Terms and Conditions ("Terms")

 

Last updated: October 1, 2019

 

Welcome to Mascot!

 

Please read these Terms and Conditions (the "Terms", "Terms and Conditions") carefully before using the www.getmascot.app website and the Mascot App (“Mascot, the “Product”), operated by Offers Temple Inc. (“Offers Temple”, "us", "we", or "our").

 

Your access to and use of the Product is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, third parties and others who wish to view, browse, access, use or submits any content or materials to the Product (“Users”). These Terms and Conditions govern your access to and use of the Product and Site Content and establish a legal agreement between you and us. Please fully read and understand the Terms and Conditions and Privacy Policy, located at www.getmascot.app/privacy-policy before using or continuing to use the Product.

 

By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Offers Temple.

 

We are committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

 

The Product stores and processes personal data that you have provided to us. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Product won’t work properly or at all.

 

You should be aware that there are certain circumstances that we will not take responsibility for. The Product requires your device to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider. We are unable to take responsibility for the Product not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

 

If you’re using the Product outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Product, or other third party charges. In using the Product, you’re accepting responsibility for any such charges, including roaming data charges if you use the Product outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the Product, please be aware that we assume that you have received permission from the bill payer for using the Product.

 

At some point, we may wish to update the Product. The Product is currently available on iOS – the requirements for system (and for any additional systems we decide to extend the availability of the Product to) may change, and you’ll need to download the updates if you want to keep using the Product. We do not promise that we will always update the Product so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the Product when offered to you, We may also wish to stop providing the Product, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the Product, and (if needed) delete it from your device. By accessing or using the Product you agree to be bound by these Terms. If you do not fully understand or disagree with any part of the Terms then you do not have permission to access the Product.

 

Privacy

 

Your use of Mascot is subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Product and informs Users of our data collection practices.

 

Communications

 

By creating an account on the Product, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

 

Availability, Errors and Inaccuracies

 

We are constantly updating Features(s) offerings on the Product. We may experience delays in updating information on the Product and in our advertising on other websites. The information found on the Product may contain errors or inaccuracies and may not be complete or current. We cannot guarantee the accuracy or completeness of any information found on the Product.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

Contests, Sweepstakes and Promotions

 

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Product may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

 

Content

 

The Product allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Product, including its legality, reliability, and appropriateness.

 

By posting Content on or through the Product, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Product does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Product and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Product. However, by posting Content using the Platform you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Product. You agree that this license includes the right for us to make your Content available to other Users of the Product, who may also use your Content subject to these Terms.

 

We reserve the right but not the obligation to monitor and edit all Content provided by the Users.

In addition, Content found on or through this Product are the property of Offers Temple or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

 

No unlawful or prohibited use/Intellectual Property

 

You are granted a non-exclusive, non-transferable, revocable license to access and use the Product strictly in accordance with these Terms. As a condition of your use of the Product, you warrant that you will not use the Product for any purpose that is unlawful or prohibited by these Terms. You may not use the Product in any manner which could damage, disable, overburden, or impair the Product or interfere with any other party's use and enjoyment of the Product. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Product.

 

All Content included as part of the Product, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Product, is the property of Offers Temple 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 Product. Mascot Content is not for resale. Your use of the Product 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 Offers Temple 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 Offers Temple or our licensors except as expressly authorized by these Terms.

Use of communication services

 

The Product may contain bulletin boards, chats, forums, and/or other messaging or communication features designed to enable you to communicate with groups or individuals (collectively, "Services"), you agree to use the Services only to post, send and receive messages and material that are proper and related to the Product.

 

By way of example, and not as a limitation, you agree that when using the Services, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, pornographic, infringing, obscene, indecent or unlawful topic, name, material or information; 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 the Services specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another User of the Services 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 Services; violate any code of conduct or other guidelines which may be applicable for any particular Service; harvest or otherwise collect information about others, including phone numbers or e-mail addresses, without their consent; violate any applicable laws or regulations.

 

We have no obligation to monitor the Services. However, We reserve the right to review materials posted to the Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Services at any time without notice for any reason whatsoever.

 

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in the Services. We do not control or endorse the content, messages or information found in the Services and, therefore, We specifically disclaim any liability with regard to the Services and any actions resulting from your participation in the Services.

 

Materials uploaded to the Services may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Suggestions

 

Any and all suggestions or feedback given to us by you through any form of communication is understood to have provided us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license under the intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and can use the suggestions and feedback for any purpose.

 

Eligibility/Accounts

 

Only persons aged 13 or older have permission to access our Product. Our Product does not address anyone under the age of 13 ("Children").

 

The Children’s Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register on the Product or send any Personal Information about yourself to us. If you are under 13 years of age, you are not authorized to use any of the Product and must immediately delete your information from the Product and also from your devices. If we learn we have collected Personal Information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us Personal Information, please contact us at support@mascotgroupchat.com. We recommend that minors, who are 13 years old but under 18 years old, ask their parents or legal guardians for permission before sending any information about themselves to us or anyone else using the Product.

 

You are responsible for maintaining the confidentiality of your account and phone number, including but not limited to the restriction of access to your device and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or phone number. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

 

We reserve the right to refuse Services, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

We are not an agent of any User and does not endorse any specific User.

 

Third-Party Accounts

 

In the event that you will be able to connect your Mascot account to third party accounts, by connecting, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

 

The Product is controlled, operated and administered from our offices within the USA. If you access the Product from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Mascot Content accessed through the Product and www.getmascot.app in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Links to third party sites/Third-party services

 

The Product may contain links to other websites ("Linked Sites"). The Linked Sites are not under our control and We are not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with its operators.

 

Certain features made available via the Product are delivered by third party service providers and partners. By using the Product or the www.mascotgroupchat.com site, you hereby acknowledge and consent that Offers Temple may share such information and data with any third party with whom we have a contractual relationship to provide the requested features or on behalf of Users.

 

Termination/access restriction

 

We reserve the right, in its sole discretion, to terminate your access to the Product and the Services, or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Product. Use of the Product is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.   

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Offers Temple as a result of this agreement or use of the Product. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Product or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the Users and Offers Temple with respect to the Product and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Users and Offers Temple with respect to the Product. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Indemnification

 

You agree to defend, indemnify and hold harmless Offers Temple, Mascot and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Product, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Product.

 

Liability disclaimer

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MASCOT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT AT ANY TIME.

 

OFFERS TEMPLE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. OFFERS TEMPLE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OFFERS TEMPLE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OFFERS TEMPLE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Arbitration

 

In the case that any dispute, claim or controversy arising out of or relating to this Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, that does not exceed $10,000, will be settled by non-appearance-based arbitration through the American Arbitration Association (“AAA”), except nothing in the Terms and Conditions can prevent you or Offers Temple from seeking to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights through individual action in small claims court of competent jurisdiction. By agreeing to these Terms and Conditions, you understand that you and Offers Temple are waiving the right to any purported class action or representative proceeding and that any claims brought forth to arbitration must be handled in your individual capacity. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. Please note that the AAA Rules explains the procedures of paying any AAA filing, administrative and arbitrator fees. The parties further agree that any arbitration will be held in accordance with its Employment Arbitration Rules: (i) unless mutually agreed upon, the arbitration will not require an in-person appearance from either party or witnesses and will be conducted through telephone, online methods and/or written submissions; (ii) the arbitrator may not consolidate more than one person's claims (iii) judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If this specific clause is held unenforceable, then the entirety of the “Arbitration” clause will be deemed void.

 

Exclusions

 

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Governing Law

 

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Product, and supersede and replace any prior agreements we might have had between us regarding the Product.

 

Changes

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will notify you in advance by reasonable means, which could include placing a prominent notice on the Product or Website. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Product after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Product.

Contact Us

We welcome your questions or comments regarding the Terms.

 

Email Address:

support@getmascot.app

   

Effective as of October 1, 2019