Introduction
These terms and conditions constitute a legally binding agreement between you and Metabev™, and govern your use of the Metabev™ website and mobile application software (individually and collectively, the “Service”), regardless of the device upon which, or media format in which, the Service is rendered, accessed or used. The Service are owned by Metabev LLC.
DO NOT ACCESS OR USE THE SERVICE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THIS AGREEMENT.
NOTIFICATION OF ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION, AS SET FORTH BELOW.
The METABEV™Terms & Conditions and Privacy Policy are incorporated into one another by reference and are referred to individually and collectively as the “Agreement.”
Your visitation, registration for an account, access and/or use of the Service constitutes your acceptance of this Agreement (as defined below). You agree that METABEV™ may modify the Agreement at any time without prior notice to you. Such modification shall be effective immediately upon the first of the following events to occur: (1) posting of the modified Agreement to the Service, or (2) upon otherwise notifying you of the modified Agreement. You agree to periodically review the terms and conditions set forth in this Agreement to ensure that you are aware of any modifications.
By accessing or otherwise using the Service, you agree to do business with Metabev™ electronically. By agreeing to do business electronically, you (i) consent to the electronic communication and delivery of all documents related to the Service and all other goods and services provided via the Service; and (ii) your access or other use of the Service legally binds you to this Agreement.
Definitions
“Personally Identifiable Information” means any information that identifies a natural person, such as name, Social Security Number or other government-issued number, date of birth, address, telephone number, biometric data, or the like that can be used by or on behalf of Metabev™ to identify a specific person. It does not include information that is anonymized, encoded, aggregated, or publicly available information that has not been combined with non-public personal information.
“Person” means (except with respect to “Personally identifiable information”) a natural person, entity, association or organization, unless otherwise specified.
“User” or “you” or “your” refers to any and all natural persons, entities, associations and/or organizations who visit, create an account with, access or use this Service in any way imaginable, whether through existing technology or through technology not heretofore manufactured, devised or discovered, or who request, purchase, subscribe to, access, or otherwise use the goods or services offered on this Service.
Security
You agree keep to your password confidential and not to distribute it or otherwise allow anyone other than you to access your account. Your password is the key to all of the information in your account.
Any communication you make on this Service or over the Internet, whether sent via email, via a form on the Service, or a message board, etc., should be regarded as an insecure communication, unless we explicitly state on a particular page that you can expect the communication to be secure or encrypted.
You agree to take reasonable steps to prevent unauthorized access to the Service, including by protecting your passwords and other log-in information. You will notify Metabev™ immediately if you know of or suspect unauthorized use of the Service or breach of its security.
In using the Service, you will comply with all applicable laws, including laws governing the protection of personally identifiable information and other laws applicable to the protection of your Content.
You are responsible and liable for: (a) your use of the Service, including unauthorized conduct and conduct that would violate the Authorized Use Policy (“AUP”) or the requirements of this Agreement; and (b) any use of the Service through your account or passwords, whether authorized or not.
Your Content & Privacy
You irrevocably grant Metabev™ permission to access, process and otherwise use your Content (as defined below) in order to provide products and/or services to you, to track and analyze your use of the Service, and make your Content available to other users of the Service and other third parties, and for the purposes as otherwise set for in the Metabev™ privacy policy. To the extent that you have intellectual property rights in your Content, you hereby irrevocably grant to Metabev™ a nonexclusive, worldwide, perpetual, royalty-free, fully-paid up, sublicensable (through multiple tiers), transferable license to reproduce, publicly display, publicly perform, distribute, prepare derivative works from and otherwise use your Content for the purposes outlined in this Agreement. You agree, represent and warrant that your Content does not constitute or embody any person’s or entity’s confidential information, including yours. (“Content” means text, images, photos, audio, video and/or audiovisual data or information, and all other forms of data, information or communication. The phrase “your Content” means Content submitted or transmitted by you.).
You represent and warrant that you own your Content and that submitting or transmitting your Content to or through the Service will not violate the rights of any third party, including intellectual property, privacy or publicity rights. Metabev™ is under no obligation to review or screen your or other Service users’ Content. If you believe that another user has violated any of your intellectual property rights, you may initiate the procedures outlined in Metabev’s™ policy concerning claims that Content accessed through the Service infringes intellectual property rights as set forth below.
You agree that Metabev™ may process and use your personally identifiable information in the manner set forth in its privacy policy. The privacy policy applies only to the Service and does not apply to any third party website or service linked to the Service or recommended or referred to through the Service by METABEV™ or other Service users.
YOU UNDERSTAND AND AGREE THAT SHARING CONTENT ONLINE INVOLVES RISKS OF UNAUTHORIZED DISCLOSURE OR EXPOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION AND THAT, IN SUBMITTING YOUR CONTENT TO OR TRANSMITTING IT THROUGH THE SERVICE, YOU ASSUME THESE RISKS.
Metabev™ disclaims all liability for the accuracy of any Content submitted to or transmitted through the Service by you or another user, including without limitation your Content.
You agree that you will not rely on the Service or Metabev™ for backup or storage of your Content. Metabev™ may retain your Content even if you are no longer using the Service but is not required to provide copies of your Content to you. Metabev™ may permanently delete or erase your Content or suspend your access to your Content through the Service at any time and for any reason.
Metabev™ may use, reproduce, sell, publicize and otherwise exploit Aggregate Data in any way, in its sole discretion, and as otherwise provided in its privacy policy. (“Aggregate Data” refers to your Content with personally identifiable information removed.).
You consent to receive email and/or text messages from Metabev™ in connection with your use of the Service. Standard text messaging charges required by your mobile carrier will apply to text messages we send you. You may request removal of your personally identifiable information through the procedures set forth in our privacy policy.
Your Responsibilities & Restrictions
The Service and services offered are not available to persons under the age of 18. You will not: (a) provide Service passwords or other log-in information to any third party; (b) share non-public Service features or Content with any third party; or (c) access the Service in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Service, or to copy any ideas, features, functions or graphics of the Service. If Metabev™ suspects that you have violated the requirements of this Agreement Metabev™ may suspend or terminate your access to the Service without notice, in addition to all other remedies Metabev™ may have. Metabev™ is not obligated to take any action against you or any other Service user or other third party for violating this Agreement, but Metabev™ is free to take any such action it sees fit.
Cross-Border Export of User Data
You irrevocably consent and agree that Metabev™ may export any and all of your personally identifiable and non-personally identifiable data and information outside of your country of residence and/or country of collection to the United States and other countries in which METABEV™ operates for uses consistent with this Agreement and the Metabev™ privacy policy.
Refusal & Termination of Service
Metabev™ reserves the right to terminate or refuse service to anyone, at any time, for any reason or no reason at all, without prior notice, including, without limitation, for violating any provision of this Agreement.
Export Control
You may not use or otherwise export or re-export the Service and/or its content, except as authorized by United States law. The Service and its content may not be exported or re-exported (i) into (or to a national or resident of) any U.S.-embargoed country, (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, or (iii) to anyone on the U.S. Department of Commerce’s Table of Denial Orders. You represent and warrant that you are not a resident or national of any such country on any such list, and are not located in, under the control of, acting on behalf of or in concert with, a resident or national of any such country or on any such list.
License to Use the Service
Metabev™ grants to you, subject to the terms of this Agreement, a limited, non-transferable, non-sublicensable, non-exclusive, terminable-at-will license to use the software, content and documentation which it owns or of which it is a licensee for the limited purposes accessing, exploring and using the Service in real time in a manner consistent with the terms of the Agreement.
Intellectual Property Rights in the Service
Unauthorized duplication or attempt to revise, adapt, modify, decompile or reverse engineer the Service, in whole or in part, or of any plans, designs, specifications, data or content made available from the Service (except as expressly authorized herein), is a violation of the U.S. Copyright Act of 1976.
Copyrights
Unless otherwise stated, METABEV™is the sole and exclusive owner of the copyright interests in and to the Service, and is the owner or a licensee of the content hereon, including, without limitation, all “works” as defined in the Copyright Act of 1976, text, graphics, images, video material, audio material, audiovisual material, and other content, regardless of media format, whether now existing or hereafter arising (“Copyright Material”). The Copyright Material is protected by United States law and international treaties. You may display and download portions of the Service solely for your own personal, non-commercial use. You agree not to change or delete any proprietary notices from materials downloaded from the Service. All other uses, including, without limitation, the reproduction, copying, modification, distribution, sale, lease, transmission, republication, performance, display, or any commercial use of the content on the Service is strictly prohibited by law.
Trademarks
META™, META™ & Design, METABEV™, METABEV™ & Design, TASTE FOR THOUGHT’S SAKE™, NPHAZE™, VIBE™, BLISS™, RAVE™, RAGE™, BLISS™, CHILL™, LOVE™, FLOW™, METAQUILA™ AND™ METAHARD™ are trademarks, trade names, or service marks of METABEV™(individually and collectively the “Trademarks”). The Trademarks may not be used in any manner by any person or in connection with any product or service, without the prior written consent of an authorized representative of METABEV™. All other trademarks, service marks, and trade names are the property of their respective owners and are used on this site by virtue of a right or license from their respective owners.
Notice and Procedure for Making Claims of Copyright Infringement
Notice of Claimed Infringement
Pursuant to 17 U.S.C. § 512, claims of copyright infringement must be submitted to the following designated agent:
Hank Fasthoff
Fasthoff Law Firm PLLC
21 Waterway Ave., Suite 300
The Woodlands, Texas 77380
hank@fasthofflawfirm.com
To be effective, the notification must be a written communication that includes the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) A reasonably detailed description of the alleged infringing material, or, if multiple copyrighted works are alleged to be infringing, a representative list of such works on this website;
(iii) A reasonably detailed description of where the alleged infringing material is located on this website;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notice
If you believe that your content that was removed pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:
(i) your physical or electronic signature;
(ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(iv) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Montgomery County, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Ideas & Submissions
Metabev™ values and encourages feedback. Pursuant to Metabev’s™ policy, however, we do not accept or consider creative ideas, suggestions, or materials. If you choose to send any creative submissions to us, whether at Metabev’s™ request, or despite our request that you do not send submissions to us, then you hereby irrevocably assign and transfer to Metabev™ any and all rights, throughout the universe, in and to each submission (including the individual elements of each submission), without any compensation therefore, including, without limitation, all domestic and foreign copyrights, trademark rights (and goodwill appurtenant thereto), patent rights, trade secret rights, know-how, and all other intellectual property rights and other rights, whether now existing or hereafter arising. To the extent moral rights may not be assigned or transferred, you hereby irrevocably waive enforcement of any and all moral rights. Metabev™ shall be entitled to complete unrestricted use of the submissions and all content, data and information contained therein for any purpose, whether commercial or otherwise, without compensation to, or recognition or acknowledgment of, the author(s) or provider(s) of the submissions.
User Representations & Warranties
You represent and warrant that you are at least 18 years of age and have reached the age of majority in the location where you reside. You further represent and warrant that you possess the legal right and ability to enter into this Agreement and to use the Service in accordance with this Agreement. You agree to be financially responsible and otherwise responsible for your use of the Service, and to comply with your responsibilities and obligations as stated in this Agreement. You further represent and warrant that you have provided, and will provide true, accurate, current and complete information about you as requested by the forms available on this Service, including, without limitation, complete and accurate information about any and all necessary or desired dietary restrictions you have or may have. You further represent and warrant that you shall maintain and update your information to keep it secure, true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Metabev™ has the right to terminate your account and refuse any and all current or future use of the Service.
You further represent and warrant that you will not provide to us the name, address, email address, phone number, or other personal identifying information of any person under the age of 13. Violation of this provision is grounds for immediate termination of your account and access, and immediate cancellation of any orders, goods, and services offered hereunder.
Acceptable Use Policy
The Metabev™ Services (as defined in the Terms & Conditions) may be used only for lawful purposes. The transmission, storage, routing, or presentation of any information, data or material in violation of any applicable local, state, or federal law or regulation, or in violation of Metabev’s™ Acceptable Use Policy (“AUP”) is strictly prohibited. Examples of such information, data, or material include unauthorized use of copyrighted works, trademarks, trade secrets, or the dissemination of harmful, abusive or fraudulent content. Any conduct by any visitor or user that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Metabev’s™ products or services is strictly prohibited. Using the Metabev’s™ Services to perform, or solicit the performance of, any illegal activity is also strictly prohibited.
In addition to the forgoing, the following uses are strictly prohibited, and all users agree not to engage in such conduct, directly or indirectly:
Governing Law, Jurisdiction, & Venue; Arbitration
All uses of the Service, and all content contained herein, including, without limitation, any disputes arising under or related to this Agreement, shall be governed by and interpreted pursuant to the laws of the State of Texas and the United States of America without regard for (i) conflicts of laws principles, (ii) the 1980 United Nations Convention on Contracts for the International Sale of Goods, as amended, or (iii) other international laws . All disputes arising under or relating to the Agreement and/or your visitation, access or use of the Service, shall be submitted to and resolved by binding arbitration in Montgomery County, Texas, and any award shall be confirmed exclusively in the courts situated in Montgomery County, Texas. You further irrevocably agree and consent to the exclusive jurisdiction and venue of the courts situated in Montgomery County, Texas for the purposes of reviewing, confirming or otherwise relating to any arbitration award, and you hereby expressly waive jurisdiction and venue in any other forum for such purposes. Any arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all findings of fact and conclusions of law, and shall be kept confidential and not disclosed for any purpose except as required by law, e.g., disclosure to tax advisors for the purpose of filing a tax return. Any such arbitration shall include a written record of the arbitration hearing.
WAIVER OF CLASS ACTION/JURY TRIAL
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS OR PARTIES IN ARBITRATION, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO FILE ANY SUCH CLAIM OR PARTICIPATE IN ANY PROCEEDING IN ANY SUCH CAPACITY. YOU FURTHER HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS METABEV AND ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS, AND EACH OF THE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, ATTORNEYS, INSURERS, AGENTS AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, THE “INDEMNIFIED PARTIES”), FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, LOSSES, CAUSES OF ACTION, COSTS, ATTORNEY’S FEES, AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO (I) YOUR ACTUAL OR ALLEGED BREACH OF THIS AGREEMENT (II) YOUR ACTUAL OR ALLEGED NEGLIGENT, WILFUL OR INTENTIONAL ACTIONS OR OMISSIONS ARISING OUT OF OR RELATING TO YOUR REGISTRATION, VISITATION OR USE OF THE SERVICE; PURCHASE, POSSESSION, OR CONSUMPTION OF GOODS OR SERVICES OFFERED BY, THROUGH OR UNDER THE SERVICE. THE INDEMNIFIED PARTIES MAY, AT THEIR SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT THAT MAY HAVE THE POTENTIAL TO AFFECT AN INDEMNIFIED PARTY’S RIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT SUCH INDEMNIFIED PARTY’S PRIOR WRITTEN APPROVAL.
LIMITATION OF LIABILITY
ACCESS TO AND USE OF THIS WEBSERVICE IS PROVIDED ON AN “AS IS” BASIS. YOU AGREE THAT METABEV, INC. AND ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, INSURERS, AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, THE “LIMITED PARTIES”), SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, OR FOR ANY INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE OUT OF OR RELATE TO YOUR VISITATION OR USE OF THIS SERVICE; PURCHASE, POSSESSION, USE OR NONUSE OF ANY GOODS OR SERVICES, OR THE OFFERING OF CONTENT, INFORMATION, GOODS, SERVICES, OR OTHER MATERIAL ON, OR ACCESSIBLE THROUGH, THE SERVICE AND/OR IN ANY EMAILS, NEWSLETTERS, OR IN ANY EXTERNALLY-LINKED THIRD PARTY SERVICE. THE LIMITED PARTIES’ MAXIMUM LIABILITY IS EQUAL TO THE AMOUNT YOU PAID FOR ACCESS AND USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, THE LIMITED PARTIES SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, LOSS OF OPPORTUNITY, LOSS OF BUSINESS, LOSS OF EARNINGS, OR INJURY TO PERSON (INCLUDING DEATH) OR PROPERTY.
IN NO EVENT WILL METABEV™ BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
DISCLAIMER OF ALL OTHER WARRANTIES
ALL PRODUCTS, SERVICES, MATERIALS, INFORMATION, AND OTHER CONTENT ON THIS SERVICE ARE PROVIDED ON AN “AS IS” BASIS. METABEV™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, MATERIALS, CONTENT, GOODS OR SERVICES CONTAINED ON, ARISING OUT OF OR RELATED TO THE SERVICE. METABEV™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CONFLICTS
In the event of any conflict between these Terms & Conditions and any Metabev™ policy posted online, these Terms & Conditions shall govern.
ENTIRE AGREEMENT
This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter, all of which are merged herein. Neither party has relied upon any such prior or contemporaneous communications.
For information on other Metabev™ policies, please click one the links below:
Privacy Policy
TM & Copyright © 2022 Metabev LLC. All Rights Reserved
PRIVACY POLICY FOR METABEV™
Metabev LLC (“Company” “we” or “us” or “our”) respects the privacy of its users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit the Metabev™ website and mobile application (individually and collectively, the “Service”). Please read this Privacy Policy carefully. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE SITE.
We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this Privacy Policy. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Service after the date such revised Privacy Policy is posted.
Definitions
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
“Account” means a unique account created for you to access our Service or parts of our Service.
“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
“Application” or “App” means the software program provided by the Company downloaded by you on any electronic device.
“Business,” for the purpose of the California Consumer Privacy Act (“CCPA”), refers to the Company as the legal entity that collects Consumers’ personal information and has the meaning set forth in CCPA § 1798.140(c).
“Consumer,” for the purpose of the CCPA, means a natural person who is a California resident and has the meaning set forth in CCPA § 1798.140(g).
“Cookies” are small files that are placed on your computer, mobile device or any other device by a website, containing the details of your browsing history on that website among its many uses.
“Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.
“Do Not Track” (“DNT”) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
“Personal Information” is any information that relates to an identified or identifiable individual. For the purposes of the CCPA, Personal Information means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you and has the meaning set forth in CCPA § 1798.140(o).
“Sale,” for the purpose of the CCPA means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s Personal Information to another business or a third party for monetary or other valuable consideration and has the meaning set forth in CCPA § 1798.140(t).
“Service” refers to the Application and Website, individually and collectively.
“Service Provider” means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies and individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
“Third-party Social Media Service” refers to any website or any social network website through which a User can log in or create an account to use the Service.
“Usage Data” refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
“Website” refers to the Metabev application and website, accessible at www.metahard.world.
“You” and “you” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
COLLECTION OF YOUR INFORMATION
We may collect information about you in a variety of ways. The information we may collect via the Service depends on the content and materials you use, and includes:
Personal Information
Demographic and other personally identifiable information (such as your name and email address) that you voluntarily give to us when choosing to participate in various activities related to the Service, such as making a purchase, registering an account, sending feedback or responding to surveys. If you choose to share data about yourself via your profile or other interactive areas of the Service, please be advised that all data you disclose in these areas is public and your data will be accessible to anyone who accesses the Service.
Derivative Data
Information our servers automatically collect when you access the Service, such as your native actions that are integral to the Service, as well as other interactions with the Service via server log files.
Financial Data
Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase, order, or request information about our goods or services from the Service.
Data from Social Networks
User information from social networking sites, such as Facebook, Instagram, Pinterest, or Twitter, including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks. This information may also include the contact information of anyone you invite to use and/or join the Service.
More specifically, but without limitation, we provide you with the option to register or access the Service using social media account details, like your Facebook, Twitter or other social media account. We may collect information regarding your geo-location, mobile device, push notifications, and Facebook permissions when you use our apps.
We may also collect the following information:
Information collected from other Sources
We may collect limited data from public databases, marketing partners, social media platforms, and other outside sources.
We may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms, as well as from other third parties. Examples of the information we receive from other sources include: social media profile information (your name, gender, birthday, email, current city, state and country, user identification numbers for your contacts, profile picture URL and any other information that you choose to make public); marketing leads and search results and links, including paid listings (such as sponsored links).
Geo-Location Information
We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using the Service, to provide location-based services and for other purposes. If you wish to change our access or permissions, you may do so in your device’s settings.
Push Notifications
We may request to send you push notifications regarding your account or the Service. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
Third-Party Data
Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Service permission to access this information.
Data From Contests, Giveaways, and Surveys
Personal and other information you may provide when entering sweepstakes, games, tournaments, contests or giveaways and/or responding to surveys.
USE OF YOUR INFORMATION
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Service to:
DISCLOSURE OF YOUR INFORMATION
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
By Law or to Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
Third-Party Service Providers
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
Marketing Communications
With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.
Third-Party Advertisers
We may use third-party advertising companies to serve ads when you visit the Service. These companies may obtain and use your personal information and information about your visits to the Service and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you. All use of your personal information by third party advertisers is subject to their respective privacy policies.
Affiliates
We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include any subsidiaries, business partners or other companies that we control or that are under common control with us.
Business Partners
We may share your information with our business partners to offer you certain products, services or promotions.
Social Media Contacts
If you connect to the Service through a social network, your contacts on the social network may see your name, profile photo, and descriptions of your activity.
Other Third Parties
We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.
Sale or Bankruptcy
If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the acquirer or successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy.
We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.
Sale of Information
Except as otherwise provided herein, your personal information may be sold or leased to third parties in connection with our ordinary course of business.
TRACKING TECHNOLOGIES
Cookies and Web Beacons
We use cookies, web beacons, tracking pixels, and other tracking technologies on the Service to help customize the Service and improve your experience. When you access the Service, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Service. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.
Internet-Based Advertising
Additionally, we may use third-party software to serve ads on the Service, implement email marketing campaigns, and manage other interactive marketing initiatives. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us. For more information about opting-out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
Website Analytics
We may also partner with selected third-party vendors to allow tracking technologies and remarketing services on the Service through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Service, determine the popularity of certain content, and better understand online activity. By accessing the Service, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can install and/or update your settings for one of the following:
Digital Advertising Alliance Opt-Out Tool
Google Analytics Opt-Out Plugin
Network Advertising Initiative Opt-Out Tool
Your Ad Choices
You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.
THIRD-PARTY WEBSITES
The Service may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Service, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Service.
SECURITY OF YOUR INFORMATION
We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. We cannot guarantee complete security if you provide personal information.
POLICY FOR CHILDREN
We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.
CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.
OPTIONS REGARDING YOUR INFORMATION
Account Information
You may at any time review or change the information in your account or terminate your account by contacting us using the contact information provided below.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms & Conditions and/or comply with legal requirements.
Emails and Communications
If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:
If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
CALIFORNIA PRIVACY RIGHTS
California Consumer Privacy Act (“CCPA”)
California residents have certain rights with respect to the processing and use of their personal information, including the following rights:
The right to notice. You must be properly notified which categories of Personal Information are being collected and the purposes for which the Personal Information is being used.
The right to access / the right to request. The CCPA permits you to request and obtain from the Company information regarding the disclosure of your Personal Information that has been collected in the past 12 months by the Company or its subsidiaries to a third-party for the third party’s direct marketing purposes.
The right to say no to the sale of Personal Information. You also have the right to ask the Company not to sell your Personal Information to third parties. You can submit such a request by visiting our “Do Not Sell My Personal Information” section or web page.
The right to know about your Personal Information. You have the right to request and obtain from the Company information regarding the disclosure of the following:
The right to delete Personal Information. You also have the right to request the deletion of your Personal Information that have been collected in the past 12 months.
The right not to be discriminated against. You have the right not to be discriminated against for exercising any of your Consumer’s rights, including by:
INFORMATION COLLECTED
|
CATEGORY |
EXAMPLES |
COLLECTED |
|
Identifiers |
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers |
Yes |
|
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) |
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories |
Yes |
|
Protected classification characteristics under California or federal law |
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information), medical records and other data covered by HIPAA |
No |
|
Biometric Information |
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data |
No |
|
Internet or other similar network activity |
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement |
Yes |
|
Geolocation data |
Physical location or movements |
Yes |
|
Sensory data |
Audio, electronic, visual, thermal, olfactory, or similar information |
No |
|
Professional or employment-related information |
Current or past job history or performance evaluations. |
No |
|
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) |
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. |
No |
|
Inferences drawn from other personal information |
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes |
Yes |
Personal information does not include:
We obtain the categories of personal information listed above from the following categories of sources:
EXERCISING YOUR CCPA RIGHTS
In order to exercise any of your rights under the CCPA, and if you are a California resident, you can email us ccpa@metahard.world or call us at ccpa@metahard.world or submit the form available on this page “Do Not Sell My Personal Information”
The Company will disclose and deliver the required information free of charge within 45 days of receiving your verified request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.
DO NOT SELL MY PERSONAL INFORMATION
We do not sell personal information. However, the Service Providers we partner with (for example, our advertising partners) may use technology on the Service that “sells” personal information as defined by the CCPA.
If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA, you may do so by following the instructions below.
Please note that any opt out is specific to the browser you use. You may need to opt out on every browser that you use.
Website
You can opt out of receiving ads that are personalized as served by our Service Providers by clicking on the links below:
Digital Advertising Alliance Opt-Out Tool
Google Analytics Opt-Out Plugin
Network Advertising Initiative Opt-Out Tool
Your Ad Choices
The opt out will place a cookie on your computer that is unique to the browser you use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again.
Mobile Devices
Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:
You can also stop the collection of location information from your mobile device by changing the preferences on your mobile device.
“DO NOT TRACK” POLICY AS REQUIRED BY CALIFORNIA ONLINE PRIVACY PROTECTION ACT (“CALOPPA”)
Our Service does not respond to Do Not Track signals. However, some third party websites keep track of you browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.
CALIFORNIA BUSINESS AND PROFESSIONS CODE § 22581
California residents under the age of 18 who are registered users of online sites, services, or applications have a right under California Business and Professions Code § 22581 to remove, or request and obtain removal of, content or information they have publicly posted. To remove content or information you have publicly posted, please send a detailed description of the specific content or information you wish to have removed; see How to Contact Us below. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
EUROPEAN UNION GDPR RIGHTS
Residents of a member state of the European Union entitled to the following:
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at privacy@metahard.world and include your first name, last name and residence address in your email to us.
HOW TO CONTACT US
If you have a privacy concern, complaint, or a question for us, please contact us at:
Metabev
9 Meadowmist Cir
The Woodlands, TX 77381
privacy@metahard.world or (for CCPA requests) ccpa@metahard.world
Unless otherwise stated, the data is processed in the United States of America and at any other location where other parties processing information are located.
