Terms and Conditions

 

MVP Circle is a social networking service that allows users to share and have access to nightlife stories. Users can also create unique player profiles and circles online in order to find and communicate with other members and show off their player profiles and circles to the world. The MVP Circle Website includes all aspects of MVP Circle, including but not limited to any MVP Circle branded URL (the "MVP Circle Website"),MVP Circle videos, photographs, blogs, player profiles, chatroom, forums, store, bar reviews, and any other MVP Circle features, content, or applications offered from time to time by MVPCircle.com in connection with the MVP Circle Website. (collectively, the "MVP Circle Services"). The MVP Circle Services are hosted in the U.S. 

IMPORTANT! PLEASE READ CAREFULLY. These Terms of Use constitute a legal agreement between you and MVP Circle and spell out the terms and conditions to which users of any MVP Circle Website are expected to adhere. Please read it carefully before using the MVP Circle Website, because by clicking "I Agree" or by using this website, you agree to be bound by the terms set forth here, as well as (i) the terms of our Privacy Statement (ii) Copyright Policy and (iii) any supplemental terms of the applicable website, all of which are hereby incorporated by reference into these Terms of Use (collectively referred to as the "Agreement"). If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not use the MVP Circle Website. These Terms of Use apply to the MVP Circle Business and MVP Circle. These include mvpcircle.com; mostvaluableplayersclub.com; mvpsocial.com and any other sites at which these Terms of Use appear. You are only authorized to use the MVP Circle Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you wish to become a Member, communicate with other Members and make use of the MVP Circle Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the MVP Circle Services.  By using the MVP Circle Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the MVP Circle Website) or you are a "Member" (which means that you have registered with mvpcircle.com). The term "User" refers to a Visitor or a Member. These Terms of Service apply to all users of the MVP Circle Website, including users who are also contributors of video content, information, and other materials or services on the Website.

These Terms of Use may be modified by MVP Circle at any time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon MVP Circle's posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Use indicates your acceptance of the modification. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

 

The contents of MVP Circle, including all Sites, are intended for the personal, noncommercial use of its users. All materials published on MVP Circle (including, but not limited to blogs, articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the "Content")) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by MVP Circle or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through MVP Circle. 

 

The MVP Circle Website is protected by copyright as a collective work and/or compilation, pursuant to Canadian copyright laws, international conventions and other copyright laws. Except as may be otherwise provided, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, or dissemble, or in any way exploit, any of the Content, software, materials, Sites or Service in whole or in part. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from MVP Circle. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted. For further details regarding MVP Circle copyright issues, please visit MVP Circle’s Copyright Policy. 

 

You agree that any information, feedback, questions, comments and/or submissions to any of the Player Profiles, Circles, Public Forums or the like that you provide to MVP Circle in connection with any Site or our Service ("Submissions") will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain MVP Circle’s property. MVP Circle has no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that MVP Circle is free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to MVP Circle by you.

 

E. Forums and Discussions

 

MVP Circle makes available forums, message boards, and/or news groups to its users ("Public Forum(s)"). You shall not upload to, or distribute or otherwise publish through a Public Forum any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use your best judgment and be respectful of other individuals using the Public Forums. You agree not to use vulgar, abusive or hateful language. Public Forums within the Site and the Services available therein are provided to give our users an interesting and stimulating forum in which they may express opinions and share ideas. MVP Circle does not endorse the opinions placed on these Public Forums. You acknowledge that any Submissions may be reproduced, published, transmitted and displayed by MVP Circle in any manner.

 

The Public Forums are used by you only in a noncommercial manner. You cannot, without the express approval of MVP Circle, use the Public Forums to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Websites or online services that are competitive with MVP Circle and the Services. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type.

While we do not and cannot review every message posted by users in the Public Forums and are not responsible for the content of any of these messages, MVP Circle reserves the right to delete, move or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms of Service, or are abusive, defamatory, obscene or otherwise unacceptable. You remain solely responsible for the content of your messages.

 

 

The MVP Circle Website may contain links to third party websites that are not owned or controlled by MVP Circle. MVP Circle has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MVP Circle will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve MVP Circle from any and all liability arising from your use of any third-party website. Accordingly, MVP Circle encourages you to be aware when you leave the MVP Circle Website and to read the terms and conditions and privacy policy of each other website that you visit.

G.  MVP Circle User Accounts

 

 

You grant MVP Circle the irrevocable right to use your content for any purpose, including but not limited to the right to reformat it, edit it, publish it (e.g. on the MVP Blog), associate it with your account name, incorporate it into other works, create derivative works from it, distribute it, and promote it. You grant MVP Circle’s users and the users of any Other Media the irrevocable right to access your Content in connection with their use of MVP Circle. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to your content.

 

MVP Circle and its licensees may display advertisements and other information adjacent to or included with your content on the Website. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

 

Although MVP Circle will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MVP Circle or others due to such unauthorized use. Please choose carefully the information you post on MVP Circle and that you provide to other Users. Your MVP Circle profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other mvpcircle.com Members (for instance, in their Player Profile or Circle) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MVP Circle assumes no responsibility or liability for this material. If you become aware of misuse of the MVP Circle Services by any person, please contact MVP Circle and you can report any appropriate content.

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify MVP Circle immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

 

     iv. Eligibility

Use of and Membership in the MVP Circle Services is void where prohibited. By using the MVP Circle Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the MVP Circle Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
v. Term

This Agreement shall remain in full force and effect while you use the MVP Circle Services or are a member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. MVP Circle may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

You may only order MVP Circle products if, and you hereby represent and warrant that, you are domiciled in Canada or the United States and you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to the Company. You agree to pay all applicable taxes. If payment is not received by MVP Circle from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any products purchased through this Website for commercial purposes.

 

Among other things, the Company provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by the Company in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. 

All prices displayed on the Website are quoted in Canadian Dollars. The Company may restrict delivery to addresses within the United States and Canada. The Company will add shipping and handling fees and applicable sales/taxes as necessary. The Company reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the website without incurring any obligation to you. Products displayed on the Website are available while supplies last. The receipt by you of an order confirmation does not constitute the Company’s acceptance of an order. Prior to the Company’s acceptance of an order, verification or information may be required. The Company reserves the right at any time after the receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from the Company, for any reason. The Company reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, the Company shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchased and your order is canceled, the Company shall promptly issue a credit to your credit card account in the amount of the incorrect price.     

Subject to the restrictions in these Terms of Use, MVP Circle grants you permission to use the Website, including the ability to: (a) create a player profile and create a circle(s), (b) chat on instant messenger (I.M.), (c) read, write, and comment on reviews about nightclubs, (d) announce what you are doing (e.g. “shout” feature), (e) post messages or comments on the Website, (f) send messages to other Users, and (g) invite people you know to register with MVP Circle. 

MVP Circle reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the MVP Circle Services at any time, for any or no reason, with or without prior notice, and without liability.

MVP Circle does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the MVP Circle Services. After posting your Content to the MVP Circle Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the MVP Circle Services, you hereby grant to MVP Circle a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the MVP Circle Services, including without limitation distributing part or all of the MVP Circle Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the MVP Circle Website. This limited license does not grant MVP Circle the right to sell or otherwise distribute your Content outside of the MVP Circle Services. After you remove your Content from the MVP Circle Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the MVP Circle Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the MVP Circle Website as soon as practicable after you make the change.

MVP Circle may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of MVP Circle violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. MVP Circle assumes no responsibility for monitoring the MVP Circle Services for inappropriate Content or conduct. If at any time MVP Circle chooses, in its sole discretion, to monitor the MVP Circle Services, MVP Circle nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

L. Member Disputes.

You are solely responsible for your interactions with other MVP Circle Members. MVP Circle reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.

K. Privacy

 

Use of the MVP Circle Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. 

L. Your Use of Content on the MVP Circle

 

MVP Circle does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MVP Circle expressly disclaims any and all liability in connection with User Submissions. MVP Circle does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MVP Circle will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights or contravenes any applicable privacy legislation. MVP Circle reserves the right to remove Content and User Submissions without prior notice.

O.  Account Termination Policy

MVP Circle will terminate a User's access to its Website if, under appropriate circumstances, the User is determined to be a repeat infringer.

MVP Circle reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. MVP Circle may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

P.  Copyright Policy

MVP Circle operates a clear copyright policy in relation to any User Submissions that are alleged to infringe the copyright of a third party. 

 

THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. MVP CIRCLE MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE WEBSITE. MVP CIRCLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM MVP CIRCLE OR CAN CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.

MVP CIRCLE DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF MVP CIRCLE OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.

MVP CIRCLE FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.

MVP CIRCLE ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH MVP CIRCLE RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND THEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

MVP CIRCLE'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO MVP CIRCLE IN CONNECTION WITH THE SITE IN THE 12 (TWELVE) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) CANADA $100.00.

 

Dissatisfaction. If you are dissatisfied with the Website, please let us know by providing feedback to the MVP Circle staff through our contacts page. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms of Use, (iii) any policy or practice of MVP Circle in operating the website, or (iv) any content or information transmitted through the website, is to terminate the Terms of Use and close your account. If you would like your content to be taken down the Website, please let us know and we will take it down. 

V. Language

 

Please contact us in the Contact Section of the MVP Circle Website with any questions regarding this Agreement.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.