Please read the following Terms of Use (these “Terms”) carefully before using the Morty Technologies Inc. (“Morty”, “we,” “our,” or “us”) website, located at morty.app or participating in any online features, products, services and/or programs offered by us, including our website and mobile applications, and our Business Dashboard (collectively, the “Web Properties”). These Terms apply to all of our Web Properties.
These Terms do not apply to any other web page or mobile application operated and/or owned by anyone other than Morty and its affiliates, including, but not limited to, any website, mobile application, social media site, or other material. When visiting these third party websites and other properties, you should refer to the terms and conditions in effect for that website or property.
These Terms include important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and provisions that govern the procedure, jurisdiction and venue of any disputes. By accessing or using the Web Properties, you are entering into a legal contract with us regarding your use of the Web Properties. You agree to be bound by these Terms and all additional terms incorporated by reference. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Properties.
Unless you are a consumer and opt-out as set forth in Section 22 below, you further agree to the arbitration and dispute resolution and waiver of class action, mass action and jury trial provisions in Section 22 below.
Sites and Accounts. Our Web Properties are available for use by individual consumers (“Consumers”) to research, review and reserve Escape Rooms and other forms of experiences (“Attractions”) and for owners and operators of Attractions (“Operators”). “Consumer Account” means the account a Consumer creates to access or use the Web Properties for your personal purposes to book Attractions. “Business Account” means the account an Operator creates to access or use Web Properties, specifically the Business Dashboard and Partner Program set forth in the Additional Terms below; an Operator that registers a Business Account is a “Business User.” “Account” means any Consumer Account or Business Account; “User” refers to both Business Users and Consumers. Business Users that use our dashboard or register for the Partner Program agree to the Additional Terms for Business Users set forth below.
Convenience and Information Only. Morty, and the Web Properties it provides, are designed to allow Consumers to research, review, and reserve Attractions and Business Users to offer and manage bookings at their Attractions and to promote their Attractions. Subject to these Terms, we hereby grant you a non-transferable, non-exclusive, limited license to use and access the Web Properties for your personal, non-commercial use or, if you are a Business User, for your internal business purposes in offering, managing and promoting your Attractions. The Web Properties are provided to you as a convenience and for your information only. By merely providing you access to and use of the Web Properties, we do not warrant or represent that: (a) any statement, documents, images, graphics, logos, designs, audio, video, or any other information provided from or on the Web Properties (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes made by a third party; (f) your access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to comments or questions asked through the Web Properties is or will be accurate or complete.
Web Properties Use and Content.
(a) Use of the Web Properties. The ownership of the Web Properties, Content, and all rights therein are and will remain with Morty. You may view, copy or print a single copy of any page from the Web Properties for non-commercial purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information, images or other Content from the Web Properties without our express, prior written consent. Any special rules for any software, downloads, and other items accessible through the Web Properties may be included elsewhere in the Web Properties and are incorporated into these Terms by reference.
(b) Restrictions on Use. You may not: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Web Properties; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Web Properties, or any aspect of them, except as expressly permitted by us; (iii) decompile, reverse engineer, jeopardize the correct functioning of the Web Properties, or disassemble the Web Properties, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Web Properties, except as may be permitted by applicable law; (iv) cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Web Properties, or unduly burdening or hindering the operation and/or functionality of any aspect of the Web Properties; (v) attempt to gain unauthorized access to or impair any aspect of the Web Properties, or the related systems, servers, or networks; (vi) use the Web Properties for resale, time-sharing or other similar purposes; (vii) use the Web Properties to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; (viii) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or (ix) use any portion of the Web Properties or any Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity.
Updates. We may make changes to the Web Properties, the Content or these Terms or stop providing any of the Web Properties and/or the Content at any time and without further notice to you. We will make an effort to update the Web Properties with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Web Properties after such posting constitutes your consent to be bound by the Terms, as amended.
Privacy and Electronic Communication. We know that privacy is important to you, and it is important to us as well. Personal data that you provide will be handled in accordance with our Privacy Notice located at https://link.morty.app/privacy-notice. By using the Web Properties, you consent to receive electronic communications from us unless you follow applicable opt out procedures. We will communicate with you by email, mobile push notifications, in-app messages, or by posting notices on our Web Properties. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. By submitting your phone number, you are consenting to receive text messages from us. You can opt-out at any time by texting "STOP".
Account Security. To access certain features of the Web Properties, we may require that you sign up using online or social media account information (such as Facebook or Google), and/or your email address and a password to create an Account. We use reasonable precautions to protect the privacy of your username, password, and Account information. However, you are ultimately responsible for protecting your username, password, and Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies, if any. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. You agree to provide current, complete and accurate purchase and account information for all purchases made using our Web Properties. You agree to promptly update your Account and other information, including your email address, phone number, and credit card numbers and expiration dates, so that we, and our third party service providers, can complete your transactions and contact you as needed. You agree that you are solely responsible for activity that occurs under your Account. We are entitled to act on all instructions received by anyone using your Account, and we reserve the Right to pursue any and all claims against any user of your Account.
Objectionable Material. You acknowledge that, in using the Web Properties and accessing the Content and User Content (as defined herein), you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Web Properties at your sole risk and that we will have no liability to you for material that may be disturbing, objectionable or offensive to you.
Not Intended for Children and Other Age Requirements. The Web Properties are not intended or designed to attract children under the age of thirteen (13). You affirm that you are at least eighteen (18) years of age, or are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Disclaimers.
(a) No Warranties for Web Properties or Attractions. When using the Web Properties, information will be transmitted in such a way that may be beyond our control. Accordingly, we make no warranty concerning the delay, failure, interruption, or corruption of any data, Content, User Content, or any other information transmitted in connection with the use of the Web Properties, the Business Dashboard, Partner Program or any Attraction. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES, BUSINESS DASHBOARD, PARTNER PROGRAM OR ATTRACTIONS IS AT YOUR SOLE RISK. THE WEB PROPERTIES, BUSINESS DASHBOARD, PARTNER PROGRAM, THE CONTENT, THE USER CONTENT, ATTRACTIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEB PROPERTIES, THE CONTENT, THE USER CONTENT OR ANY SERVICES OR FEATURES OFFERED IN CONNECTION WITH THE WEB PROPERTIES, BUSINESS DASHBOARD, OR ATTRACTIONS ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ACCESSIBLE ON OR THROUGH THE WEB PROPERTIES, BUSINESS DASHBOARD, PARTNER PROGRAM OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES, BUSINESS DASHBOARD, PARTNER PROGRAM OR ATTRACTIONS AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEB PROPERTIES.
(b) Indemnification. You agree to defend, indemnify, and hold harmless Morty and our directors, officers, employees, agents, successors and assigns from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) asserted, assessed, or incurred by us or any third party, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; (iv) your violation of any law or the rights of a third party; (v) any dispute or issue between you and any third party; (vi) any User Content you upload to, or otherwise make available through, the Web Properties; (vii) your willful misconduct; and (viii) any other party’s access to and/or use of the Web Properties using your Account and password. Morty reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defense of that claim.
(c) Attraction Information and Restrictions. Morty is a third party reservation service through which you, and other users, may reserve sessions at Attractions. The Content on the Web Properties may contain information respecting various Attractions, including, without limitation, themes, photos, time to completion, pricing, scheduling and availability, materials, and difficulty level (“Attraction Information”). We do not guarantee the accuracy of any Attraction Information listed on the Web Properties or otherwise presented by Morty, which may or may not be provided directly by the applicable Operator. An Operator that registers a Business Account is a “Business User” as defined in Section 1. Morty will not be responsible for any loss or damage resulting from your reliance on Attraction Information, nor for ensuring that your experience conforms to the Attraction Information.
(d) Morty’s Role. Unless otherwise stated in the contract between Morty and the Operator, Morty is not the organizer or owner of the Attractions listed for sale or registration on the Web Properties. Morty provides the Web Properties, which allow Operators to list and promote their Attractions, but all sales are, by default and in origin, made by the respective Operator listed on the applicable event page. The Operator has the sole obligation to ensure that any Attraction Information and the nature and conduct of the Attraction meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in any Attraction posting are actually delivered in a satisfactory manner.
(e) Verify Data. You are responsible for verifying the accuracy of data that you transmit using the Web Properties, and we will have no obligation to verify the accuracy of that data. While we reserve the right to review any and all Content you submit, including User Content and Attraction Information made available through the Web Properties, you will remain responsible for such Content. Your use of the Web Properties is subject to the additional disclaimers and caveats that may appear throughout the Web Properties.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEB PROPERTIES, THE CONTENT, THE ATTRACTION INFORMATION AND/OR THE USER CONTENT PROVIDED IN CONNECTION WITH THE WEB PROPERTIES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB PROPERTIES, THE CONTENT, THE ATTRACTION INFORMATION AND/OR THE USER CONTENT PROVIDED ON OR THROUGH THE WEB PROPERTIES OR THE ATTRACTIONS . IN ADDITION, WE WILL NOT BE LIABLE FOR ANY NEGATIVE REPERCUSSIONS TO ANYONE BASED ON THE USE OF OR INABILITY TO USE THE WEB PROPERTIES, INCLUDING, BUT NOT LIMITED TO, ANY LOST GOODWILL OR LOST PROFITS. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE WEB PROPERTIES, THE CONTENT, ATTRACTION INFORMATION AND/OR ANY USER CONTENT OR THE ATTRACTIONS. WE ARE NOT RESPONSIBLE FOR (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT OR USER CONTENT OR ATTRACTION INFORMATION; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE CONTENT OR USER CONTENT OR ATTRACTION INFORMATION; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES AND ATTRACTION YOU RECEIVE USING THE WEB PROPERTIES AND THE CONTENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM ONE STATE OR JURISDICTION TO ANOTHER.
Payment And Reservations.
(a) General. Users who wish to reserve an Attraction through Morty will be required to make payment through Morty. Additionally, certain products or services offered on the Web Properties may be subject to fees charged by Morty or one or more Operator, which will be identified at the point of purchase of such products or services. We may use a third party service provider to process any payments. When you make a payment, we will transfer you to a secure network provided by our third party processor through which all transactions are processed. Payments are processed, and your payment information is stored, securely by our third-party payment processor; Morty does not store your full payment card number and retains only limited payment information, such as card type and the last four digits of your card number. You agree to promptly update your Account and other information, including your email address, phone number, and payment method details, so that we (and our third party service provider) can complete your transactions and contact you as needed in connection with your transactions. You understand and acknowledge that Morty may adjust the pricing for its products and services in the future and that you will be charged such adjusted fees on a going forward-basis after notice to you from us.
(b) Payment and Billing Information. By providing your credit or debit card information (or other payment method accepted by Morty from time to time) when you sign up, whether for a one-time purchase or for ongoing services, and as updated from time to time on your Account page, if applicable (your “Payment Method”), you (i) authorize Morty and/or our third-party payment processor to charge your Payment Method; and (ii) represent that any payment information you provide is true and accurate. If your Payment Method cannot be authorized or is otherwise in error, we may suspend or cancel your order. In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method. We are not responsible for any fees incurred by you when charging or retrying your Payment Method, including but not limited to, overdraft fees. You can update or change your Payment Method and other billing and payment account information by visiting your Account page on the Web Properties. Changes made to your billing account will not affect charges that we submit to your billing account before we could reasonably act on your changes to your billing account. Your Right to use any services is subject to limits established by Morty and/or by the issuer of your Payment Method.
(c) Reservations. Users may use Morty in order to reserve experiences from Morty’s Operators. In response to a user’s online request for a reservation, Morty contacts the Operator’s computerized database, and, only after the reservation has been entered into the Operator’s database, will that Operator and/or Morty send electronic confirmation to the user. Absent such confirmation, no reservation has been created, and the user should contact the Operator and/or Morty directly by email or other electronic messages as agreed to by the user.
(d) In the event a user wishes to cancel a reservation made through Morty, that user may be required to do so in accordance with the Operator’s cancellation policy, which will be disclosed when the reservation is made. Morty may place a hold on the user’s debit or credit card used to make the reservation, and shall have no liability for any charges made to that debit or credit card account arising out of a user’s failure to cancel a reservation in accordance with the Operator’s cancellation or rescheduling policies.
(e) Refunds and Credits. For Attraction reservations, cancellations and refunds are governed by the applicable Operator’s cancellation and refund policy, which will be disclosed when the reservation is made. For memberships purchased through an app store (such as the Apple App Store or Google Play), refunds are governed by that app store’s refund policies; refunds for memberships purchased anywhere else are at our discretion. Except as provided above, in a particular offer from us, or as required by law, purchases are final and non-refundable. We may also, in our sole discretion, issue a credit and/or refund to your Account.
(f) Memberships. We may offer paid or free memberships that provide discounts or other benefits on purchases made through the Web Properties. Membership pricing, billing frequency, renewal, and cancellation terms will be presented at the time of purchase. Unless otherwise stated at purchase, memberships automatically renew until cancelled, and you may cancel at any time through your Account settings or the app store through which you purchased the membership, effective at the end of the then-current billing period.
(g) Reward Programs and Gift Certificates. We may offer users benefits, including a loyalty program where frequent users of Morty can enjoy discounts for their continued use, and a referral program, providing discounts to users who refer new users to Morty. We may also offer gift certificates that can be purchased and used at multiple Attractions across a specific geographic area. Any such rewards programs and gift certificates shall be subject to a separate agreement between and among Morty, its users, and the Operator(s).
Third Party Content and Third Party Applications. We may provide hyperlinks to other websites maintained by third parties, like individual Escape Room sites or social media networks like Facebook and Instagram, or we may provide third party Content on the Web Properties that we think will be relevant to our users (collectively, “Third Party Content”) by framing or other methods. In addition, the Web Properties may include certain applications, features, programs and services provided by third parties (collectively, “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications, including, without limitation, the Attraction Information described above. The links to third party websites, any Third Party Content, and any Third Party Applications are provided for your convenience and information only. The Content on any linked website or in any Third Party Application is not under our control and we are not responsible for the Content of linked websites and/or Third Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third Party Content or Third Party Application, which at all times and in each instance is provided “as is.” If you decide to access any of the third party websites linked to the Web Properties, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk. If a third party links or refers to the Web Properties, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us.
Intellectual Property. The Content of the Web Properties is intellectual property owned, controlled and/or licensed by us and/or our affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. No portion of the Content and/or User Content may be reproduced in any form or by any means, except as provided in Section 3 (Web Properties Use and Content) and elsewhere in these Terms. We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed by us on the Web Properties. All trademarks and service marks of Morty that may be referred to on the Web Properties are the property of Morty or one of our affiliates. Other parties’ trademarks and service marks that may be referred to on the Web Properties are the property of their respective owners. Nothing on the Web Properties should be construed as granting, by implication, estoppel, or otherwise, any license or Right to use any of our, or our affiliates’, trademarks, service marks, logos, or copyrighted materials without our prior written permission.
Users, including Consumers and Business Users may also have comments, suggestions or other feedback about our Web Properties (“Feedback”). Users hereby grant to Morty a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable, perpetual and irrevocable license, in any and all manner and media, whether now known or hereinafter invented, to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of and otherwise use the Feedback for any and all commercial, promotional, marketing, promotional and development purposes.
Copyright Complaints. We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. We will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). Under the DMCA, a copyright owner may file a takedown notice with an online service provider of an alleged copyright infringement. During this process, the service provider responds by taking down the alleged infringing Content, and takes reasonable steps to contact the owner of the removed Content so that a counter-notification may be filed, if appropriate. If a valid counter-notification is filed, we typically will restore the Content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. We may provide copies of such notices to the affected parties or to any other third parties, at our discretion and as required by law. Our Privacy Notice does not apply to any information contained in these notices.
When notifying us of potential infringement, you must include the following:
A provider of content subject to a claim of infringement may make a counter-notification. To file a counter-notification with us, please provide the DMCA Agent with a written communication containing the following:
We will promptly provide the party that provided the notice of alleged infringement with a copy of the counter-notification, and inform the complaining party that we intend to restore the removed or disabled Content within ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled Content. Until that time, your Content will remain removed or disabled.
Notice of alleged infringement must be sent by electronic mail to our DMCA Agent, Andy Bauch, at [email protected], or by certified mail and marked “Copyright Infringement”, Attn: DMCA Agent at Morty.
Before filing a notice of copyright infringement, you must make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.
Interactive Services and User Content Policy.
(a) We offer certain features of the Web Properties designed to facilitate interaction between you, Morty, and other users of the Web Properties, including, but not limited to, the comment and review sections located in designated areas of the Web Properties (collectively, the “Interactive Services”). You agree to use the Interactive Services in full compliance with all applicable laws and regulations. You shall be solely responsible for your comments, opinions, statements, feedback, suggestions, messages, comments, ideas, notes, and other Content that you (i) you submit or post on the Web Properties; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Snapchat, and Pinterest, which are tagged with #Morty or any other Morty-related or promoted hashtag or properties (collectively, “User Content”). We do not Claim ownership in your User Content. However, by submitting any User Content in any form to Morty, in addition to other provisions of these Terms, you automatically grant Morty its affiliates, successors and assigns, a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable and assignable Right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such User Content for any purpose, in any form, media or technology, whether now known or hereafter developed, including, without limitation, displaying and promoting such User Content on the Web Properties, in marketing materials, and through third-party distribution channels, in each case by Morty and/or its affiliates, successors and assigns without further notice to you, or consent from you, and without any requirement to pay anything to you or anyone else. You will not have or obtain any rights in or to any form, media, or technology incorporating any of your User Content. You also grant to Morty and its affiliates, successors and assigns the non-exclusive right to incorporate your User Content into other works in any form, medium or technology, whether now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights that may exist in that User Content. By submitting or posting User Content on the Web Properties, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you also represent and warrant to Morty that either you own all rights in your User Content or all third party holders of rights in your User Content have validly and irrevocably granted to you the Right to grant the rights and licenses set forth above.
(b) Please remember that, even if we review your User Content, you will be solely responsible for your User Content and the consequences of posting or publishing it. We do not endorse any User Content or any opinion, recommendation, or advice expressed on or through the Web Properties, and we expressly disclaim any and all liability in connection with User Content. You acknowledge that Morty, our site moderators and our agents reserve the Right, in our sole discretion, to refuse, move, and/or remove User Content available on or through the Web Properties that, in our judgment, does not comply with these Terms and any other rules of user conduct applicable to our Web Properties, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such User Content. You represent and warrant that neither your User Content nor your uploading, publishing or otherwise making available your User Content nor Morty’s use of your User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that you will not provide any User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, invasive of another’s privacy, infringing of another’s intellectual property rights, unlawful, or otherwise offensive, as determined by Morty in its sole discretion.
Acceptable Use. You agree not to use the Web Properties in any way, provide User Content or engage in any conduct that:
(a) is unlawful, illegal or unauthorized;
(b) is defamatory of any other person;
(c) is obscene, sexually explicit or offensive;
(d) advertises or promote any other product or business;
(e) is likely to harass, upset, embarrass, alarm or annoy any other person;
(f) is likely to disrupt our Web Properties in any way; or
(g) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(h) infringes any copyright, trademark, trade secret, or other proprietary right of any other person; or
(i) advocates, promotes or assists any violence or any unlawful act.
You further agree not to:
(j) Publish and/or make any use of the Web Properties on any website, media, network or system other than those provided by us, and/or frame, “deep link,” “page scrape,” mirror and/or create a browser or border environment around any of the Web Properties (or any part thereof);
(k) Use any “robot,” “spider” or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Web Properties (or any of its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Web Properties to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Web Properties;
(l) Purchase search engine or other pay-per-click keywords (such as Google AdWords), or domain names that use our name or trademarks and/or variations and misspellings thereof;
(m) Impersonate any person or entity or provide false information on the Web Properties, whether directly or indirectly, or otherwise disguise your identity or the origin of any message or transmittal you send to us and/or any of our other visitors or users;
(n) Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that we or any third party endorse you, or any statement you make;
(o) Reverse look-up, trace or seek to trace another user of the Web Properties, or otherwise interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Web Properties without their express and informed consent;
(p) Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Web Properties or the account of another user or any other systems or networks connected to the Web Properties, by hacking, password mining, or other illegitimate or prohibited means;
(q) Probe, scan or test the vulnerability of the Web Properties or any network connected to the Web Properties;
(r) Upload to the Web Properties or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive or invasive code or component;
(s) Take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the Web Properties or our systems or networks connected to the Web Properties, or otherwise interfere with or disrupt the operation of the Web Properties, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies or regulations of such servers or networks; or
(t) Use the Web Properties in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters,” “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising.
We reserve the right, but do not have the obligation, at our sole discretion to edit, delete, remove or block any User Content that violates these Terms, including without limitation, this Section 16. In addition, we reserve the right at our sole discretion to terminate any user's access to the Web Properties if they violate this Section 16 or any other provision of these Terms.