Updated December 9, 2019
These Terms of Service ("Terms") apply to your access and use of MCrowdsourcing Canada (MC2) Inc., hereby referred to as “MC2”, “we”, “us" and the "Service"). Please read them carefully. MC2 Inc. provides a mobile and text messaging (the "Texts") activity tracking and rewarding service for Users who register accounts through the Site (hereinafter the Texts and Site shall be collectively referred to as the "Service"). The Service requires that Users have a valid cellphone number and carrier contract allowing the receipt of text messages for as long as Users choose to subscribe to and use the Service.
Accepting these Terms
If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, we ask that you please the Terms. If you don't agree to all of the Terms, you will unfortunately not be able to use our Service. Also, if a Term does not make sense to you, please let us know by emailing info@playmc2.com.
Changes to these Terms
We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.
Whenever we make changes to these Terms, the changes are effective one business day after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check MC2 for changes to these Terms.
If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.
Privacy Policy
For information about how we collect and use information as part of the Service, please check out our privacy policy.
Third-Party Services
From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party's own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.
Creating Accounts
When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.
If you discover or suspect any Service security breaches, please let us know as soon as possible.
Your Content & Conduct
Our Service allows you and other users to post, link and otherwise make available content. You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness.
When you post, link or otherwise make available content to the Service, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Service. We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself.
Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through the Service.
You can remove the content that you posted by deleting it. Once you delete your content, it will not appear on the Service, but copies of your deleted content may remain in our system or backups for some period of time. We will retain your deleted content and web server access logs as long as necessary for MC2 to provide these services to you.
You may not post, link and otherwise make available on or through the Service any of the following:
- Content that is libellous, defamatory, bigoted, fraudulent or deceptive;
- Content or behaviour that is abusive and contrary to basic human dignity, such as, but not limited to, trolling, bullying and hate speech;
- Content that is illegal or unlawful, that would otherwise create liability;
- Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
- Mass or repeated promotions, political campaigning or commercial messages directed at other users;
- Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and
- Viruses, corrupted data or other harmful, disruptive or destructive files or code.
Also, you agree that you will not do any of the following in connection with the Service or other users:
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
- Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;
- Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.
In order to unsubscribe from the Service, Users must text STOP to the sending SMS number or email MC2 at unsubscribe@playmc2.com.
MC2 Materials
We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content) as well as our code. This property is owned by us and/or our licensors and is protected by Canadian and international copyright laws. We grant you the right to use it.
However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you perform any of these activities, we may terminate your use of the Service.
User Data and Content
User Comments
MC2 currently does not offer public comment functionality. However, when we implement this functionality Users must abide by the following rules and requirements:
Users must either register an account with MC2 or use a social media integrated login in order to comment publicly on the Site;
MC2's community rules (below) apply to all comments. MC2 Inc. periodically moderates comments. We reserve the right to block commenters, remove or amend comments, and to remove user accounts entirely at our discretion, and/or for reasons including, but not limited to, violation of our Terms of Service;
By posting comments to the Site, you hereby grant to MC2 a non- exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sub-licensable right to use, copy, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, the comments for any purpose to the extent permissible by applicable law;
Additionally, you grant MC2 and its subsidiaries the right to use your username in connection with said comments, subject to:
MC2's Privacy Policy
Notwithstanding the related provisions in our Privacy Policy, comments submitted by you are deemed non-confidential and Mcrowdsourcing Canada (MC2) Inc. is under no obligation to treat such comments as proprietary information. Without limiting the foregoing, Mcrowdsourcing Canada (MC2) Inc. reserves the right to display the comments as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post them.
Community Rules
No pornography, or depictions of sexual activity This includes images containing the explicit display of sexual organs especially intended to stimulate erotic feelings, full or partial nudity, any depiction of sexual activity, softcore or hardcore pornography. This includes links posted in comments. No hate speech or abusive content. Racism, sexism, slurs, personal attacks, death threats, suicide requests or any form of hate speech is not tolerated. This includes hate speech or abuse in usernames, as well as images and comments.
No Advertising, SPAM, or other links to commercial websites There's too much SPAM on the Internet already - don't add to it.
No Location Information / Doxing
Do not post your or another individual's street address or any information that may lead another user to discover your real address. Users should include no information that makes them publicly identifiable.
Hyperlinks and Third Party Content
You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
MC2 makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.
The Service may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.
Giveaways
MC2 may offer giveaways ("Promotions") to Users in order to encourage engagement with the platform. The following general rules ("Rules") apply to all Promotions MC2 conducts, and Users agree to be bound by these rules:
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN MC2'S PROMOTIONS. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Promotion Period: Any Promotion period MC2 establishes is subject to change.
Sponsors: MC2 may partner with third-party sponsors ("Sponsor") for each Promotion, or may itself be the sole Sponsor. Eligibility: Unless otherwise stated, Promotions are only open to Canadians. Officers, directors and employees of any Sponsor (if applicable), the judging organization (if applicable) or any other party associated with the development or administration of a Promotion, and the immediate family (i.e., parents, children, siblings, spouse) and persons residing in the same household as such individuals, are not eligible for any Promotions. Void Where Prohibited: Promotions are void where prohibited or restricted by law. Residents of any province or jurisdiction in which this Promotion constitutes a lottery, game of chance or otherwise unlawful game, contest or sweepstakes are ineligible to enter or win this Promotion and are responsible for ensuring that the Promotion is legal in their jurisdiction before entering any such Promotion.
Promotion.
Submitted Information: All entrant information, including email addresses and mobile numbers, is subject to the Privacy Policy of the Promotion's Sponsor and, if applicable, MC2's Privacy Policy.
By entering a Promotion, all entrants fully and unconditionally agree to be bound by these Rules and the decisions of the Promotion's Sponsor, which will be final and binding in all matters relating to a Promotion. Sponsors reserve the right to disqualify any entrant for any reason, in their sole and absolute discretion.
Winner Selection: Winners of each Promotion will be selected at random from all valid entries as of the drawing date, which will be set forth by MC2 and/or the Promotion's Sponsor. The odds of winning depend on the number of eligible entries received for a particular Promotion.
Winner Notification: The winner of each Promotion will be notified by email and/or telephone. If the winner cannot be contacted, does not respond within three (3) days from the date the Sponsor first tries to notify him/her, or the notification is returned as undeliverable, such winner will forfeit all rights to the Promotion prize and an alternate winner may be selected. If four (4) winners have so forfeited their rights to the prize, the Sponsor reserves the right to revoke the prize entirely. Upon contacting a winner and determining that he/she has met all eligibility requirements of a Promotion, including, without limitation, the execution of required waivers, publicity and liability releases and disclaimers, such individual will be declared the winner of said Promotion.
" Winner ".
Taxes: All federal, provincial and/or local income and other taxes, if any, are the Winner's sole responsibility and will not be paid by Mcrowdsourcing Canada (MC2) Inc. It is the Winner's responsibility to ensure tax compliance and payment and Mcrowdsourcing Canada (MC2) Inc. is not responsible for any failure by Winner to pay any applicable taxes.
Ownership: All entry materials become the property of the Sponsor and will not be acknowledged or returned.
No Transferability: No prize or any portion thereof is transferable or redeemable for cash. Any portion of said prize that is not used will be forfeited. Prizes cannot be substituted except by the Sponsor.
Consent & Release: By entering a Promotion, each entrant releases and discharges the Promotion's Sponsor, Mcrowdsourcing Canada (MC2) Inc., the judging organization (if applicable), and any other party associated with the development or administration of said Promotion, their parent, subsidiary and affiliated entities, and each of their respective officers, directors, members, shareholders, partners, employees, independent contractors, agents, representatives, successors and assigns, from any and all liability whatsoever in connection with the Promotion.
Disclaimers: Entries that are lost, late, misdirected, incorrect, garbled or incompletely received, for any reason, including by reason of hardware, software, browser or network failure, malfunction, congestion or incompatibility with a Sponsor's servers or elsewhere, will not be eligible. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the email address submitted. The Promotion's Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the Promotion's landing page. Use of bots or other automated processes to enter Promotions is prohibited and may result in disqualification at the sole discretion of the Promotion's Sponsor and/or Mcrowdsourcing Canada (MC2) Inc.
Geographic Restrictions
The owner of the Service is based in the City of Ottawa, located in the Province of Ontario in Canada. We make no claims that the Site, Service, or any of its content is accessible or appropriate outside of the Canada. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the Canada, you do so on your own initiative and are responsible for compliance with local laws and cellphone service provider rates and terms of service.
Limitation of Liability
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL MC2 BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO MC2. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
Governing Law
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the province of Ontario and Canada, without regard to conflicts of law principles.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of Ontario and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Ontario located in Ottawa, Ontario, in connection with any such dispute including any claim involving Service. You further agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.
Copyright Complaints
We take intellectual property rights seriously. In accordance with the Copyright Modernization Act and the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and, at our sole discretion, access to the service for users who are deemed to be repeat infringers.
Termination
If you breach any of these Terms, we have the right to suspend or disable your access and for repeat offender we also reserve the right to ban you from rejoining the Service.
Entire Agreement
These Terms constitute the entire agreement between you and MC2 regarding the use of the Service, superseding any prior agreements between you and MC2 relating to your use of the Service.
Feedback
Please let us know what you think of the Service. When you provide us with any feedback, comments or suggestions about the Service, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.