MrOwl, Inc. Terms of Use


Welcome to mrowl.com, the website and online and/or mobile service of MrOwl, Inc. (including its affiliates, "MrOwl," "we," or "us"). This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the service (collectively, the "Service"). By accessing or using the Service, or by clicking a button or checking a box marked "I Agree" (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this "Agreement"") and to the collection and use of your information as set forth in our Privacy Policy , whether or not you are a registered user of our Service. MrOwl reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service ("Users").

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. Our Service

  1.1 Eligibility

This is a contract between you and MrOwl. You must read and agree to these terms before using the MrOwl Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with MrOwl, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by MrOwl.

  1.2 Limited License

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. MrOwl reserves all rights not expressly granted herein in the Service and the MrOwl Content (as defined below). MrOwl may terminate this license at any time for any reason or no reason.

  1.3 User Accounts

Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to MrOwl with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date.

You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify MrOwl immediately of any breach of security or unauthorized use of your User Account. MrOwl will not be liable for any losses caused by any unauthorized use of your User Account.

You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing MrOwl your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

  1.4 Changes to the Service

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

  1.5 Disputes with Other Users

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. MrOwl shall have no liability for your interactions with other Users, or for any User’s action or inaction.

  1.6 Service Location

The Service is controlled and operated from facilities in the United States. MrOwl makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

  1.7 Storage

MrOwl offers unlimited free storage for files under 20MB in size that are stored in public branches. All users also have an allotment of Private Storage. Files over 20MB count toward Private Storage regardless of whether they reside in public branches.

As with all social platforms, MrOwl compresses all media files for easier viewing over the internet. For users in the Free tier (non-premium users), MrOwl does not have an option to save the Original Media Files, which are original, non-compressed version of media files uploaded by users. Premium users have the option of keeping Original Media Files. Original Media Files are considered private, even in public branches. Original Media Files are not included in our unlimited free storage offer, regardless of size. Original Media Files always count toward Private Storage.

For measuring storage:

  • A kilobyte (KB) = 1,000 bytes
  • 1 megabyte (MB) = 1,000 KB
  • 1 gigabyte (GB) = 1,000 MB
  • 1 Terabyte (TB) = 1,000 GB

2. User Content

Some areas of the Service allow Users to submit, post, display, provide, or otherwise make available content such as profile information, videos, images, music, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as "User Content"). Using the features and functionalities of the Service, you may keep your User Content private or you may make it publicly available.

WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU. THE USER CONTENT YOU CREATE REMAINS YOURS. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and this Agreement. MrOwl has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to MrOwl a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and MrOwl’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service to whom you have provided access to your User Content a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display, perform, and make derivative works of such User Content as permitted through the functionality of the Service and under this Agreement.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

  • You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
  • You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
  • Your User Content and MrOwl’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
  • MrOwl may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
  • To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

MrOwl takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that MrOwl shall not be liable for any damages you allege to incur as a result of or relating to any User Content.

3. Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "MrOwl Content"), and all Intellectual Property Rights related thereto, are the exclusive property of MrOwl and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any MrOwl Content. Use of the MrOwl Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place MrOwl under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, MrOwl does not waive any rights to use similar or related ideas previously known to MrOwl, or developed by its employees, or obtained from sources other than you.

4. Paid Services

  4.1 Billing Policies and Automatic Renewal Subscriptions

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to our Pricing and Payment Terms as we may update them from time to time. Payment obligations are non-cancelable and, except as expressly stated in the Agreement, fees paid are non-refundable. MrOwl may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our Pricing and Payment Terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.

Further, certain paid aspects of the Service may be provided on an automatically renewing subscription basis. SUBSCRIPTIONS RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR DESIGNATED PAYMENT METHOD AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS EQUAL TO ONE (1) YEAR OR THE PRECEDING SUBSCRIPTION PERIOD, WHICHEVER IS SHORTER, AND THE PER-UNIT PRICING DURING ANY RENEWAL PERIOD WILL BE THE THEN-CURRENT PRICE COMMUNICATED TO YOU BY US (INCLUDING BY POSTING ON OUR PRICING AND PAYMENT TERMS), UNTIL YOU CANCEL. Either party can give the other notice of non-renewal/cancel at least thirty (30) days before the end of a subscription period to stop a subscription from automatically renewing for an additional subscription period. The way you cancel depends on your payment method:

For iTunes Payments:

  1. Go to Settings
  2. Go to iTunes & App Store.
  3. Tap your Apple ID at the top of the screen.
  4. Tap View Apple ID. You might need to sign in or use Touch ID.
  5. Tap Subscriptions.B
  6. Tap MrOwl
  7. Use the options to manage or cancel your MrOwl subscription

For Google Play Store Payments:

  1. Go to the Google Play Store
  2. Search for "MrOwl"
  3. Go to the app store listing for MrOwl
  4. Go to "MANAGE SUBSCRIPTIONS"
  5. Select the MrOwl app
  6. Click "CANCEL SUBSCRIPTION"

For PayPal Payments:

  1. Go to PayPal.com
  2. Log in to your account
  3. Go to Settings
  4. Go to Payments
  5. Go to Manage Automatic Payments
  6. Click on MrOwl under Automatic Payments
  7. Click Cancel button
  8. Confirm by clicking Cancel Automatic Payments

You understand that you must cancel your subscription before it renews to avoid the billing of the next subscription fee to your designated payment method. Prices are subject to change.

  4.2 No Refunds

You may cancel your User Account at any time; however, there are no refunds for cancellation. If MrOwl suspends or terminates your User Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your User Account, or for anything else.

  4.3 Payment Information; Taxes

All information you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

We use a third-party payment processors, currently iTunes Payments, Google Play Payments, and PayPal ("Payment Processor"), to process payments you make in connection with the Service. Please see Payment Processor’s privacy statement available on its website for information on how Payment Processor collects and uses personal information. Payment must be received by Payment Processor before our acceptance of an order, and must use one of the payment methods accepted by the Payment Processor. We do not view or store your full credit card or other payment method information. For all payments, Payment Processor will collect your payment method details and charge your chosen payment method in connection with an order. You acknowledge and agree that we are not responsible for any breaches of credit card or other payment method security or privacy.

You represent and warrant that: (a) the account, order, and payment method information you supply to us or Payment Processor, as applicable, is true, correct, and complete; (b) you are duly authorized to use such payment method; (c) you will pay any charges that you incur in connection with the Services, including any applicable taxes; (d) charges incurred by you will be honored by your payment method company; (e) you will pay all charges incurred by you at the posted prices, including all applicable taxes, if any; (f) you will not allow anyone else to use your subscription; (g) you will not transfer your subscription or password to anyone else; and (h) you will report to us any unauthorized or prohibited access or use of your subscription or password.

If any of your account, order, or payment method information changes, you agree to promptly update this information, so that we or Payment Processor may complete your transactions and contact you as needed. We are not liable for any unauthorized use of your credit card, debit card, or other payment method by a third-party in connection with your use of the Service or your subscription.

  4.4 California Residents

The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

5. No Professional Advice

If the Service provides professional information (for example, medical, legal, or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

6. Text Messaging

MrOwl may send you notifications via text message for account verification purposes only (e.g., in the case of forgotten password). You certify that your mobile number provided is true and accurate. Standard data and message rates apply. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.

7. Privacy and Security

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate and/or anonymized data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.

MrOwl cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

8. DMCA Notice

Since we respect artist and content owner rights, it is MrOwl’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify MrOwl’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Service;
  4. Information reasonably sufficient to permit MrOwl to contact you, such as your address, telephone number, and, e-mail address;
  5. 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 law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn:
DMCA Notice
MrOwl, Inc.

Address:
6501 Americas Parkway NE, Suite 810
Albuquerque, NM 87110

Tel.: 505-348-8700

Email: copyright@mrowl.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES.

Please note that this procedure is exclusively for notifying MrOwl and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with MrOwl’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, MrOwl has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. MrOwl may also at its sole discretion limit access to the Service and/or terminate the User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

9. Third-Party Links and Information

The Service may contain links to third-party materials that are not owned or controlled by MrOwl. MrOwl does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and MrOwl’s Privacy Policy do not apply to your use of such sites. You expressly relieve MrOwl from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that MrOwl shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

10. Indemnity

You agree to defend, indemnify and hold harmless MrOwl and its subsidiaries, agents, licensors, managers, and other affiliated companies, 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) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

11. No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MROWL OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, MROWL, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

FURTHER, MROWL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MROWL WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MROWL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL MROWL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MROWL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL MROWL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO MROWL HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MROWL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

13. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

  13.1 Governing Law.

You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

  13.2 Arbitration.

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM MROWL. For any dispute with MrOwl, you agree to first contact us at dispute@mrowl.com and attempt to resolve the dispute with us informally. In the unlikely event that MrOwl has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Francisco County, California, unless you and MrOwl agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing MrOwl from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

  13.3 Class Action/Jury Trial Waiver.

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MROWL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

14. Additional Terms for Mobile Applications

  14.1 Mobile Applications

We may make available software to access the Service via a mobile device ("Mobile Applications"). To use any Mobile Applications, you must have a mobile device that is compatible with the Mobile Applications. MrOwl does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. MrOwl hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one MrOwl User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that MrOwl may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and MrOwl or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. MrOwl reserves all rights not expressly granted under this Agreement. If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Applications originates in the United States, and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications 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 Mobile Applications and the Service.

  14.2 Mobile Applications from Apple App Store.

The following applies to any Mobile Applications you acquire from the Apple App Store ("Apple-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and MrOwl, not Apple, Inc. ("Apple") and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to MrOwl as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to MrOwl as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, MrOwl, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and MrOwl acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

  14.3 Mobile Applications from Google Play Store

The following applies to any Mobile Applications you acquire from the Google Play Store ("Google-Sourced Software"): (i) you acknowledge that the Agreement is between you and MrOwl only, and not with Google, Inc. ("Google"); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) MrOwl, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to MrOwl’s Google-Sourced Software.

15. General

  15.1 Assignment.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MrOwl without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

  15.2 Notification Procedures and Changes to the Agreement.

MrOwl may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by MrOwl in our sole discretion. MrOwl reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. MrOwl is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. MrOwl may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.

  15.3 Entire Agreement/Severability.

This Agreement, together with any amendments and any additional agreements you may enter into with MrOwl in connection with the Service, shall constitute the entire agreement between you and MrOwl concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

  15.4 No Waiver.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and MrOwl’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

  15.5 Contact.

Please contact us at terms@mrowl.com with any questions regarding this Agreement.

16.Patents

MrOwl services are covered by U.S. Patent Nos. 9,904,732, 9,256,677, 9,195,756, 8,504,554, and 7,613,992, and other patents pending.

17. MrOwl Fortnite Giveaway Contest – Terms & Conditions

This contest is subject to the following terms & conditions (“T&C”), which can be changed by MrOwl Technologies, LLC, a Delaware, USA, Limited Liability Company (herein “MrOwl” or “Sponsor”) from time to time without notice to Contestant (as defined herein). Participation or submission of entry in the Contest shall be deemed explicit acceptance of the T&C by the Contestant.

  17.1 Definitions

  1. "Contest" means the MrOwl Fortnite Giveaway Contest
  2. "Contestant" means a participant who is eligible and chooses to participate in the Competition.
  3. "Judge" or "Judges" means the Judge or the panel of judges appointed by MrOwl in its sole discretion, who shall have final authority to declare the winners of the Competition. The decision of Judge shall be final and binding on the Contestant.
  4. "Prize" means the Vertagear Racing Series Gaming Chair (SL4000) for US only participants and the Fortnite V-Bucks given to the winners of the Contest by MrOwl.
  5. "Winner" means the contestants declared as winners by MrOwl.
  6. "Registered MrOwl User" is a person over the age of 13 who completes the registration process on MrOwl, including verifying their account, obtaining a MrOwl username and logging in to MrOwl.

  17.2 Eligibility

  1. This Contest is valid those who are aged 13 years and above. Those who are below the age of 13 are eligible to participate in the contest. They may ask their parents or legal guardians to participate in the contest.
  2. Prize eligibility:
    • The Vertagear Racing Series Gaming Chair prize is only for a US prize winner.
    • The Fortnite V-Bucks prizes are for any country prize winners
  3. The Judges, employees or agents of MrOwl and its marketing agencies, public relations agencies, family members or the relatives, are not eligible to participate in the Contest. Any such entry, even if successful, would be deemed inadmissible for this Contest.

  17.3 Contest Duration

The Contest will be held from May 3, 2019 to May 16, 2019

  17.4 Participation Fee

There is no fee for entry or participation in the Contest

  17.5 Contest, its features and procedure to participate in the Contest

  1. To participate in the Contest, contestant has to log on to https://gleam.io/0wLFv/mrowl-fortnite-giveaway and complete the actions below only via their computer to gain entries to this contest.
    • Register for MrOwl (+300 entries)
    • Grab @eknewitz Fortnite branch on MrOwl (+100 entries)
    • Grab another MrOwl Users’ Fortnite branch (+100 entries)
    • Share any MrOwl Fortnite branch on Twitter (+100 entries)
    • Comment on any MrOwl Fortnite branch and tell them what you like or what you’d like them to add (+100 entries)
    • Create a MrOwl branch on anything that you’d like with at least 5 pieces of content (+100 entries)
    • Retweet @ShareMrOwl on Twitter (+100 entries)
    • Follow @ShareMrOwl on Twitter (+50 entries)
    • Check out @MrOwlHQ on Facebook (+50 entries)
    • Share any MrOwl branch each day on Twitter for bonus entries (+100 entries per day)
    • Grab any MrOwl branch each day on Twitter for bonus entries (+100 entries per day)
    • Check out our Top Branches page each day for bonus entries (+100 entries per day)
    • Refer friends for 250 bonus entries (+250 entries per friend)
    • Complete 10 actions for 1,000 bonus entries
  2. Prize winners will be drawn at random from all eligible entries.
  3. The more entries, the more chances you have to win.
  4. When entering please use a primary email address, as that is how we will contact the winner.
    • All winners will be displayed on the @ShareMrOwl Twitter page within 72 hours of the giveaway ending, and also be contacted via email and on Twitter.
    • If there is no response to the notification from a prize winner within 3 days of notification, we will select a new prize winner.
  5. Contestant's entry will be valid only if they have a valid and verified MrOwl account.
  6. Contestant understands that mere participation in the Contest does not entitle the Contestant to win any prize.
  7. The results announced by MrOwl will be final and no correspondence in this regard will be entertained.

  17.6 Prizes

  1. Contestant will be eligible to win the contest only if all the terms and conditions mentioned herein are followed in full.
  2. For verification purposes MrOwl may ask the winner to produce additional documents to authenticate the age, ability to participate, address, and tax records.
  3. Any charge over and above the stated prize shall have to be borne by the winners themselves including without limitation travelling, prize collection/delivery charges, etc.
  4. Prizes shall be non-transferable. No Cash payment in lieu of the prizes shall be made. Winner shall have to bear all incidental costs, if any, that may arise such as transportation costs for the fulfilment of the prize.
  5. All applicable taxes/duties/levies such as applicable gift taxes on winning the prize shall be borne by the Winner. All deductions, withholding tax etc. wherever applicable, may be made by MrOwl as applicable before disbursement of Prize. It is the onus of the winner to inform MrOwl about their tax status and the applicable provision for taxation. The winner will indemnify and hold MrOwl harmless for any claims towards the winnings as per the prevailing laws of their country.
  6. All Prizes shall be subject to T & C and compliance with all applicable statutory legislations/ processes /formalities as may be applicable to specific Prizes. The Contestants are responsible for their individual compliance with the laws pertaining to their participation and winnings from the Contest.
  7. All prizes shall be subject to availability. In case a prize is unavailable, it may be replaced by equivalent prize as per the discretion of MrOwl.
  8. In no event will more than the stated number of prizes be awarded. If Sponsor suspects that an entrant attempted to obtain additional entries by using multiple MrOwl registrations, email addresses, identities or any other method, all entries submitted by the entrant may be declared null and void. Submission of Entry further constitutes your agreement agree to all terms of the MrOwl Fortnite Giveaway contest. Subject to applicable law, you waive any rights of privacy, intellectual property rights and other rights that may preclude Sponsor from using or disclosing your MrOwl post and related materials or information. You release MrOwl from any claims arising out of any use or disclosure of your MrOwl post consistent with these Official Rules. Acceptance of prize constitutes permission for the Sponsor and its agencies to use the winner’s name and/or likeness and/or Entry for purposes of advertising and trade without further compensation, including a winners’ list, unless prohibited by law. Claims may not be resolved through any form of class action. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any contest materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Sponsor not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prizes.

  17.7 Other Terms

  1. This Contest cannot be combined with any other offer or promotion currently being offered.
  2. MrOwl reserves the right to disqualify any Contestant if it has reasonable grounds to believe the Contestant has breached any of these terms and conditions. Any failure on the part of the winner to comply with directions issued by MrOwl, or in the event of any ambiguity / uncertainty / unavailability of the winner, MrOwl, in its own discretion shall be entitled to cancel the Prize(s) for the said winner(s). No correspondence in this regard shall be entertained. MrOwl’s decision shall be final, binding and non-contestable.
  3. Subject to applicable laws, Contestant hereby grant MrOwl by participating in the Contest and/or accepting a Prize, the right to use, in perpetuity the Contestant’s information, publish and display Contestant’s picture, posts, voice, video, statements, quotes which may be adapted, edited or modified, as solely determined by MrOwl for advertising, trade, publicity and promotional purposes in any media without notification or approval, all without any additional consideration.
  4. If for any reason the Contest cannot be held as planned, including without limitation any infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Competition, or for any other reason whatsoever, MrOwl reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Competition. Any failure by MrOwl to perform its obligations will be excused to the extent such performance is prevented due to reason of force majeure such as acts of God, explosion, labor dispute, failure of utilities, governmental interference or any other act or condition beyond the reasonable control of MrOwl. MrOwl shall not be liable for compensating for any financial loss arising out of such circumstances.
  5. MrOwl reserves the right at any time without prior notice to add, alter, modify, all or any of these terms and conditions or replace, wholly or in part, this contest’s rules and gratifications if any or withdraw this Contest altogether. Therefore, Contestants are advised to regularly check for any amendment(s) or update(s) to the T&C. No correspondence in this regard shall be entertained.
  6. Neither does MrOwl make any warranty that the Contest and or emanating results will meet your expectations, or the services will be uninterrupted, timely, secure, or error free.
  7. MrOwl will in no event be liable for any damages whether direct, indirect, special, incidental, or consequential arising out of the Contest or use of the prizes given through the Contest, In the event any disclaimer is held invalid, the liability of MrOwl under this Contest shall not exceed the value of lowest single prize.
  8. The Contestant hereby agrees and undertakes not to hold MrOwl and/or or any of their group entities or affiliates, their respective directors, officers, shareholders, owners, employees, agents, vendors responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses that the Contestant may/might have suffered, sustained or incurred, or claims to suffer, sustain or incur, by way of and /or on account of participation in the competition.
  9. All other standard Terms & Conditions mentioned on the Website would apply.
  10. In the event of any conflict between the terms and conditions herein, and any other information displayed on the website, including the FAQs, Terms of Service, and on a MrOwl branch, in relation to this competition, the terms and conditions herein shall prevail.
  11. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of New Mexico, USA. All disputes are subject to the exclusive jurisdiction of the courts of Albuquerque with the substantive laws of the State of New Mexico, USA.
  12. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Not responsible for faulty, incorrect, undeliverable or mis-transcribed phone/email transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer or mobile device related to or resulting from participating in or experiencing any materials in connection with the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer or mobile transmission that may limit a user's ability to participate in the promotion. Sponsor reserves the right to cancel or modify the promotion if fraud, misconduct or technical failures destroy the integrity of the program; or if other technical problem corrupts the administration or security of the program as determined by Sponsor, in their sole discretion. In the event of termination, a notice will be posted online and all eligible Entries received prior to termination will be included in the judging. In the event a dispute arises regarding the identity of the entrant, Entry will be deemed made by the person whose name appears on the MrOwl registration. Any entries which are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by Sponsor. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.
  13. Organizers reserve the right, at its sole discretion, to cancel, terminate, suspend this contest and modify the rules, prizes & funding related to the contest without prior notice. In no event shall the Organizers be liable for any claims, losses, expenses or damages, arising out of or in connection with the foregoing.
  14. By participating, each entrant agrees:
    1. to abide by these Official Rules and decisions of Sponsor, which shall be final in all respects relating to this Contest;
    2. to release, discharge and hold harmless Sponsor, affiliates, subsidiaries, advertising, and agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the foregoing (collectively, "Released Parties") from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant's participation in the Contest or the acceptance, possession, use or misuse of any awarded prize (or portion thereof); and
    3. to the use of his/her name, address (city,) photograph, image and/or other likeness for programming, advertising, publicity, trade and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.
  15. Except where prohibited by law, as a condition of participating in this Contest, entrant agrees that
    1. any and all disputes and causes of action arising out of or connected with this Contest, or prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest MrOwl headquarters in Albuquerque, NM;
    2. the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and
    3. judgement upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, whether foreseeable or not and whether based on negligence or otherwise, including attorneys' fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and entrant further waives all rights to have damages multiplied or increased.
  16. PRIVACY: Sponsor will be collecting personal data about Entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at https://www.MrOwl.com/privacyPolicy.jsp. By participating in the Contest, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

 

Effective: February 1, 2019