MyWorld, Inc. d/b/a MissionControl
("MissionControl," "we" or "us")
provides access to and use of MissionControl websites, MissionControl mobile
applications, and other MissionControl products and services (collectively, the
"Site") to you subject to the following terms and conditions (“Terms
of Use”). If you sign up on the Site and click to accept these
Terms of Use or otherwise access or use the Site, you accept these Terms of Use
and agree to be bound by them. Please read them carefully. If you do not accept
these Terms of Use, do not access or use the Site. If you are under 18 years of
age, you are not permitted to access or use the Site.
These Terms of Use
were last updated on .
PRIVACY
Please review our Privacy Policy, which also governs your
access to and use of the Site, to understand our practices. The Privacy Policy
is a part of these Terms of Use.
ADDITIONAL TERMS FOR SPECIAL FEATURES AND
PROGRAMS
From time to time, we may offer special products,
services, features, or promotional programs through the Site (collectively, “Special
Programs”). Your use of these
Special Programs may be subject to additional policies and terms that apply to those
Special Programs that are not included as part of these Terms (“Special
Program Terms”). These Special
Program Terms will govern your use or participation in each of the Special
Programs. If there is a conflict between
these Terms of Use and the applicable Special Program Terms, the applicable
Special Program Terms will control and apply to your use of or participation in
that Special Program. In addition, all
or portions of Special Programs may be offered through websites, applications, and
other internet properties of other parties and may be subject to the privacy
policies and terms and conditions of use of those third parties. You should review them carefully before using
those services. MissionControl is not
responsible for the conduct of these third parties. See “Other Businesses” below.
MissionControl reserves the right to modify or
discontinue these Special Programs at any time.
Special Programs offered through third parties may be modified or
discontinued by those third parties at any time. Special Programs may be void or subject to
additional restrictions under applicable law.
PRODUCTS, PRODUCT DESCRIPTIONS AND PRICING
MissionControl provides a service that helps you
locate and compare prices for products from third party suppliers.
You are responsible for your dealings with merchants. MissionControl does not offer or sell retail or
wholesale products or services directly to consumers. All purchases of products
and services located through the Site will be subject to purchase terms agreed
to between you and the relevant third party supplier. MissionControl receives
all offer terms, prices, product descriptions and other information from you,
other users, and other third party sources. MissionControl does not warrant that
offer terms, prices, product descriptions or other content related to products
and services located through the Site are accurate, complete, reliable,
current, or error-free; and you should not rely on any such information.
MissionControl has no liability or responsibility for any inaccuracies,
misstatements, or omissions. If a product purchased using the Site is not as
described, the remedies available to you, including without limitation refunds,
returns, credits and rebates, will be determined solely by the terms of sale
agreed to between you and the third party supplier from whom you purchased the
product.
You are responsible to confirm the price before you buy. With respect to items located through the Site, we
cannot confirm the price of an item prior to your purchase of it directly from
the third party supplier. You should confirm your purchase price at the time of
your purchase.
MissionControl does not provide professional medical or health advice. Content provided by MissionControl and its
content suppliers is not intended to substitute professional medical and health
advice provided by a physician, pharmacist, or other qualified health-care
professional. You should not use the Site for diagnosing, treating, curing, or
preventing any disease or health condition. If you have a medical or health
problem, contact your qualified health-care provider for advice.
LICENSE AND SITE ACCESS
MissionControl grants you a limited license to
access and make personal noncommercial use of the Site and not to modify or
download (other than page caching or downloading MissionControl mobile applications
on your device as expressly authorized by MissionControl) the Site, or any
portion of it, except with express written consent of MissionControl.
This license does not include: (i) any resale or commercial use of the Site or its
contents; (ii) any collection and use of any product listings, descriptions, or
prices; (iii) derivative use of the Site or its contents; (iv) any downloading
or copying of account information for the benefit of another merchant; or (v)
any use of data mining, robots, or similar data gathering and extraction tools,
each of which is prohibited. The Site or any portion of the Site may not be
reproduced, duplicated, copied, sold, resold, visited, accessed, used, or
otherwise exploited for any commercial purpose without express written consent
of MissionControl. You may not create or recreate the source code for the Site,
or re-engineer, reverse engineer, decompile or disassemble the Site or any
software embedded therein. You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of MissionControl without express written
consent. You may not use any meta tags or any other
"hidden text" utilizing MissionControl’s
name or trademarks without the express written consent of MissionControl.
You are also granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of the Site so long
as the link does not portray MissionControl, or its products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may not use
any MissionControl logo or other proprietary graphic or trademark as part of the
link without express written permission.
Any unauthorized use of the Site or any logo,
graphic, or trademark terminates the permission or license granted by
MissionControl and gives MissionControl the right to suspend or terminate your
account.
YOUR ACCOUNT TERMINATION
If you use the Site, you are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer or other device, and you agree to accept
responsibility for all activities that occur under your account or
password.
MissionControl reserves the right, in MissionControl’s sole discretion and without notice or
liability to you, to modify, suspend, migrate, integrate, or discontinue the
Site; refuse, restrict, or discontinue access to the Site; terminate or suspend
accounts; or remove or edit content.
You may cease use of the Site at any time.
YOUR CONDUCT
You agree not to access or use the Site to:
- post or
submit any content that is, in MissionControl’s
opinion, unlawful, harassing, threatening, defamatory, obscene, libelous,
invasive of another’s privacy, or racially, ethnically or otherwise
objectionable;
- post or
submit any content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights or intellectual property rights of
any party;
- post,
submit, or otherwise make available any political campaigning, commercial
solicitation, chain letters, mass mailings, or other unsolicited or
unauthorized advertising or promotional materials or any form of
"spam";
- post,
submit, or otherwise make available any content that contains software
viruses;
- use a
false e-mail address, impersonate any person or entity, including, but not
limited to MissionControl personnel or contractors, falsely state or
otherwise misrepresent your affiliation with a person or entity, or
mislead as to the origin of any content you post, submit, or otherwise
make available;
- disguise
the origin of any content transmitted through the Site;
- interfere
with or disrupt the Site or violate the security of the Site or servers or
networks connected to MissionControl;
- violate
the security of other websites, applications, and other internet
properties by any method;
- send
more request messages to MissionControl servers in a given period of time
than a human can reasonably produce in the same period by using a
conventional web browser, such as by use of any automated system,
including "robots," "spiders," or "offline
readers;"
- collect
or harvest any personally identifiable information for any commercial
solicitation purposes;
- engage
in commercial activities with MissionControl or allegedly on behalf of MissionControl without MissionControl’s
prior written consent;
- promote
or conduct illegal activities or harm, stalk, or harass any person; or
- violate or enable others to violate
these Terms of Use.
You
acknowledge that we have the right to terminate your account and prohibit your
access to and use of the Site for violations of any of these rules or any other
terms in these Terms of Use.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER
CONTENT
Users may post or submit reviews, comments,
photos, and other content, and submit suggestions, ideas, comments, questions,
or other information, so long as the content complies with these Terms of Use
(including the “Your Conduct” section above).
If you do post or submit content or other
material, you grant MissionControl a nonexclusive, worldwide, royalty-free,
paid-up, perpetual, irrevocable, and fully sublicensable
and transferable license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, display, and otherwise
exploit such content in any manner and in any media now known or hereafter
devised. You grant MissionControl and sublicensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that: (i) you own or otherwise control all of the rights to the
content that you post or submit; (ii) the content is accurate; and (iii) use of
the content you supply does not violate this policy and will not cause injury
to any person or entity.
MissionControl has the right but not the
obligation to monitor and edit or remove any activity or content. MissionControl
takes no responsibility and assumes no liability for any content posted or
submitted by you or any third party.
INDEMNITY
You agree to indemnify, defend, and hold
harmless MissionControl and its affiliates and successors, from and against all
claims, demands, actions, suits or proceedings, and all loss, cost, liability,
damage and expense (including reasonable attorneys’ fees) arising from or
relating to (a) content you post, submit or otherwise make available, (b) your
breach of these Terms of Use, (c) your use or misuse of the Site, or (d) any
dispute between you and any third party supplier of goods and services or
between you and any other user.
MissionControl reserves the right, at your
expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify us and you agree to cooperate with our defense of
these claims. You agree not to settle any matter without the prior written
consent of MissionControl. MissionControl will use reasonable efforts to notify
you of any such claim, action or proceeding upon becoming aware of it.
INTELLECTUAL PROPERTY
All content included on the Site, such as text,
graphics, logos, button icons, images, audio clips, digital downloads, data
compilations, and software, is the property of MissionControl or its content
suppliers and protected by United States and international copyright laws. The
compilation of all content on the Site is the exclusive property of
MissionControl and protected by United States and international copyright laws.
All software used on the Site is the property of MissionControl or its software
suppliers and protected by United States and international copyright laws.
All graphics, logos, page headers, button icons,
scripts, and service names are trademarks, registered trademarks or trade dress
of MissionControl in the United States. MissionControl’s
trademarks and trade dress may not be used in connection with any product or
service that is not MissionControl’s, in any manner
that is likely to cause confusion among customers, or in any manner that
disparages or discredits MissionControl. All other trademarks not owned by
MissionControl that appear on the Site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by
MissionControl.
One or more patents owned by or licensed to
MissionControl may apply to the Site and to the features and services accessible
via the Site.
You may from time to time choose, in your sole
discretion, to provide suggestions, comments, improvements, ideas,
recommendations or other feedback or materials to us (“Feedback“). If
you choose to provide us any such Feedback, you hereby grant MissionControl a
nonexclusive, worldwide, royalty-free, paid-up, perpetual, irrevocable, and
fully sublicensable and transferable license to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform, display, and otherwise exploit, in any manner and through
any media now known or hereafter devised, such Feedback.
All rights not expressly granted to you in these
Terms of Use are reserved by MissionControl and its licensors. Except as
expressly stated herein, no license, by implication, estoppel, or otherwise, is
granted to you.
OTHER BUSINESSES
MissionControl provides links to the websites,
applications, and other internet properties of other parties. We are not
responsible for examining or evaluating, and we do not warrant the offerings
of, any of these parties or the content of their websites, applications, and
other internet properties. MissionControl does not assume any responsibility or
liability for the actions, product, and content of all these and any other
third parties. You should carefully review their privacy statements and other
conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF
LIABILITY
THE SITE AND ALL INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY SHOPPINGSCOUT ON AN
"AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE
SPECIFIED IN WRITING. SHOPPINGSCOUT MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE
SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR
SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, SHOPPINGSCOUT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. SHOPPINGSCOUT DOES NOT WARRANT THAT THE SITE OR ANY
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. SHOPPINGSCOUT WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION,
CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS
OTHERWISE SPECIFIED IN WRITING.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER
OF IMPLIED WARRANTIES, SO THESE TERMS MAY NOT APPLY TO YOU. THESE DISCLAIMERS
APPLY TO THE FULLEST EXTEND PERMITTED BY APPLICABLE LAW.
APPLICABLE LAW
By accessing or using the Site, you agree that
the laws of the state of California, without regard to principles of conflict
of laws, will govern these Terms of Use and any dispute of any sort that might
arise between you and MissionControl.
DISPUTES
Any dispute relating in any way to your access
to or use of the Site or to products or services sold or distributed by
MissionControl shall be adjudicated in any state or federal court in San
Francisco, California, and you consent to exclusive jurisdiction and venue in
such courts.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent of a
copyright owner and believe that any content infringes upon your or your
principal’s copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing our copyright
agent with the following information in writing (see 17 U.S.C. 512(c)(3) for
further detail):
- 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;
- 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 the service
provider to locate the material;
- Information
reasonably sufficient to permit the service provider to contact you, such
as an address, telephone number, and, if available, an electronic mail;
- A
statement that you have 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; and
- A
statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
MissionControl’s designated copyright agent
to receive notifications of claimed infringement is:
Copyright Agent
MyWorld, Inc.
8925 East Pima Center Parkway #125
Scottsdale, AZ 85258
copyright@shoppingscout.com
You acknowledge that if you fail to comply with
all of the requirements of this notice, your DMCA notice may not be valid.
MISCELLANEOUS
The failure of MissionControl to exercise or enforce any
right or provision of these Terms of Use does not constitute a waiver of such
right or provision. If any provision of these Terms of Use is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should try to give effect to the parties’ intentions as reflected in
the provision, and the other provisions of these Terms of Use remain in full
force and effect.
You may not delegate your duties under these
Terms of Use or assign these Terms of Use or your MissionControl account, in
whole or in part, provided, however, that you may assign these Terms of Use in
connection with any merger (including by operation of law), consolidation,
reorganization, or sale of all or substantially all of its related assets or
similar transaction. MissionControl may assign any of its rights and obligations
under these Terms of Use without consent, including, in connection with any
merger (including by operation of law), consolidation, reorganization, or sale
of all or substantially all of its related assets or similar transaction. This
Agreement shall be binding on the parties’ permitted assignees, transferees and
successors.
As used in these Terms of Use, the word
"including" means "including but not limited to."
This Agreement, which incorporates the
MissionControl Privacy Policy and any applicable Special Program Terms,
constitutes the entire agreement between you and MissionControl and governs your
use of the Site, superseding any prior agreements (whether written or oral)
between you and MissionControl regarding the subject matter hereof. Neither
party is relying upon any warranties, representations, assurances or
inducements not expressly set forth in these Terms of Use.
CHANGES TO THE SITE AND TO THESE TERMS OF USE
Please review our Privacy Policy provided with the Site,
which also governs your access to and use of the Site. We reserve the right to
make changes to the Site, our services, Special Programs, Special Program
Terms, our Privacy Policy and these Terms of Use at any time. We will notify
you about material changes to these Terms of Use by sending a notice to the
email address you provided to us. If you object to any future material change
to these Terms of Use, you may notify us that you are terminating your use of
the Site by emailing us at the following address: info@shoppingscout.com.
ELECTRONIC COMMUNICATIONS
When you access or use the Site or send e-mails
to us, you are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by e-mail
or by providing notices with the Site. You agree that all agreements, notices,
disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
MISSIONS PROGRAM SPECIAL
PROGRAM TERMS
Missions
is a feature of MissionControl’s mobile application
that allows registered users to crowdsource prices. As part of the Missions Program, participants
are tasked with finding particular products and updating their prices through
our mobile application. Participants can earn rewards in the form of mPOINTS for completing a Mission.
The mPOINTS rewards program is offered by SessionM
(www.sessionm.com). mPOINTS
are redeemable for gift cards and sweepstakes entries from SessionM’s
rewards portal, accessible from our mobile application or through SessionM’s website. Your participation in the Missions
Program requires use of services offered by SessionM
and is subject to SessionM’s Terms of Use (http://www.sessionm.com/terms-of-use/)
and Privacy Policy (http://brands.sessionm.com/privacy.html). SessionM is solely
responsible for the products and services they offer which may be offered as a
part of services offered by MissionControl.
Except
as specifically modified by these Special Program Terms, MissionControl’s
Terms of Use (http://shoppingscout.com/login/terms.html) and Privacy Policy (http://www.shoppingscout.com/login/privacy.html)
will apply to your use of and participation in the Missions Program (the “Program”).
MissionControl reserves the right to modify or
discontinue the Program at any time.
Services offered by third parties such as SessionM
may be modified or discontinued by those third parties at any time. The Program
may be void or subject to additional restrictions under applicable law.
These Special Program Terms where last updated 12/17/2014.
GENERAL RULES
To be
eligible to be awarded mPOINTS for your participation
in the Program, the following general rules will apply. MissionControl may modify these rules from
time to time in its sole discretion. We
will notify you about material changes to these Special Program Terms by
sending a notice to the email address you provided to us. If you object to any
future material change to these Special Program Terms, you may notify us that
you are terminating your use of and participation in the Program or use of the
Site by emailing us at the following address: hello@shoppingscout.com.