1. User Responsibilities
1.1. Acceptance of the Terms of Use
These terms of use are entered into by and between You and Markk Inc (“Company,” “We,” or “Us”). The following terms and conditions, together with any documents We expressly incorporate by reference, (collectively referred to as “Terms of Use”), govern your access to and use of getmarkk.com, apps, and any one of its subdomains or any domains controlled by our Company (collectively referred to as “App”), including any content, functionality, and services offered on or through App, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use our App. By using the App or by clicking to accept or agree to the Terms of Use when this option is made available to you, you agree that you have read, understood, accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the App.
This App is offered and available solely to individuals who must be at least 13 years of age or older. By using this App, you represent and warrant that you are at least 13 years of age or older and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the App.
We may revise and update these Terms of Use from time to time in our sole discretion without notice or liability. All changes are effective immediately when we post them and apply to all access to and use of the App thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the App.
Your continued use of the App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this App, so you are aware of any changes, as they are binding on you.
1.2. Duplicate Accounts
Each individual is only allowed to have one account. Duplicate accounts are prohibited and once detected, the Company reserves the right to terminate any or both accounts at the Company’s sole discretion. The Company’s failure or neglect to enforce any of its rights under this Term of Use will not be deemed to be a waiver of that or any other its rights.
1.3. Accessing the App and Account Security
We reserve the right to withdraw or amend this App, and any service or material we provide on the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App to users, including but not limited to the registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the App.
- Ensuring that all persons who access the App through your internet connection are aware of these Terms of Use and comply with them.
To access the App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete. You acknowledge and agree that Company may use information about you which Company obtains either directly from you or which it obtains by the nature of your use of the App for any legitimate business purpose.
If you choose or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
1.4. Termination of the account/ Membership
If you terminate your account/membership with us, all unredeemed points, redemption awards and promotional awards as well as member status will be forfeited immediately and may not be reinstated or transferred.
1.5. Bankruptcy
Subject to applicable law, an account and membership will terminate automatically upon the your or Company’s filing for bankruptcy or otherwise being subject to a bankruptcy proceeding.
1.6. Taxes related to the Points and Rewards
You are responsible for any tax liability and any related tax-return reporting obligations that may result from your rewards redemption and Points.
1.7 Prohibited Uses
You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App:
- In any way that violates any applicable federal, state, local, or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other countries.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To capture, send, knowingly receive, download, save, upload, print, use, re-use or otherwise retain information and content available on the App that does not comply with the Content Standards [https://www.getmarkk.com/dos-donts/] set out in the Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity including, without limitation, by using email addresses or screen names associated with any of the foregoing.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App, or expose them to liability.
Additionally, you agree not to:
- Use the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the App, including their ability to engage in real-time activities through the App. To ensure that users of the App do not engage in Prohibited Uses, the Company reserves the right to monitor the use of the App and reserves the right to revoke or deny access to users whose usage behavior exceeds normal limits, suggesting Prohibited Uses. The term “normal limits” shall be determined solely by the Company.
- Use any robot, spider, or another automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.
- Use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the App.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.
- Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise, attempt to interfere with the proper working of the App.
2. Company Points and Rewards
2.1. Points
Points are NOT your property. You can’t transfer points to any other person or account. Unless stipulated explicitly, Points cannot be transferred, exchanged or/and assigned in any form. Additionally, points can’t be transferred by operation of law, such as by inheritance, in bankruptcy or in connection with a divorce.
Any Company’s employees, contractors or affiliates may not be eligible to participate.
The Company reserves the right to change, add or remove any award types, and the methods by which users can earn and redeem points or other awards, for any reason and without notice to you, in its sole discretion and at any time. Eligibility requirements for all points program may change without prior warning. Be sure to check the Company app, or relevant pages on the Company App (www.getmarkk.com) for the most up-to-date information.
2.2. Minimum Point for Redemption
The lowest redeemable reward starts at 250 points and any points less than 250 points cannot be redeemed and converted to any other form. However, the limits will not apply to the first year of your use of the App calculated from the day you start getting points.
2.3 Cancelling, Suspending Accounts and Disqualifying Rewards
The Company may cancel your accumulated Points, suspend the benefits and status or/and deduct your Points if the member becomes inactive as described or the Company may cancel a member’s account at any time with immediate effect and without written notice, for any reason and in the Company’s sole discretion including, without limitation, if the Company believes the Member has:
- Acted in a manner inconsistent with applicable laws, regulations, ordinances;
- Acted in an inappropriate, fraudulent, abusive or hostile manner;
- Breached or violated any of the Term of Use;
- Fraudulently claimed eligibility to earn benefits through.
2.4 Ways to Earn Points
We offer different ways for you to earn Points as follows:
- Points for rating
- Points for Discovery a new location
- Points for “Going”
- Points for Campaigns
Rating
All ratings and associated points are subject to our reviews. Upon our sole discretion, any actions including but not limited to photos and videos may be removed from the systems if they are not qualified to earn the points. For example, photos or videos taken from outside the venues,doesnt add value to community or any inappropriate content or as selfies will NOT earn points . Therefore, we remove unqualified submissions and notify the users of the reasons.
Points for Discovery a new location
To reduce spam and negative reviews from malicious intent, we make efforts to ensure that our user is in fact at the location that he/she is rating. We automatically check the user’s location when he/she submits a new rating. We call this “Location Verification”. The posts that don’t meet the criteria are “Location Not Verified”. Users may dispute the system-generated verification by email to [email protected]. We have the right, upon sole discretion to manually verify or sustain the decision as “Location Not Verified”.
Points for “Going”
We are rewarding the influence. Subject to the terms indicated otherwise in this Term of Use, both the people who posts a rating (herein “Contributor”) and the people who views the rating, to which he/she responds by marking themselves as “Going”, and hereby goes to the same place and posts the rating within 24 hours (“Consumer”) will get bonus points. However, in the scenario that one Consumer views ratings from different Contributors and responds to all ratings by marking “Going”, the number of Points is only awarded to the last Contributor and Consumer.
Location Verification and Moderation of Ratings.
All ratings posted on Company are location-verified to ensure users are actually at the location when posting a rating, or have been at the location in the 6 hours prior to posting the rating.
Location verification is done automatically by the system, comparing the geolocation data of the venue associated with the rating, and the geo-location data of the user when posting the content.
Any rating that is “location not verified” implies the user was not at the venue, and will not be eligible for any points on Company. The user may communicate with the Company team using email ([email protected]) to dispute a location-not-verified rating. Company may override system-generated location-verification status and manually verify the user’s location. Users will be allocated points for such ratings which have been manually verified by Company. All decisions regarding Location verification made by Company are final. All ratings posted by Company are subject to moderation by Company moderators. Ratings can be reviewed and moderated (deleted from the Company platform) if the rating is deemed inappropriate due to nudity, foul language, racist, derogatory content or other improper language based on Company’s sole discretion. Ratings may also be moderated if the moderators do not deem the content suitable for the Company platform (e.g. pictures of road signs, outsides of venues etc.) and Users do not earn any bonus, badge or Going points for moderated ratings. All decisions made by Company regarding moderation are final.
Points for Campaigns
Points for Campaigns are the special bonus points given during campaigns. These points are time-restricted and subject to T&C of that campaign.
2.5 Not responsible for Acts, Errors, or Omissions
The Company is not responsible for (a) any loss or misdirection of, or delay in receiving, any Member application, correspondence, redemption requests, redemption awards or member benefits; (b) theft or unauthorized redemption of Points or redemption awards or use of a redemption award; (c) any acts or omissions of third parties; or (d) any errors, including, without limitation, any pricing or typographical errors, errors of description. The Company reserves the right to correct, without notice, any errors.
All redemptions are final. No refunds or substitutions can be made following the redemption.
2.6 Rewards
The Company does not guarantee the quality of service or product of anything that is listed. All complaints, or issues with any of the rewards offered must be taken up with the respective brand. The Company does not have any formal association with brands listed as affiliates or otherwise and Company has no ownership or control of intellectual property related to the brands.
Rewards mapped to respective points can be changed anytime at the discretion of the Company without any notice. Rewards are applicable to residents of the USA who are at least 18 years of age.
The Company may provide following top prize upon its sole discretion:
The top prize of business class tickets
- Return flight tickets for 2 shall be provided with flights originating from the USA
- Choice of the airline will be at the discretion of Company
- The hotel will be the discretion of the Company
- Stay will cover charges only 6 for nights stay including breakfast. All other personal expenses are not covered
- Visa and other travel need to be taken care of by passenger
Include similar points for staycation and Catalina islands
All rewards are sold as is without any warranties. If an experience redeemed through the rewards program becomes unavailable, the Company reserves the right to offer a similar experience or refund the points redeemed by the Member. A reward or components of an experience redeemed, may not be transferred, re-sold, assigned, re-marketed or otherwise disposed of without obtaining our prior permission. If any tries to sell their rewards we can forfeit their account and all points may be forfeited without any refund. You understand that extra points may be rewarded due to the system problem, we have the right to deduct/adjust them in the future. If points were less, we will investigate and adjust the points as needed. Brands included in rewards do not imply any endorsement, sponsorship, or affiliation between Company and such entity. We are not responsible for any harm caused by using products listed in our rewards. Redemption of gifts may be online and offline both – we will soon be introducing the redemption flow in the app – if a user wishes to claim a reward before that they must write to [email protected]
2.7. Rewards for users outside the USA
All Rewards offered are country specific.You are eligible for the rewards of your country of residence. A user traveling across countries can earn points for rating across the globe. The Rewards can be claimed only from their country of residence.Rewards mapped to respective points can be changed anytime at the discretion of the Company without any notice.
2.8 Badges Terms
Users can earn badges on Company by being frequent contributors to ratings. Company badge levels are based on the number of ratings done by users, as specified in the Points table on getmarkk.com/points. Explorer badge levels are based on the number of unique places rated by users, as specified in the Points table on getmarkk.com/points. Regular badge levels are based on the number of continuous weeks actively posts ratings on the app. Users must rate at least 2 different places in a week between Mon to Sunday to be considered active for the week. Moderated or location-not-verified ratings are NOT eligible and will not be counted for any of the badges.
3. USER CONTRIBUTIONS
The App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter “post”) content or materials (collectively “User Contributions”) on or through the App.
Any User Contributions you post to the site will be considered non-confidential and non-proprietary. By providing any User Contributions on the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the App.
4. Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.
- Terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES DURING OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the App and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
5. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing enough procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP LINKED TO IT.
YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
6. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY APPS LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
7. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to, your User Contributions, any use of the App’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the App.
8. Governing Law and Jurisdiction
All matters relating to the App and these Terms of Use, and any dispute or claim arising therefrom or related thereto in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the California without giving effect to any choice or conflict of law provision or rule whether of the California or any other jurisdiction.
In any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the App, you agree to submit to the exclusive jurisdiction of, the state and federal courts sitting in Los Angeles, California and waive any jurisdictional, revenue, or inconvenient forum objections to such courts although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
9. Arbitration
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
10. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
11. Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
12. Entire Agreement
The Terms of Use constitute the sole and entire agreement between you and Company regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.
13. Your Comments and Concerns
This App is operated by Markk Inc., located at 700 Flower St, Suite 1000, Los Angeles, CA 90017.
All other feedback, comments, requests for technical support, and other communications relating to the App should be directed to: [email protected].