for each Competition, the “Competition Rules”) and all decisions as to the winners of the Competition, which shall be final. Competitions are based on skill, creativity, and the ability of each Participant. Winners are not chosen at random; they are selected by other Users of the Services. COMPETITIONS ARE NOT A GIVEAWAY, SWEEPSTAKES, RAFFLES, LOTTERY, OR ANY TYPE OF GAME OF CHANCE. ALL PARTICIPANTS ARE SELECTED BY MERIT BY USERS AND ARE NOT RANDOMLY SELECTED.
Prizes.
Each Competition will have a designated number of prizes awarded to the winners of each Competition (the “Prize(s)”). Participants will be able to see the Prizes for each Competition prior to entry. For MC Competitions, all Prize redemptions and payouts will be awarded by MC to the winner(s) of the Competition. For Sponsored Competitions, the applicable Sponsor will be provided with each Participants information to award the applicable Prize. Each Participant understands that they are they hereby agree and authorize MC to provide their contact information to the sponsor (including, but not limited to name, email, address and phone number) in order to be contacted by Sponsor for awarding of the Prize.
Competition Eligibility.
Competitions are open to all legal residents of the United States (excluding Rhode Island, Puerto Rico, Guam, the US Virgin Islands and other United States overseas territories) and the District of Columbia, who are eighteen (18) years of age or older as of Contest Entry Date. The following classes of persons are not eligible to enter, participate or win: (a) Employees, officers, and directors of participating Sponsors, each of their respective franchisees, affiliated companies, subsidiaries, distributors, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of the Services (collectively “Released Parties”) , (b) the members of the immediate families or households of any of the above, whether or not related, or (d) individuals have not signed up for an Account through the Services. “Immediate family members” includes, for purposes of the Competition includes, parents (including in-laws), grandparents, siblings (including stepsiblings), children (including step-children), grand children (including step grandchildren) and each of their respective spouses.
How to Enter
Eligible Participants must complete all the following steps to enter: the (a) registers an account at https://mcmasterofceremony.com/ or the MC mobile application and confirm their email address (Participant must indicate their full real name on their profile). You may find a Competition through the Competition lobby within the Services. Some Competitions may require an entry fee, as designated by MC or the Sponsor for each Competition.
For all competitions requiring video content, the videos shall be in a well-lit area or space and have no sound obstruction, such that others can clearly hear sounds or audio from the video. MC reserves the right to disqualify a Participant for failure to meet these video/audio quality requirements.
MC and Sponsor is not responsible for lost, late, misdirected, illegible, incomplete, invalid, unintelligible, damaged, or for entries submitted in a manner that is not expressly allowed under these rules, or for any entry not submitted or received or lost due to any technical error or failure, human or programming error, unauthorized human intervention, inaccurate capture or mis-entry of any required information, or the failure to capture any such information or effects of hackers or failure of any electronic equipment, computer transmissions and/or network connections; all of which will be disqualified.
Each Participant must submit only one (1) entry on his/her own behalf per Competition. Any entry submitted on behalf of another individual or using another person’s MC Account or name will be disqualified and ineligible to claim any Prize. Any attempt by any Participant to obtain more than the stated number of entries allowed by using same, multiple/different Accounts, identities, or any other methods shall void that Participant’s entries and that Participant will be disqualified. No use of any bots, technology, or mechanically reproduced or automated entries permitted. Use of any automated system to participate is prohibited and will result in disqualification and all such entries will be deemed void. In the event of a dispute as to an entry, the authorized account holder of the Account used to register will be deemed to be the Participant and he/she must be eligible according to these Terms. An “authorized account holder” is the natural person assigned an Account. Any Participant that loses their internet connection and disconnects from a live Competition will be automatically disqualified from the Competition and the other Participant shall be declared the winner by Default .If an individual Participant within a group loses their internet connection and disconnects from a live Competition the group will be automatically disqualified from the Competition and the other Participant group will be declared the winner by default.
Entry Requirements
By submitting an entry in a Competition, Participant hereby warrants and represents that entry conforms to the requirements set forth herein. Entries submitted by Participant cannot:
be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity; promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promote or encourage any activities that may appear unsafe or dangerous, or any particular political agenda or message; be obscene or offensive, endorse any form of hate or hate group; defame, misrepresent or contain disparaging remarks about MC, a Sponsor or its products, or other people, products or companies; contain intellectual property owned by others or advertise or promote any brand or product of any kind, without permission; contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; contain copyrighted or trademarked materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical “samples”) without the owner’s permission; contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than Participant, without permission; communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and depict, and cannot itself, be in violation of any law.
By entering this content, Participant represents and warrants that Participant’s entry is an original work of authorship and does not violate any third party’s proprietary or intellectual property rights. If Participant’s entry infringes upon the intellectual property right of another, Participant will be disqualified at the sole discretion of the Sponsor. If the content of Participant’s entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, Participant shall, at Participant sole expense, defend or settle against such claims. Participant shall indemnify, defend, and hold harmless the Sponsor and its affiliates, subsidiaries, owners, employees, contractors, and representatives from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which the Sponsor may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right BY SUBMITTING AN ENTRY, PARTICIPANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE OR SOCIAL MEDIA, AT SPONSOR’S DISCRETION.
Screening of Entries
MC and the Sponsor, as the case may be, reserve the right to, and may or may not, monitor/screen entries prior to posting them to a Competition. By entering, Participant acknowledges that Sponsor has no obligation to use or post any entry submitted. Submission of an entry grants Sponsor and its agents an unlimited, worldwide, perpetual, fully paid-up license and right to publish, use, publicly perform, display, modify, and reproduce the entry in any way, in any and all media, without limitation, and without any consideration to the Participant. ENTRIES ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL PARTICIPANT AND DO NOT REFLECT THE VIEWS OF MC OR A SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Participants.
Odds
The odds of winning depend on the number of eligible entries received.
Winners.
After the Contest Closing Date, a designated total of winners (which may vary for each Competition, as designated in the Competition Rules) obtaining the highest number of votes will be selected. The vote can be made through the Services by any User. The Participants receiving the highest number of votes for that Competition at the end of the Contest Period will be declared as winners. The winners will be contacted by either MC or the Sponsor (as applicable) via email to arrange for the Prize to be awarded. If any gift cards are awarded, their values shall be in United States Dollars (USD). All decisions are final and binding.
Claiming Prizes.
The winners must respond to claim the Prize, within two (2) calendar days from the date the notification is sent by MC or the Sponsor (as applicable. Failure to contact MC or the Sponsor (as applicable) within that two (2) day period will result in immediate disqualification of the selected Participant and a new winner will be selected. MC or the Sponsors are not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify winners. Sponsor shall have no obligation to make more than one (1) attempt to notify a Participant that he or she has been selected as a winner. WINNERS ARE RESPONSIBLE FOR ANY AND ALL APPLICABLE FEES, FEDERAL, STATE AND LOCAL TAXES, IF ANY, AND ANY OTHER UNSPECIFIED EXPENSES ASSOCIATED WITH ACCEPTANCE OR USE OF PRIZE. WINNERS ARE ADVISED TO SEEK INDEPENDENT COUNSEL REGARDING THE TAX IMPLICATIONS OF ACCEPTING A PRIZE. MC and Sponsor shall not be liable to winners or any other person for failure to supply the Prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, or any other cause beyond MC or Sponsor’s sole control.
Prize Conditions and Tax Liability
All Prizes are non-assignable, non-substitutable and non-transferable without the prior written consent of either MC or Sponsor (as applicable), which consent may be withheld for any reason and in either MC’s or the Sponsor’s sole and absolute discretion. MC or the Sponsor (as applicable) reserve the right to substitute a prize of equal or greater value if an advertised prize becomes unavailable. All details of any prize not specified herein shall be determined solely by MC or Sponsor (as applicable). All Participants agree to be bound by these Terms and the decisions of MC, Sponsor and/or its authorized representatives, whose decisions in all aspects of the Competitions shall be final and binding. By accepting a Prize, each winner Participant acknowledges compliance with these Terms. The winners must accept delivery of the Prize from MC or Sponsor, or as otherwise instructed by MC or Sponsor (as applicable). All other costs related to Prize delivery and acceptance is the responsibility of each winner including but not limited to federal, state and local taxes. All properly claimed Prizes will be awarded.
Publicity
By participating in a Competition, Participants grant and express unconditional permission for MC or Sponsor to edit and use name, video, photographs, images, logos, likeness, audio, biographical information, statements, testimonials, personal exposition, location, and prize information of Participant (collectively, “Attributes”) for advertising and/or publicity purposes worldwide and in all forms of media, including the designated landing page, now known or hereafter devised, in perpetuity, without further compensation or authorization, except if you are a resident of Tennessee or as otherwise prohibited by applicable Laws, Participant shall release, hold harmless and defend the Sponsor from any and all claims arising from the use of such Attributes. IF YOU DO NOT WISH TO HAVE YOUR ATTRIBUTES USED IN THE MANNER DESCRIBED HEREIN, DO NOT ENTER A COMPETITION. The Sponsor is not and cannot be held responsible for any unauthorized use of a Participant’s Atributes.
Additional Competition Rules and Restrictions. All Participants and their legally defied heirs, executors, administrators and successors (individually and collectively, the “Releasing Parties”), as a condition in participating in a Competition, agree to unconditionally and irrevocably here on out release, discharge, hold harmless and defend MC, the Sponsors, and each of their respective past and present employees, officers, directors, representatives, agents, franchisees, licensees, subsidiaries, parent companies, affiliates, shareholders, owners and members and all other individuals or entities involved in the administration, advertisement or promotion of a Competition and/or the award and delivery of any prize (individually and collectively, the “Released Parties”), from any liability, claims, litigation, losses, actions, or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), illness, damages, losses or expenses arising out of or relating to Participant’s participation in a Competition, or the acceptance, possession or use/misuse of any Prize, or participation in prize-related activities. By participating in a Competition, the Releasing Parties further agree to abide by and be bound wholly by these Terms and waive any right to claim any ambiguity or error therein or in a Competition itself, and to be bound by the User’s votes, the declared winners, and the decisions of MC and the Sponsors, which shall be final in all matters relating to a Competition. In the event a Participant wins a Prize and is later found to be in violation of these Terms he or she will be required to forfeit the Prize or to reimburse MC or Sponsor (as the case may be) for the stated value of the Prize if such violation is discovered after winner has used the Prize.
Release of Liability.
The Released Parties are not responsible for, and each Participant hereby releases any claims and all liability for (i) the inability of a Participant to complete or continue an entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Released Parties control, or otherwise; (ii) entries due to technical difficulties or transmission errors; (iii) any delays, mis-delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method; (iv) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online Participant’s ability to participate in this Contest; (v) any injury or damage to Participant’s or any other person’s computer or mobile phone related to or resulting from participating in or downloading any information necessary to participate in the Contest; and (vi) other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with a Competition, including, without limitations, errors which may occur in connection with the printing or advertising of a Competition, administration or execution of the Contest, the processing of entries or in the announcement of the winners. MC, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the MC website or any Account.
NOTWITHSTANDING ANY PROVISION OF THESE TERMS TO THE CONTRARY AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES SHALL MC, SPONSOR OR ANY RELEASED PARTIES’ LIABILITY TO PARTICIPANTS EXCEED $1.00. IN NO EVENT SHALL SPONSOR OR ANY RELEASED PARTIES’ BE LIABLE TO ANY PARTICIPANT FOR ANY DAMAGES SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY. EACH OF THE LIMITATIONS SET FORTH IN THIS PARAGRAPH SHALL APPLY EVEN IF SPONSOR HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
Modification, Suspension or Cancellation of a Competition.
MC and/or Sponsor reserves the right to cancel, modify or terminate a Competition if fraud, misconduct or technical failures destroy or threaten the integrity of a portion of a Competition, in the opinion of either MC or Sponsor, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of a Competition as determined by MC, in their sole discretion. In the event of early termination of a Competition, either MC or Sponsor (as applicable) reserve the right to determine any eligible Prize winners from among all eligible, non-suspect entries received as of the time/date of such termination. If due to circumstances beyond the control of MC and/or the Sponsor, any event associated with a Competition or a Prize is delayed, rescheduled, postponed or cancelled, MC and/or Sponsor reserve the right, but does not have an obligation, to cancel or modify a Competition and shall not be required to award a substitute prize.
CHALLENGES
A user can challenge another user to a one-on-one competition (hereinafter, a “Challenge”). Challenges are similar to Competitions except they are only between two Users and are not open to Users of the Services at large. Challenges are User-hosted and have no entry fee. Each User participating in a Challenge may place a wager of Remix Points (as defined in Section 7) when submitting or receiving a Challenge. A Challenge will happen live through the Services.
Award of Points. Once the Challenge has concluded, the User obtaining the highest number of votes between the two Users in the Challenge will be selected as the winner. The voting can be made through the Services by any User. The winner of the Challenge will receive the applicable Points wagered directly through their wallet as part of their Point balance. All decisions as to winners are final and binding. MC may immediately suspend a live Challenge without further notice if such content is in violation of the entry requirements set forth in Section 5(d) above.
Release of Liability. All Challenge Participants and their legally defied heirs, executors, administrators and successors (individually and collectively, the “Releasing Parties”), as a condition in participating in a Competition, agree to unconditionally and irrevocably hereon out release, discharge, hold harmless and defend MC and its employees, officers, directors, representatives, agents, franchisees, licensees, subsidiaries, parent companies, affiliates, shareholders, owners and members and all other individuals or entities involved in the administration, advertisement or promotion of a Challenge from any liability, claims, litigation, losses, actions, or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), illness, damages, losses or expenses arising out of or relating to a User’s participation in a Challenge. By participating in a Challenge, the Releasing Parties further agree to abide by and be bound wholly by these Terms and waive any right to claim any ambiguity or error therein or in a Competition itself, and to be bound by the User’s votes, the declared winners, and the decisions of MC, which shall be final in all matters relating to a Challenge. In the event a Participant wins a Challenge and is later found to be in violation of these Terms he or she will be required to forfeit any applicable Prize or to reimburse for the stated value of the Prize if such violation is discovered after winner has used the Prize.
PAYMENTS; SUBSCRIPTION SERVICES
MC Wallet. Each User will have a access to a wallet in which they store points they can use on the platform (“Remix Points”), cash and Prizes earned through the Services. Users can use Remix Points to perform different actions on the Services such as enter competitions, issue votes, among other activities. Users will also have the option to purchase Remix Points through the Services. A minimum of $10 dollars must be in a User’s MC Wallet in order for Users to transfer any cash earnings to their bank or PayPal account (a “Transfer”). MC collects a 1% transaction fee each time a User makes a Transfer.
Fees. You may need to purchase a subscription in order to access certain features of the Services (the “Subscription Services”). The Subscription Services are subject to a recurring fee (the “Fees”) and are payable based on the frequency identified in the subscription plan that a User selects (e.g. monthly, quarterly, annual). You will pay the Fees owed by you (including any additional fees for User’s use of the Services identified to User in advance) in accordance with these Terms. Unless otherwise noted, all Fees are payable in advance.
Subscription Types. You do not need to purchase a subscription to make use of the Services, however, we may limit access to certain features of the Services to users who have purchased the subscription Services. The current Subscription Services are as follows:
- Free Subscription FREE
- League Subscription $29.99 per month – Access to unlimited low yield prize competitions
The above Fees shall be due every month and shall be charged to you as provided in this Section.
- Company “Tier” Accounts. If you have an Account as a company, organization, or entity (a “Tier Account”) you are subject to different type of subscription fees (the “Tier Fees”). Each Tier Account includes certain requirements and receive a different set of benefits under the subscription. The Tier Fees are as follows:
- Tier 1 FREE
- Tier 2 $49.99 per month
- Tier 3 $9,999 per month
All Tier Accounts shall be subject to this Terms, however, will have the option to have their own terms and conditions for Competition, provided, however, that in the event that any Tier Account terms and conditions conflict with this Terms, this Terms shall control.
Payment Information. We may require you to enter credit card or other payment information in order to pay the Fees, make payments, or receive payments through the Services. By entering your payment information when requested, you authorize Us or a third-party payment processor (“Payment Processor”) to charge and process the fees and charges assessed in connection with your purchase. MC or Payment Processor may ask you to supply information relevant to your purchase or withdrawal of funds from the Wallet, including but not limited to your credit card, expiration date, account number, routing number, or other payment account (e. g. PayPal) accepted by MC (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. You hereby authorize Payment Processor to post a pre-authorized charge for the Fees and to charge your credit card, debit card or other payment account for the Fees. The Fees do not include any payment processing fees assessed by Payment Processors for which you will be solely responsible. By making a purchase, you authorize the Payment Processor to deduct and send directly to MC any amounts owed to MC pursuant to these Terms. Payment Processors are not subcontractors or agents of MC and any disputes between you and a Payment Processor regarding any payments or lack thereof are between you and the Payment Processor. MC and its Payment Processors are not responsible for the transmission or processing of any payments you make pursuant to its use of the Services. Your use of the payment services provided by Payment Processors may be subject to additional terms and conditions made available by such payment processors. While We take reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, We are not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information. The Payment Processor is responsible for transacting such payments through its platform, and you agree to release and hold Us harmless from any errors, negligence or misconduct by the Payment Processor. You authorize Payment Processor to directly remit Us any applicable fees owed to Us. MC is not liable for any fees incurred due to billing errors.
Automatic Payment. Unless you provide us with reasonable notice, upon renewal of the Subscription Services, you authorize the Payment Processors to charge the debit card, credit card or other Payment Information on file for the same subscription plan (or the most similar subscription plan if your subscription plan is no longer available) at the then current subscription Fees plus any applicable taxes. Unless otherwise requested by you, we will process the payments using the same billing cycle as your current Subscription.
Changes to the Fees. While MC does not anticipate that it will increase Fees for existing Users, MC reserves the right to change the Fees and institute new charges upon providing not less than 60 days prior notice to Users.
Cancellation; Refunds. You may cancel the Subscription Services and request a refund of the Fees paid by you within 48 hours of signing up for such Subscription Services by contacting MC as described in this Section, in which case the subscribed Subscription Services will immediately terminate as of the date that MC provides such refund. If you choose to cancel the Subscription Services, you must submit a cancellation request via the same method you used to sign up for the Subscription or by emailing MC at support@mcmasterofceremony.com. Any cancellation made after the 48-hour period described in the first sentence will become effective as of your next payment period and you will continue to receive the Subscription Services paid for by you until such date. Any cancellation made less than 24 hours prior to the scheduled payment period termination date will become effective as of the next payment period, and you will continue to receive the Subscription Services paid for by you until such date. While MC is under no obligation to do so, in certain limited circumstances MC may in its sole discretion provide a pro rata refund of the Fees following the 48-hour period described above, in which case the subscribed Subscription Services will immediately terminate as of the date that MC provides such pro rata refund.
Disputed Invoices or Charges. If you believe MC has charged you incorrectly, you must contact via support@mcmasterofceremony.com within a reasonable time after having been charged by MC in order to request an adjustment or credit, and we will review any identified charges upon notice. In the event of a dispute, you will pay any undisputed amounts in accordance with the payment terms herein, and the Parties will discuss the disputed amounts in good faith in order to resolve the dispute.
Late Payment. You may not withhold or setoff any amounts due under this Agreement. We reserve the right to suspend your access to the Subscription Services until all due amounts are paid in full. Any late payment will be increased by the costs of collection (if any).
Taxes. The Fees set out in this Agreement do not include applicable sales, use, gross receipts, value-added, GST or HST, personal property or other taxes. Each User is responsible for and pay all applicable taxes, duties, tariffs, assessments, export and import fees or similar charges (including interest and penalties imposed thereon) on the transactions contemplated in connection with this Agreement, other than taxes based on the net income or profits of MC.
Suspension. Any suspension of the Subscription Services by MC pursuant to the terms of this Agreement will not excuse a User from its obligation to make payments under this Agreement.
PROHIBITED USES
Use of the Services is limited to the permitted uses expressly authorized by us. Any violation of the guidelines or this Agreement by your user content, as determined by MC in its sole discretion, may result in the termination of your access to the Services. The Services shall not be used to:
Harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights); Engage in any unlawful, fraudulent, or deceptive activities; Misrepresent the source, identity, or content of information transmitted via the Services; Use technology or other means to access unauthorized content or non-public spaces; Use or launch any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces; Attempt to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Probe, scan, or test the vulnerability of the Services or any system or network; use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission; Use the Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Services could lead to death, personal injury, or physical or property damage; Modify the Services in any manner or form; use or develop any application that interacts with the Services or provides access to other Users’ content or information without our written permission; or use modified versions of the Services, including to obtain unauthorized access to the Services; Attempt to damage, disable, overburden, or impair our servers or networks; Attempt to gain unauthorized access to the Services, or any part of it, other accounts, computer systems or networks connected to MC, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of or any activities conducted on the Services; Display the Services or profile data on any external display or monitor or in any public setting without obtaining the prior consent of all participants. Furthermore, you may not display the Services or profile data on any external display or monitor or in any public setting in a manner that infringes on the intended use of the Services; Encourage the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export control; or violate these Terms in any manner;
USE OF COMMUNICATION SERVICES
The Services may contain comment sections, chat areas, news groups, forums, direct messages, reviews, and/or other message or communication facilities designed to enable you to communicate with other Users (collectively, “Communication Services“), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, store, send, transmit, or disseminate any information or material that is objectionable, defamatory, libelous, offensive, obscene, indecent, profane, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful; publish material which contains video, audio, photographs, or images of any person under the age of eighteen (18) or any person over the age of eighteen (18) without his or her expressed permission. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other rights of any person; post, publish, transmit Content that references, demonstrates, or encourages the use of alcohol, drugs, or any illicit, illegal, violent, or criminal behavior; post, publish, transmit, or disseminate any political content; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for a particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
We have no obligation to monitor the Communication Services. However, We reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
INTELLECTUAL PROPERTY RIGHTS
You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. As a condition of your use of the Services, you warrant to Us that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Services, is the property of MC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Services. Our content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of MC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MC or our licensors except as expressly authorized by these Terms.
DMCA NOTICE AND TAKEDOWN POLICY
MC respects intellectual property rights and expects its Users to do the same. If you are a copyright owner or an agent thereof, and you believe that any content hosted on any of the Services infringes your copyrights, then you may submit a notification by providing MC’ Designated Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on the applicable Services are covered by a single notification, a representative list of such works on the applicable Services;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MC to locate the material; Information reasonably sufficient to permit MC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.”).
MC Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
MC Master of Ceremony, Inc.
Attention: Copyright Claims
support@mcmasterofceremony.com
For clarity, only notices under this section should go to the MC Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
FEEDBACK
You can submit questions, comments, suggestions, ideas, original or creative materials or other information about MC or the Services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of MC. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
LINKS TO THIRD PARTY WEBSITES/THIRD-PARTY SERVICES
The Services may contain links to other brands or services (“Linked Website“). The Linked Websites are not under our control and We are not responsible for the contents of any Linked Websites, including without limitation any link contained in a Linked Website, products or merchandise sold through the Services, or any changes or updates to a Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the services or any association with its operators. Certain services made available through the Services are delivered by third parties and organizations and these Terms do not apply to any Linked Website. By using any product, service or functionality originating from the Services, you hereby acknowledge and consent that We may share such information and data with any third party with whom We have a contractual relationship to provide the requested product, service or functionality on behalf of MC.
To the fullest extent permitted by applicable law, you hereby release and forever discharge Us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (Including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (a) any interactions with, or act or omission of, or user content provided by, other Users of the Services or (b) any third-party site, products, services, and links Included on or accessed through the MC Services. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” resolving any disputes.
THIRD PARTY ACCOUNT LOGIN/LINK
If you register with the Services by using your Google, Facebook, Instagram, Spotify and any other related accounts (individually, as a “Third Party Account”) login information or otherwise link any such Third Party Account with your Account in the Services, you authorize us to access and use certain Third Party Account information, including, but not limited to, any of your Third Party Account public profile and other information such as the profiles of Facebook friends or Instagram followers you might share in common with other Users. Please note that if your Third-Party Account or associated service becomes unavailable or if our access to such account is terminated by the third-party service provider, the Third-Party Account content will no longer be available on or through the Services. You have the ability to disable the connection between your Account and. Your Third-Party Account, at any time. Your relationship with such Third-Party service providers associated with your Third-Party Accounts is governed solely by your Agreement(s) with such Third-Party service providers. We make no effort to review any Third-Party Account content for any purpose, including, but not limited to, for accuracy, legality or non-infringement, and We are not responsible for any Third-Party Account content.
USER CONTENT
You may generate content, including, but not limited to videos, photos, recordings, music or otherwise, while using the Services (“User Content“). You acknowledge and agree that your User Content may be used, reproduced, displayed, modified, deleted, added to, adapted, and published by us (for example, in product marketing campaigns). You thereby grant Us and its successors a worldwide, irrevocable, transferrable, sub-licensable, fully paid, royalty-free, non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from your User Content. You shall not be entitled to any payment, royalty, or compensation from us for the use of your User Content. You further acknowledge and agrees that you and you alone, are responsible for the development your User Content. You grant all rights described in this paragraph in consideration of our use of the Services and our services, without compensation of any sort to you. We do not claim ownership of User Content.
We will not access, view, display or listen to any User Content, except as set forth in these Terms and as reasonably necessary to operate the Services, including to monitor your conduct and misuse. Actions reasonably necessary to operate the Services may include (but are not limited to) (a) advertising, marketing or otherwise promoting the Services; (b) responding to support requests and facilitating communication among Users; (c) detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues; and (d) enforcing these Terms. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.
The uploaded User Content must be original material that has been created by the User. By uploading content to the Services, you represent and warrant that: (i) you exclusively own all right, title, and interest in and to the uploaded User Content; (ii) the uploaded User Content does not infringe upon the Intellectual Property Rights of any third party; and (iii) there are no legal actions, investigations, claims, or proceedings pending or threatened relating to the uploaded User Content.
MC StudioTM. As part of the Services, you may have access to our digital studio tool (“MC Studio”). Through MC Studio, Users may create original recordings or compositions by uploading sounds, beats, recordings and any other content for User’s development and creation of artistic musical work. You acknowledge and agree that such content shall be deemed User Content as defined in this Section 15 and subject to such Terms. MC may provide beats or recordings for Users to use as part of MC Studio under license (the “Licensed Materials”) at no cost. Such Licensed Materials may be subject to third-party licenses and may be modified and/or removed from the Service at any time, in MC’s sole discretion. The Licensed Materials are for your personal non-commercial use only and may not be used outside of the Services without MC’s written consent. You shall at all times comply with any applicable restrictions for the use of any Licensed Materials as may be specified by MC from time to time.
MC RewardsTM. As part of the Services, MC may provide Users with the option to opt-in to participate in its data monetization program (“MC Rewards”). You can select whether you want to participate in MC Rewards by enabling the option through your Account settings. MC Rewards requires Users to perform certain number of tasks or activities within the Services in exchange for Remix Points or cash compensation, as the case may be (a “Reward”). As part of MC Rewards, you acknowledge and agree that MC may share your interactions within the Services with third parties, including, but not limited to interactions, analytics, behavioral information, usage, User Content, among other information (collectively, “Data”), but excluding any information that can personally identify you (“Personal Information” as defined in our Privacy Policy). Your active participation within the Services is required for Data to be recorded and for you to be eligible to receive a Reward. Any earned Reward will be reflected on the Users MC Wallet balance. Only one (1) Reward per User may be redeemed each day. You can opt-out of participating in MC Rewards at any time by selecting the option through your Account. MC reserves the right to modify the MC Rewards program at any time, in MC’s sole discretion.
INTERACTIONS WITH OTHER USERS
We cannot and do not verify the identity of Users of the Services or the accuracy of any information that Users provide. You are solely responsible for determining the identity and suitability of the other Users with whom you interact when using the Services. We do not investigate or verify any user’s or member’s reputation, conduct, morality, criminal background, or any information Users may submit to the Services. You are solely responsible for your interactions with other Users of the Services. Please note that there are risks that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post and that you give to other Users of the Services. You are discouraged from publicly posting your telephone number or street address on the Services. Information posted to the Services by other Users may be offensive, harmful or inaccurate, and in some cases, may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other Users with whom you come in contact through the Services.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that may contain typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel transactions if any information in the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Services, except as required by law. No specified update or refresh date applied in the Services, should be taken to indicate that all information in the Services has been modified or updated.
WE DO NOT REPRESENT, WARRANT OR OTHERWISE ENDORSE THAT THE SERVICES OR ANY CONTENT, INFORMATION OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICES ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES.
ELECTRONIC COMMUNICATIONS
Using the Services or sending emails to us constitutes electronic communications. If you provide Us with your email address to our contact form, you consent to receive electronic communications from Us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing.
INDEMNIFICATION
WITH THE EXCEPTION OF MC’S GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MC, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) RELATING TO OR ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES, YOUR VIOLATION OF THESE TERMS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
HARM FROM COMMERCIAL USE
You agree that the consequences of commercial use or re-publication of content or information from the Services may be so serious and incalculable, that monetary compensation may not be a sufficient or appropriate remedy and that We will be entitled to temporary and permanent injunctive relief to prohibit such use.
NO WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY MC, THE SERVICES AND THE INFORMATION CONTAINED ON SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND INFORMATION CONTAINED THEREIN. MC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MC OR ANY OF ITS OWNERS, EMPLOYEES, OFFICERS, AGENTS, AFFILIATES, AND SUBSIDIARIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SERVICES OR CONTENT OR THE USE OF ANY SERVICE OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM MC, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MC RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF MC ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU FOR SERVICES PROVIDED BY MC, IF ANY.
INFORMAL DISPUTE RESOLUTION
You and MC agree that any dispute that has arisen or may arise between Us relating in any way to Your use of or access to the Services, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to MC in any way (collectively, “Covered Dispute Matters“) will be resolved in accordance with the provisions set forth in this Section 23.
If You have any dispute with Us, you and MC agree that before taking any formal action, You will contact Us at support@mcmasterofceremony.com provide a brief, written description of the dispute and your contact information (Including your email address) and allow sixty (60) days to pass, during which We will attempt to reach an amicable resolution of any issue with you.
MANDATORY ARBITRATION
BY AGREEING TO THE TERMS, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST MC ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS ARBITRATION AGREEMENT. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST MC, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST MC BY SOMEONE ELSE.
Arbitration Procedure. You and MC agree that any dispute, claim or controversy arising out of or relating to (i) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (ii) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms will be settled by binding arbitration between you and MC, and not in a court of law. The arbitration shall be administered by the American Arbitration Association (“AAA“) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules“) then in effect, except as modified by this Arbitration Agreement. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York. The Arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY. This Arbitration Agreement shall survive the termination of these Terms.
Exceptions to Our Agreement to Arbitrate Disputes. There are only two exceptions to this Agreement to arbitrate: (i) if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief without bond in any court of competent jurisdiction or (ii) each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.
Who Bears the Costs of Arbitration. You and MC agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules unless otherwise stated in this Agreement to arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or without merit, you agree that MC is relieved of its obligation to reimburse you for any fees associated with the arbitration.
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in this Agreement to the contrary, You and We agree that if We make any amendment to this Agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against MC prior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the Agreement to arbitrate that have arisen or may arise between you and MC If you do not agree to these amended terms, you shall not access or use the Services, and the revised terms will not bind you.
Judicial Forum for Legal Disputes. If the Agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to arbitrate, as a result of a decision by the arbitrator or court order, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and MC must be resolved exclusively by a state or federal court located in New York County, New York. You and MC agree to submit to the exclusive personal jurisdiction of the courts situated in New York City, New York, for the purpose of litigating all such claims or disputes.
Arbitration Opt-Out Procedure. If you are a new user, you can choose to reject the agreement to arbitrate provision (“Opt-Out“) by emailing us an opt-out notice to support@mcmasterofceremony.com (“Opt-Out Notice“) or regular mail to MC Master of Ceremony, Inc., 230 E 134th St, Apt 1N, Bronx, NY 10454. The Opt-Out Notice must be received no later than thirty (30) days after the date you accept the terms of this Agreement for the first time. If you are not a new user, you have until thirty (30) days after the posting of the new terms to submit an arbitration opt-out notice. To opt-out, you must email your name, address (Including street address, city, state, and zip code), email address to which the opt-out applies, and an unaltered digital image of your valid driver’s license to support@mcmasterofceremony.com. This procedure is the only way. You can Opt-Out of the Agreement to arbitrate. If you Opt-Out of the Agreement to arbitrate, all other parts of this Agreement and this Disputes Section will continue to apply to you. Opting out of this Agreement to arbitrate does not affect any previous, other, or future arbitration agreements that you may have with MC you waive certain rights. By agreeing to this agreement, you now irrevocably waive any right you may have (i) to a court trial (other than small claims court as provided above), (ii) to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding filed against Us and/ or related third parties, and (iii) to a trial by jury even if any arbitration is not required under this agreement. Statute of limitations for your claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site, services, or this agreement must be filed within one (1) year after such claim or cause of action arises, or it will be forever barred.
Applicable Law. You and We agree that United States federal law, Including the Federal Arbitration Act, and (to the extent not Inconsistent with or pre-empted by federal law) the laws of the State of New York, without regard to conflict of laws principles, will govern all Covered Dispute Matters. Such body of law will apply regardless of Your residence or the location of where You use the Services.
CLASS ACTION WAIVER
Any arbitration or action under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, the arbitrator or judge may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the Services is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor of the Services, or by anyone who may be informed of any of its contents.
CHANGES TO TERMS
We reserve the right, in our sole discretion, to change the Terms under which the Services is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates. We may alter or amend our Terms by giving you reasonable notice. By continuing to use the Services after expiry of the notice period or accepting the amended Terms (as We may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms.
RELATIONSHIP BETWEEN THE PARTIES
The parties are independent contractors and nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. Each Party has sole responsibility for its activities and its personnel and shall have no authority and shall not represent to any third party that it has the authority to bind or otherwise obligate the other party in any manner.
SEVERABILITY
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
FORCE MAJEURE
We shall be excused from performance under these Terms of Use, to the extent We are prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of MC.
EXPORT CONTROLS
The Services originate in the United States and are subject to United States export laws and regulations. The Services may not be exported or re-exported by you to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Services may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Services.
NOTICE TO iOS USERS
This Section 33 only applies to the extent you are using our mobile application(s) on an iOS device. You acknowledge that these Terms are between you and MC Master of Ceremony, Inc. only and not with Apple, Inc. (“Apple”), and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Services, including: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services and/or your possession and use of the Services infringes third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. Apple, Inc, and its affiliates are not a sponsor of, or associated in any way with MC Master of Ceremony, Inc.
NOTICE TO GOOGLE PLAY USERS
If the Services are provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google“) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms. You acknowledge that Google is not responsible for providing support services for the Services. If any of the terms and conditions in these Terms are inconsistent or in conflict with Google’s Google Play Developer Distribution Agreement as of the date these Terms were accepted, the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict. Google, Inc, and its affiliates are not a sponsor of, or associated in any way with MC Master of Ceremony, Inc.
NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
MISCELLANEOUS
These Terms constitute the entire agreement between you and Us relating to your access to and use of the Services. When you purchase any services from MC, The Services are controlled and operated from within the United States. Without limiting anything else, We make no representation that the Services, information or other materials available on, in, or through the Services are applicable or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access our Services from other locations do so on their own volition and are responsible for compliance with applicable laws. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. The waiver or failure of MC to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
CONTACT US
We welcome your questions or comments regarding these Terms:
MC Master of Ceremony, Inc.
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