Terms for Munchies Rise
Vesey Studios, LLC
300 Vesey Street
New York, New York 10282
Last updated: June 4, 2020
Mandatory Arbitration. These Terms & Conditions contain a mandatory arbitration provision, as detailed below, that requires you to arbitrate, individually, all disputes or claims that you may have with us, our parent, or related parties (collectively, “Related Parties”) who are third-party beneficiaries of the mandatory arbitration provision. The mandatory arbitration provision also waives your right to participate in a class action or multi-party arbitration. There are two narrow exceptions to the mandatory arbitration provision: (1) you may opt-out by providing written notice of your decision to do so within thirty (30) days of the date that you first register on the Munchies Rise game; and (2) you may opt-out by filing a claim in Small Claims Court provided the requirements described below are met.
How Munchies Rise Works.
There is no cost to download or use Munchies Rise.
Create an Account. Before using Munchies Rise, you may be asked to create an account. You might be asked to provide complete and accurate information, including your legal name and actual birthday. Users are limited to a single account. Duplicate accounts may be deleted without notice and any points or in-game currency earned on a duplicate account will be forfeited.
In-game Currency. This game/app may include a secondary in-game currency and cannot be redeemed for real cash. The exchange rate of in-game currency for rewards is posted in the app and may change at any time. In-game currency can be refunded, adjusted, or deleted at our sole discretion.
Reward Substitution. Rewards may change from time to time. Should the originally advertised reward become unavailable, we reserve the right to substitute the reward with a reward of equal or greater value.
Uninstalling the App. If you choose to uninstall the Munchies Rise game, all data and progress will be lost. It is not possible to back up or save the data if the app is uninstalled on your mobile device.
Prohibited Activities. You may not: (i) tamper with, alter, or abuse the Munchies Rise game or use any robots, scripts, automation, or similar methods to undermine the operation of the Munchies Rise games; (ii) transmit harmful code or files such as worms, viruses, malicious scripts, or other destructive code; or (iii) have multiple accounts. Any attempt by any person to deliberately undermine the legitimate operation of the Munchies Rise game may be subject to civil action and face criminal prosecution under the law. (iv) Vesey Studios prohibits the use of emulators to access its apps. Any user accessing the app with an emulator or that we have reasonable cause to believe is using an emulator is subject to a permanent ban and deletion of their account at our sole discretion.
Age. You must be 13years or older to download or use the Munchies Rise game. We reserve the right to immediately terminate the access of anyone who we believe is under the age of 13.
Termination. We may terminate any user's account or access in full or part to any App or Game at our sole discretion without notice or reason. Termination may include, but is not limited to, account deletion, removal of the App or Game, and access to all offerings including points and rewards, content, and data within the App or Game. At our discretion, Munchies Rise may delete accounts that have been inactive for ninety (90) days or more and/or remove any accumulated points in whole or part from the user's account.
Arbitration/Dispute Resolution. You agree to arbitrate any and all claims arising out of or related to the Agreement. If you have a dispute concerning any aspect of the Agreement, including without limitation, your use of the game, participation in an offer, entitlement to a reward[or a telemarketing call or SMS/text message that you received from us or a Marketing Partner], you should first contact the Munchies Rise customer support on the game or complete a customer support ticket. We will attempt to resolve the matter to your satisfaction within thirty (30) days of our receipt of a customer support ticket. We may choose to provide you with a final written settlement offer during this process. If we provide you with a final written settlement offer and you don't accept it, if we can't otherwise satisfactorily resolve your dispute, or if you choose to skip this step, you must submit your dispute for resolution by arbitration before the American Arbitration Association ("AAA") in the county where you live by filing a separate Demand for Arbitration online by following the instructions at https://apps.adr.org/webfile/.
An AAA arbitrator will have exclusive authority to resolve any dispute or claims that you may have with us, an Offer provider [—and our Marketing Partners who are third-party beneficiaries of the mandatory arbitration provision—] arising out of or related to the Agreement. Matters subject to mandatory arbitration include, without limitation, whether this Arbitration/Dispute Resolution provision applies to your particular claim or dispute, and any claim that all or any part of the Agreement, including this provision, are/is unenforceable. If the claim is against us, you will need our mailing address to file online. To obtain our mailing address, contact us by clicking here.
Either party may submit the dispute for resolution by arbitration at a location reasonably convenient to both parties. If either party files for arbitration, it will be conducted in accordance with the then current AAA Consumer Arbitration Rules. If you proceed to arbitration against us, you will pay all AAA filing fees and we will pay for all administration and arbitrator fees unless the arbitrator determines that your claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If you initiate arbitration against us and the arbitrator awards you relief that is greater than our final written settlement offer made before an arbitrator was selected, then we will pay you a minimum recovery of Five Hundred Dollars ($500.00), plus we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing and pursuing the claim in arbitration.
Although under some laws we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we agree that we will not seek such an award from you. You and your attorneys are not required to keep the results of the arbitration confidential. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit.
Class Action Waiver. The arbitration provision contained in these Terms & Conditions does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement.
Exceptions to Mandatory Arbitration. There are two narrow exceptions to mandatory arbitration. First, you may opt-out of the Arbitration/Dispute Resolution provision by providing written notice of your decision within thirty (30) days of the date that you first download the App. To obtain our mailing address, contact us by clicking here.
Second, you may choose to pursue your dispute or claim in Small Claims Court rather than by arbitration but only if your dispute or claim qualifies for Small Claims Court in a location where jurisdiction and venue over both you and Vesey Studios is proper.
Other than these two exceptions, you must arbitrate any claims as provided above.
Agreement; Choice of Law/Jurisdiction and Venue. You agree that these Terms & Conditions constitute the agreement between us and that New York law controls, without regard to conflicts of law provisions. Any dispute that is not resolved by arbitration and proceeds in a state or federal court will be adjudicated in a court in the state of New York. You expressly waive any defense or objection to venue or personal jurisdiction.
Indemnity. You agree to indemnify and hold harmless Vesey Studios, it's partners, subsidiaries, officers, trustees, employees, contractors, and other affiliates from any and all liabilities, claims, damages, and losses made by third parties due to any violations of these stated terms of service or resulting from or out of the use of the Munchies Rise game.
License. The user has a limited, non-exclusive license to use the game, including software and any related content for personal, non-commercial use only. The license is non-transferrable and may be revoked at Vesey Studio’s discretion.
Intellectual Property. Unless stated otherwise, all content presented in the Munchies Rise game is the intellectual property of Vesey Studios. We own all the rights, titles, and interests associated with the Munchies Rise game, including the technology such as source and object codes and content. The content presented may only be used in the context of the Munchies Rise game. Misuse of any content or intellectual property displayed in the Munchies Rise game is prohibited and subject to criminal prosecution. The Munchies Rise game may be discontinued or modified at any time without notice. Vesey Studios is not liable to the user or any third parties for any suspension, modification, or discontinuance of the Munchies Rise game.
Third-Party Advertisements. Due to the nature of the game, you will encounter third-party advertisements and other content, as presented in the terms above. We are not responsible for and do not endorse the content displayed in any third-party ads. You agree to accept any and all third-party content presented in the game and will not attempt to block, cover, alter, or remove the material presented. This includes the use of other apps designed to block or suppress advertisements and other third-party content generated by the Munchies Rise game.
Accuracy, Availability, and Warranty. The Munchies Rise game is subject to change and is provided to you "as is" without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. We make no warranty that the activity and content relating to the Munchies Rise game will (i) meet your requirements; (ii) be uninterrupted, timely, secure or error-free; or (iii) be accurate or reliable. We assume no responsibility for any damage to your computer system or loss of data that may have resulted from material downloaded or otherwise obtained through activity relating to the Munchies Rise game. We assume no responsibility for the deletion of, or failure to store, email messages and any other personalization settings in relation to activity and content relating to the Munchies Rise game. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms & Conditions. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. We do not represent that your use of any content will not infringe the rights of any third parties.
Liability Release. By accessing the Munchies Rise game, you release us and our respective parents, subsidiaries, and other associated companies, and the directors, shareholders, officers, employees, or agencies of any of the above organizations, for any and all liability for any injury, death, loss, tax liability or damage of any kind arising from your participation in the Munchies Rise game, or resulting from acceptance, possession, use or misuse of any sponsor offer or reward.
Updates. We may revise these Terms & Conditions any time. Your continued use of the Munchies Rise game evidences your acceptance of any changes. If you do not accept any of the Terms & Conditions or this summary, we ask that you not complete our registration process or access the Munchies Rise game.