THE FINE PRINT.
TERMS & CONDITIONS
PARTICIPATION AND OUR SERVICE
- Registering with MOOD is limited to natural persons only; no corporation, trust, partnership or other entity may hold membership in the Platform;
- As a customer with MOOD you must enroll individually in your full legal name and such person may have only one open Account at any given time. A customer may open only one Account. Registration is solely for the benefit of the individual; therefore, it must be maintained in the name of an individual;
- Member accounts are personal and cannot be assigned, traded, or otherwise transferred without the prior written consent of MOOD or otherwise in accordance with the Terms and Conditions of this Platform, as may be amended from time to time. Any assignment or transfer in violation of these rules will be void and may, at the sole discretion of MOOD, result in the loss of membership or the cancellation of the member account, as the case may be;
- To make purchases on MOOD, an individual must sign up for our Platform and will then be issued an account for the sole purpose of purchasing products from the various merchants, vendors, and brands on the platform.
- MOOD assumes no liability whatsoever, including without limitation, liability for any expense, loss, cost, injury, damage, accident or any other matter or thing whatsoever, however suffered or caused (including compensatory, incidental, indirect, special, punitive, consequential or exemplary damages or damages for loss of income or profits), directly or indirectly arising out of or related to the Platform or by reason of the termination of or amendment to the Platform in whole or in part, the addition or deletion of reward partners or other features with or without notice;
- The use of an account is a privilege which can be revoked by MOOD in its sole discretion at any time and without compensation for any reason including without limitation, for abuse or breach by a Member of any of the Terms and Conditions of the Platform or any other actions deemed by MOOD, acting in its sole discretion, to be contrary to MOOD, the MOOD Platform or the interests of its Members or merchants, brands, or marketing agencies;
- MOOD shall be under no obligation to continue the Platform or to provide any notice of its termination;
- Each Member shall be responsible for advising MOOD of any change of their name, mailing address, e-mail address or any other required membership enrollment data. Neither MOOD nor its Sponsors shall be liable for misdirected communications such as mail or e-mail or any consequences thereof;
- MOOD nor any of its Sponsors shall be responsible for any failure of the www.getmood.co website or for any problems or technical malfunction of a telephone network or lines, computer online systems, servers, access providers, computer equipment, software, failure of any e-mail, online or Internet entry. In addition, neither MOOD nor its Sponsors shall be responsible due to technical problems, traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to any computer or property related to or resulting from participating in or downloading any material relating to the Platform. MOOD reserves the right, at its sole discretion, to cancel or suspend this Platform should a virus, bug or any other cause beyond the reasonable control of MOOD corrupt the security or proper administration of the Platform. Any attempt to deliberately damage any website or to undermine the legitimate operation of the Platform is a violation of criminal and civil laws, and should such an attempt be made, MOOD reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution; and
- You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify MOOD of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. MOOD will not be liable for any loss or damage arising from your failure to comply with this Section.
- To participate in the Platform and make purchase, you must become a Member of the MOOD Platform. Membership is absolutely free and no purchase is required in order to become a Member;
- To register, you must have a valid address, a valid e-mail address and be 14 years of age or older;
- Participating merchants, brands, and marketing agencies for the Platform, and the full address of each participating merchant, are available at www.getmood.co;
- By registering and creating an account on MOOD, you consent to receive our e-newsletter as well as other communications containing special offers from MOOD or it’s partners;
- MOOD does not collect personal information on its website from individuals it actually knows to be under 18 years of age. The Platform is not marketed to or directed towards children under 18 years of age. If you are under 18 years of age please do not disclose or provide any personal information. If MOOD discovers such information, it will delete the child’s personal information from its records. If for any reason MOOD believes a user may be under the age of 18, it reserves the right to request proof of age of such user. If such proof is not provided, or if it is discovered the user is under the age of 18, all personal information regarding that individual shall be deleted from the MOOD system and MOOD reserves the right to limit and/or ban the user from membership in the Platform and from www.getmood.co;
DISPUTES AND DISCREPENCIES
In the event of a dispute or discrepancies of any kind, including purchases, refunds, pricing, and shipping, MOOD holds the sole discretion in determining the true amount owed and payable. It will be the sole responsibility of the Member to ensure that any discrepancies be brought to the attention of MOOD within 24 hours of the date that the Member notices such discrepancies, otherwise the discrepancies will be deemed null and void.
LOST, FORGOTTEN, OR STOLEN PASSWORD
- Should your password to your Member account be lost, forgotten, or stolen you must notify MOOD immediately by contacting our Customer Care department (firstname.lastname@example.org) within 24 hours of the password’s theft, or lost. Once MOOD is made aware of a lost or stolen password, we will flag the member account as lost or stolen and the member account, and the membership associated with the Account, will be rendered inactive. A new account may be provided at MOOD’s sole discretion. MOOD is not responsible for any purchases made by a third party using a lost or stolen account or password;
- If you have a lost or stolen password, a replacement account may be issued at MOOD’s sole discretion.
- Any account that has been cancelled for any reason becomes void without compensation. All monies associated with a cancelled account shall be deemed void and null.
TERMINATION, CHANGES, AND BREACH
MOOD may at any time make changes to these Terms and Conditions, in addition to changes to any aspect of the Platform including monies earnings and redemption procedures all without notice. For current Terms and Conditions and other Platform details and information, visit www.getmood.co/terms.
CONDITIONS OF USE
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not MOOD, are entirely responsible for all content that you upload, post, email or otherwise transmit via the Service, and for all activities and events that you facilitate via the Service. Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for direct commercial endeavors.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by MOOD, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service, if any. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited.
MOOD will not be liable in any way for any content posted by third parties (including Sponsors, Merchants, Brands, or Marketing Agencies) or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that MOOD does not pre-screen content, but that MOOD and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
These Terms and Conditions constitute the entire agreement between you and MOOD regarding your participation in the Platform, your entitlement to earn and redeem monies and your entitlement to any other benefits of the Platform, and supersede all previous versions. Except as expressly contained in these Terms and Conditions, there are no conditions, representations, warranties, express or implied, statutory or otherwise. When you deal with MOOD or its Sponsors over the Internet, you consent to the formation of contractual relations through electronic communications. MOOD has the final authority as to the interpretation of these Terms and Conditions and as to any other questions or disputes regarding the Platform.
INDEMNITY AND RELEASE
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOOD EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MOOD MAKES NO REPRESENTATIONS AND WARRANTIES THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY