For your convenience, below is a summary of CardSnacks’ terms and conditions.
- Third-Party Beneficiary. CardSnacks, not any third-party (e.g. Apple, Google, etc.), is solely responsible for CardSnacks’ Services. You and CardSnacks acknowledge and agree, however, that Apple, Google, and their respective subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, such third-parties (e.g. Apple, Google, etc.) will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
- Acceptance. By (i) visiting or accessing any of cardsnacks’ services; (ii) activating or using any cardsnacks’ services; or (iii) creating an account (whether through cardsnacks or a third-party), you agree to be bound by this agreement. If you do not agree to these terms, you should immediately leave this page and not access or use any of CardSnacks’ Services. You may be denied access to CardSnacks’ Services, with or without prior notice to you, for noncompliance with any provision of this agreement.
- Warranty and Liability Acceptance. This Agreement contains warranty and liability disclaimers. By using or subscribing to CardSnacks’ Services, you accept and agree to such terms and conditions of this Agreement. In order for you to have access to CardSnacks’ Services, this Agreement must be accepted by you without any modifications, additions, or deletions. If you do not agree to these terms, you are not authorized to use CardSnacks’ Services.
- Special Terms. Special terms apply to some services offered for certain CardSnacks’ Services, such as rules for particular contests or sweepstakes, and other features or activities (collectively "Special Terms"). If applicable, CardSnacks will email these Special Terms to you or CardSnacks will post the Special Terms in connection with the applicable service (e.g. rules for contests, sweepstakes, etc.). Any and all such Special Terms are in addition to the terms in this Agreement and are hereby incorporated by reference into this Agreement. In the event of a conflict, such Special Terms shall prevail over this Agreement.
- Eligibility. In order to use any of CardSnacks’ Services, you must not be located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and you are not listed on the U.S. Government's Lists of Parties of Concern.
- Age Requirement. CardSnacks’ Services are not designed to attract children under the age of 13 and we do not intentionally collect personal information from children on any of CardSnacks’ Services. You hereby represent and warrant that you are 13 years of age or older. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. Some areas of cardsnacks’ services may contain material that is inappropriate for minors.
- Parental Advisory and Acceptance of a Binding Contract. You must be at least 18 years old to register an account on the CardSnacks platform. You are solely responsible for any authorized or unauthorized access to and/or use of your account by any person, and for all charges incurred through the Services using your account. You agree to notify CardSnacks promptly regarding any unauthorized access to and/or use of your account. You further agree that you will remain liable for any charges incurred through the Services using your account until you so notify CardSnacks, including but not limited to charges incurred by Minors (defined below) under your supervision. Because CardSnacks’ Services may provide access to music, images, video, adult themes, and other content that may contain explicit content including strong language or language related to violence, sex or substance abuse, parental discretion is advised for all users between age 13 to 18 ("Minors"). Parents and legal guardians a Minor may authorize the Minor to access the parent’s or guardian’s CardSnacks account; otherwise, Minors are not permitted to use the CardSnacks Services. We rely on parents and guardians to ensure their minor child only uses cardsnacks if they can understand their rights and responsibilities as stated in this agreement. If you are a parent or guardian and you provide your consent to a minor’s use of cardsnacks, you agree to be bound by the minor’s use of cardsnacks and by the terms of this agreement. You also specifically agree to the collection and use of information from or about Minors you permit to use your account.
- Authorized Representative. If you are using or opening an account on behalf of a company, entity, or organization (collectively "Authorized Representative"), then you represent and warrant that you: (i) are a legally authorized representative of the third party, (ii) you reviewed the terms and conditions of this Agreement with the third-party, (iii) you have the authority to bind such third-party to this Agreement, and (iv) agree to be bound by this Agreement on behalf of such third-party.
- Registration. To use CardSnacks’ Services, you are required to register your mobile phone number and you may be asked to provide certain other information, including, but not limited to a username, your birthdate, and a valid email address (the "Account Information"). In creating your account, you certify that all Account Information you provide upon registration and, at all other times, will be true, accurate, current, and complete. Should we require that you select a username, you shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of any third party without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar, obscene, or that we deem objectionable in our sole discretion. Without limiting the foregoing, we reserve the right to require that any User change its username at any time, for any reason. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You can delete your Account, either directly or through a request made to one of our employees or affiliates. You agree to update your Account Information when required or requested, and you further agree not to use another person’s account without permission.
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Attn: "CardSnacks Unsubscribe"
Opting out of any non-service-related messages may prevent you from receiving special offers or promotions.
Additionally, when you send a virtual greeting card ("eCard") or purchase a Gift Card (as defined and further explained below) for another person, you authorize CardSnacks to send transactional messages to that person related to the eCard or Gift Card, such as a notice that an eCard has been received, the Gift Card has been purchased, or information about redeeming the Gift Card. You consent to such transactional messages and represent that you have the recipient’s permission for CardSnacks to contact the recipient regarding such eCards or Gift Cards.
- Use of CardSnacks. You understand that by accessing or using any of CardSnacks’ Services, you may encounter content that may be deemed mature, offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or adult themes, and which in certain circumstances may be due to your interactions with other users or members in the course of accessing or using CardSnacks’ Services. You fully assume all risk of loss arising out of your use of any of CardSnacks’ Services.
- Account Confidentiality. When you register, you will be asked to provide your mobile phone number. You are responsible for restricting access to your account, and you agree to accept sole responsibility for all activities that occur under your account. You agree that you will not allow others to use any aspect of your Account Information. You have the responsibility for taking steps to maintain the security of your account. You agree to notify us immediately of any unauthorized use of your account.
- Unauthorized Access. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Account Information or password), you will immediately notify CardSnacks. You may be liable for the losses incurred by CardSnacks or others due to any unauthorized use of your account. Under no circumstances will CardSnacks will be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless CardSnacks, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized, or illegal uses of the same.
- The CardSnacks Gift Card Services. The Services allow customers (each a "User") to purchase certain gift cards ("Gift Cards") issued by third-party merchants or retailers ("Issuers") and send them to designated recipients.
- CardSnacks does not issue any Gift Cards. Only the Issuer of a Gift Card is responsible for redeeming the Gift Card for products or services, as well as any and all claims or liabilities related to the redemption or use of the Gift Card. CardSnacks is not a party to any transaction involving the redemption or use of a Gift Card to obtain products or services from the applicable Issuer. Each Gift Card may be subject to terms and conditions established by the Issuer. CardSnacks has no involvement with or responsibility for such Gift Card terms and conditions or changes to them.
- CardSnacks Prepaid Accout. In order to purchase Gift Cards using the Services, you must create an account that allows you to submit funds to us which will be held as a balance that may be used to purchase Gift Cards through the Services at a future time ("CardSnacks Prepaid Account"). We reserve the right at our sole discretion to decline to allow any User to open a CardSnacks Prepaid Account. CardSnacks Prepaid Accounts are subject to the following terms:
- We may require certain information or documentation from you before you can open a CardSnacks Prepaid Account. You are responsible for updating and keeping current any such information or documentation you provide to us.
- You must be at least 18 years old, or the age of majority in your jurisdiction of residence, to open a CardSnacks Prepaid Account. Minors are only permitted to use your CardSnacks Prepaid Account with the consent and supervision of a parent or guardian, in accordance with Section 4.3.
- You may only use the balance in your CardSnacks Prepaid Account to purchase Gift Cards from CardSnacks. You may not withdraw, or receive a refund of, the balance in your CardSnacks Prepaid Account except to the extent required by applicable law or regulations. No portion of your balance may be transferred to another User.
- A CardSnacks Prepaid Account may never have a balance greater than $2,000 and may never provide access to more than $2,000 in any day. For example, you may not transfer $2,000 to a CardSnacks Prepaid Account, then purchase Gift Cards with that balance and add additional funds to the CardSnacks in the same day.
- Unless expressly authorized by CardSnacks, a business entity User may not establish more than one CardSnacks Prepaid Account. No User who is an individual may establish or maintain more than one CardSnacks Prepaid Account. No User may add more than $10,000 of value to any combination of CardSnacks Prepaid Accounts in any day, whether through one transaction or a series of transactions. No User may use any combination of CardSnacks Prepaid Accounts to purchase Gift Cards totaling more than $10,000 in any day.
- We may reject or return any payment or transfer that would cause you to exceed any of the limits set forth in this Section. If we suspect at any time that you have obtained or used one or more CardSnacks Prepaid Accounts in a deceptive, unlawful, or fraudulent way, or have otherwise attempted to circumvent the restrictions and requirements described in this Section, we reserve the right, without prior notice to you, to: (i) void without refund any portion of your CardSnacks Prepaid Account balance(s); (ii) suspend or terminate your CardSnacks Prepaid Account(s); (iii) suspend or terminate your CardSnacks Account; (iv) cancel or terminate any pending purchases of Gift Cards; or (v) take any appropriate action to avoid a violation of any applicable law or regulation.
- In addition to the limitations on liability set forth in Section 22 below, CardSnacks, including all of its affiliates, directors, employees, and agents, shall not be liable to you, a recipient of a Gift Card, or any other person for any loss, damage, or claim resulting from the use or redemption of a Gift Card, including but not limited to: (i) late or failed delivery of any product or service purchased with a Gift Card; (ii) any defect or deficiency in the products or services purchased with a Gift Card; (iii) breach of warranty relating to the products or services purchased with a Gift Card; or (iv) any other failure or customer support issue on the part of the merchant or retailer that issued the Gift Card.
- Restrictions. The following Restrictions apply to the use of CardSnacks’ Services. By using CardSnacks’ Services, you agree that you will not:
- Make CardSnacks’ Service available over a third-party website or third-party network where it could be used by others;
- Use CardSnacks’ Services to abuse or harass any other User or person;
- Provide your password to any other person;
- Use CardSnacks’ Services to collect or store personally identifying information about other Users for commercial or unlawful purposes;
- Use CardSnacks’ Services to impersonate any person or entity, including, but not limited to, a CardSnacks employee or falsely state or otherwise misrepresent your affiliation with CardSnacks or any person or entity;
- Use CardSnacks’ Services to employ misleading email addresses or mobile numbers or falsify information in any part of any communication related to CardSnacks’ Services;
- Use CardSnacks’ Services to engage in any activity which may compromise the stability or availability of CardSnacks’ Services or use CardSnacks’ Services to compromise the availability or stability of any third-party website or service;
- Use CardSnacks’ Services for any unsolicited advertising or promotions that are not expressly authorized by CardSnacks in writing;
- Use automated means, including spiders, robots, crawlers, or the like to download data from CardSnacks’ Service or any related server or database;
- Translate, reverse engineer, decompile, disassemble, modify or create derivative works from or all or any portion of CardSnacks’ Services;
- Circumvent any technology or security measures or any payment collection methods employed on or through CardSnacks’ Services, or access or use CardSnacks’ Services after your account or this Agreement has been terminated or suspended by CardSnacks;
- Use CardSnacks’ Services to upload, post, email, otherwise transmit or post links to any content or material, or select any member or username or email address, in a manner that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically, or otherwise objectionable;
- Use CardSnacks’ Services to upload, post, email, otherwise transmit or post links to any content or material that violates any applicable law, statute, ordinance, or regulation including, but not limited to, any material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party, or that contributes to, induces, or facilitates such infringement;
- Use CardSnacks’ Services to upload, post, email, otherwise transmit or post links to any content or material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of CardSnacks’ Services or any third-party software, website, equipment or service;
- Use CardSnacks’ Services to upload, post, email, otherwise transmit or post links to any material or content that contains nudity or any other material that may be considered "adult," obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially, or ethnically offensive, or is otherwise inappropriate;
- Use CardSnacks’ Services for the unauthorized reproduction of copyrighted materials;
- Copy, store, edit, change, prepare any derivative work of or alter in any way any copyrighted materials transmitted by a digital audio visual transmission through CardSnacks’ Services; or
- Purport to rent, lease or sublicense CardSnacks’ Services; or
- Use CardSnacks’ Services in any way that beaches or violates the intent or the express terms of this Agreement.
- Updates. CardSnacks may from time to time make available to all Users of CardSnacks’ Services, updates at no cost or subject to additional fees in CardSnacks’ sole discretion. "Updates" means any updates, upgrades, or error corrections to CardSnacks’ Services that CardSnacks makes available generally to Users of CardSnacks’ Services. Unless required by law, CardSnacks has sole discretion to provide any maintenance and support services with respect to CardSnacks’ Services. Notwithstanding anything else contained in this Agreement, CardSnacks shall have no obligation to continue producing or releasing new versions of CardSnacks’ Services or any updates thereto. The parties hereto further acknowledge that third-party distributers (e.g. Apple, Google, etc.) have no obligation whatsoever to furnish any updates, maintenance, or support services with respect to CardSnacks’ Services.
- Public Forums. You acknowledge that CardSnacks’ Services contain communication features which are offered solely for public and not private communications, and you have no expectation of privacy with regard to any Public Communications. We cannot and do not guarantee the security of any information you disclose through any of CardSnacks’ Services; you make such disclosures at your own risk.
- Public Communications. You are and shall remain solely responsible for Public Communications you distribute on or through any of CardSnacks’ Services under your username or otherwise by you in any of CardSnacks’ Services and for the consequences of submitting and posting same. We have no duty to monitor Public Communications on any of CardSnacks’ Services. Also, you should be skeptical about information provided by others, and you acknowledge your use or interaction with another User on any of CardSnacks’ Services is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by Users in any Public Communications and we specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may or may not refuse to post, deliver, remove, modify, or otherwise use or take any action on inaction with respect to Public Communications you or another User distributes.
- is false, misleading, untruthful, inaccurate, defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; is bigoted, hateful, or racially or otherwise offensive; is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity;
- is unlawful, illegal or in violation of any law or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, defamatory, libelous, or conspiracy to commit any criminal activity;
- infringes or violates any right of a third-party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights (see our Copyright Policy set forth in Section 17 below); (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality or contractual obligations or duty;
- is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), constitutes unauthorized or unsolicited advertising, junk, or bulk email ("spamming") or solicits others Users for any reason including solicitations for contributions or donations;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party, or otherwise interferes with any person or entity’s use or enjoyment of CardSnacks’ Services;
- is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
- impersonates any person or entity, including any of our employees or representatives;
- includes anyone’s identification documents or sensitive financial information; or
- is otherwise inappropriate as determined by us in our sole discretion.
- No Guarantee of Compliance. We cannot and do not assure that other Users are or will fully comply with the foregoing Rules of Conduct or any other provisions of this Agreement, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance and you are solely responsible for your involvement with other Users.
- You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
- Lawful Use. As a condition of your use of CardSnacks’ Services, you represent and warrant that you will not use CardSnacks’ Services for any purpose that is unlawful or prohibited by this Agreement. You further represent and warrant that you are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, or privacy and will not access CardSnacks’ Services from territories outside of the United States where access or use thereof is illegal and strictly prohibited.
- Personal, Non-Commercial Use. Without prior written approval, you represent and warrant that you understand that CardSnacks’ Services are available for your personal, non-commercial use only. With CardSnacks’ prior written approval, you may use CardSnacks’ Services that provide for or facilitate commercial transactions. Such services and transactions, however, may be subject to additional terms and conditions. Your interactions with organizations and/or individuals found on or through CardSnacks’ Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
- Use of Content. You represent and warrant that you will not reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of CardSnacks’ Services, use of CardSnacks’ Services, access to CardSnacks’ Services, or content obtained through CardSnacks’ Services, for any purpose other than for your personal, private, non-commercial purposes. You further represent and warrant that you will not engage in the unauthorized sharing of Content with other Users of CardSnacks’ Services.
- User Communications. You represent and warrant that you will not defame, harass, abuse, threaten, stalk or defraud Users of CardSnacks’ Services, or collect, or attempt to collect, personal information about Users or third-parties without their consent.
- Viruses. You represent and warrant that you will not intentionally interfere with or damage, impair or disable the operation of CardSnacks’ Services or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code.
- Content Restrictions. You represent and warrant that you will not to remove, circumvent, disable, damage or otherwise interfere with any of CardSnacks’ security-related features, features that prevent or restrict the use or copying of any content accessible through CardSnacks’ Services, or features that enforce limitations on the use of CardSnacks’ Services including, but not limited to, any way that interferes with the ability of CardSnacks to comply with 17 USC §§ 112 and 114, the regulations adopted pursuant thereto or other provisions of the copyright laws of the United States or any other applicable laws and regulations of jurisdictions in which you may be resident.
- Unauthorized Access. You represent and warrant that you will not attempt to gain unauthorized access to CardSnacks’ Services, or any part of it, other accounts, computer systems or networks connected to CardSnacks, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of CardSnacks’ Services or any activities conducted by CardSnacks. You further represent and warrant that you will not obtain or attempt to obtain any materials or information through any means not intentionally made available through CardSnacks’ Services. You agree neither to modify CardSnacks’ Services in any manner or form, nor to use modified versions of CardSnacks’ Services, including, without limitation, for the purpose of obtaining unauthorized access to CardSnacks’ Services.
- Automated Access. You represent and warrant that you will not use any robot, spider, scraper, or other automated means to access CardSnacks’ Services for any purpose without our express written permission or bypass our robot exclusion technology or other measures we may use to prevent or restrict access to CardSnacks’ Services.
- Framing. You represent and warrant that you will not utilize framing techniques to enclose any portion of CardSnacks’ Services, its trademarks, or logos without our express written consent. You further represent and warrant that you will not to use any meta tags or any other "hidden text" utilizing CardSnacks’ name or trademarks without our express written consent.
- Links and Logos. You represent and warrant that you will promptly remove any links that CardSnacks finds objectionable in its sole discretion. You further represent and warrant that you will not use any CardSnacks’ logos, graphics, or trademarks as part of the link without our express written consent.
- Service. You represent and warrant that you will not make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of CardSnacks’ Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
- Reverse Engineer. You represent and warrant that you will not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of CardSnacks’ Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Derivative Works. You represent and warrant that you will not modify, adapt, translate, or create derivative works based upon CardSnacks’ Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Membership-based Features. You must be a Premium Member to access certain goods, services, and content offered through the CardSnacks’ Services, such as the CardSnacks’ Premium Content Services described in Section 11.7 below (collectively "Membership-based Features"). CardSnacks’ may offer different membership plans across different platforms, and some membership plans may include special promotional pricing with differing conditions and limitations. With respect to any Membership-based Features, you acknowledge and agree that, by making such features accessible to Members in general, CardSnacks’ will have fully satisfied its obligation to deliver or otherwise provide such features to you (and/or to your intended authorized recipients), regardless of your or your recipients’ failure or inability to use such features
- Purchasing a Membership. If you decide to register for a premium membership, we will charge you the applicable membership fee for the applicable membership term using your selected payment method at the time of purchase. If CardSnacks alters the membership fee or makes other changes to your premium membership, you will be notified in advance about the changes via email. It is important to keep in mind that if you signed up for a premium membership during a promotional period, the promotional price may only be active for a certain period of time, based on our sole discretion.
- Membership Renewals. As a Premium Member, your membership will renew either annually or monthly, depending on your applicable membership plan. For some CardSnacks products and services, your membership will automatically be renewed at the end of the membership term unless you turn off the auto-renew feature or cancel your membership prior to the expiration date of your then-existing membership. To cancel your membership auto-renewal, please go to the subscriptions management area on your iPhone or the subscription management area in the Google Play Store. If you need assistance, please email us at firstname.lastname@example.org . PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS, IN WHOLE OR IN PART, FOR PARTIALLY USED PERIODS. Following any cancellation, your access to the Membership-based Features will continue only for the remainder of your applicable membership term.
- Cancellation. You may cancel your premium membership at any time. However, Payments are nonrefundable and there are no refunds, in whole or in part, for partially used periods. Following any cancellation, your access to the Membership-based Features will continue only for the remainder of your applicable membership term. At our sole discretion, we may provide a discount or other accommodation to some or all of our Premium Members at any time and for any reason. Our offering of a discount or other accommodation in one instance does not entitle you to, or obligate us to provide, the same treatment in the future for similar instances. If you pay for a premium membership through a third-party service (such as through the iTunes App Store, for example), you may need to access your account through that applicable third-party interface to cancel your membership to or turn off auto-renew for the Premium Services. The billing information related to your membership may also be accessible via your account with the applicable third party.
- Trial Periods. To allow customers an opportunity to "sample" our products and services, occasionally we offer trial periods during which you will have the ability to cancel your membership within a stated period of time and receive a full refund (e.g., a 30-day satisfaction guarantee). If you do not cancel during the trial period, your trial membership will automatically be converted to a non-trial membership upon expiration of the trial period. If you cancel after the trial period has ended, NO REFUND will be given, whether in whole or in part, and your access to the Membership-based Features will continue only for the remainder of the membership term. To cancel your membership during the trial period, please go to the "My Account" section of the CardSnacks’ Services where you have a membership or to the applicable third-party interface if you purchased a membership to CardSnacks’ through a third party.
- Gift Membership. We may offer you the opportunity to purchase a gift membership(s) that must be redeemed by your recipient within two (2) years of purchase. A gift membership has a term of two (2) years from the date it is issued. IF AND TO THE EXTENT A GIFT MEMBERSHIP IS NOT USED WITHIN TWO (2) YEARS FROM THE DATE IT IS ISSUED, THE GIFT MEMBERSHIP EXPIRES. Gift memberships can only be redeemed once and cannot be exchanged for cash.
- Premium Content Services. With respect to any virtual good or pay-per-download material that you purchase through the CardSnacks’ Services, you acknowledge and agree that, upon making such material available to you (or to your intended authorized recipients) for download, CardSnacks’ will have fully satisfied its obligation to deliver or otherwise provide such material, regardless of your or your recipients’ failure or inability to view, play, use, or store such material. All purchases of a virtual goods and pay-per-download material through the CardSnacks’ Services are final, non-cancelable, and non-refundable, and no such material is returnable or exchangeable (except as expressly otherwise provided in these Terms of Sale or as otherwise determined by CardSnacks’ in its sole discretion). For the avoidance of doubt, the CardSnacks’ Premium Content Services are services (notwithstanding any use of the terms "purchase," "buy," "sell," "order," or the like on the CardSnacks’ Services or in these Terms of Sale), and neither you nor your recipient obtains or retains any rights or ownership interest of any kind in or to any CardSnacks’ Premium Content, and neither you nor your recipient may reproduce, distribute, transfer, modify, create derivative works, or otherwise use such content in any manner other than as expressly authorized by CardSnacks. All use of the CardSnacks’ Premium Content Services is for your personal, non-commercial use only.
- Free Usage. CardSnacks’ basic services are currently provided at no cost to you. CardSnacks reserves the right, at any time, to modify its billing methods or charge for CardSnacks’ Services, including but not limited to, the addition of supplemental fees or separate charges for content or any CardSnacks’ Services. You expressly agree that we may notify you of modified billing terms by posting them on an updated version of this Agreement, and you agree that your continued use of CardSnacks’ Services after such notice constitutes your agreement to the modified terms, which will govern your ongoing use of the CardSnacks’ Service.
- Taxes. You are responsible for paying any governmental taxes imposed on your use of CardSnacks’ Services, including, but not limited to, sales, use or any other tax. Although CardSnacks does not currently charge for CardSnacks’ Services, certain messaging, service and other standard fees and charges may be applied by your third-party carrier. Please check your data plan or with your third-party carrier to ensure that you are aware of any such fees or charges.
- As consideration for the limited license and rights granted to you under this Agreement, you agree that (i) CardSnacks and its business partners shall have the right to provide ads, promotions, offers and other information to you by text, email or other means of communication; and (ii) CardSnacks may allow CardSnacks’ Services to utilize the processor, bandwidth and storage hardware on your computer or other relevant device for the purposes of facilitating the communication and transmission of content and other data or features to you and other Users of CardSnacks’ Services and the operation of the network(s) on which CardSnacks’ Services run. Pursuant to Article 4 of this Agreement, you may opt out of receiving promotional messages from CardSnacks and its business partners at any time.
- User Content. All Content added, uploaded, submitted, distributed, posted to, or created using the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. Without limiting the generality of the foregoing, you represent that any User Content you create using tools accessible on the Services does not infringe upon the intellectual property rights of any third-party and is otherwise in compliance with all applicable laws, rules, and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. User Content is displayed for entertainment and informational purposes only and is not controlled by CardSnacks. CardSnacks makes no representations that it will publish or use your User Content in any way and may or may not use your User Content in its sole discretion. CardSnacks may remove any User Content from CardSnacks’ Services at any time in its sole discretion, with or without notice, including, but not limited to, any User Content that request, facilitate or support the unauthorized sharing of copyrighted material. You understand that whether or not User Content is published, CardSnacks does not guarantee any confidentiality with respect to any User Content.
- User Content Representations and Warranties. If you submit User Content to CardSnacks’ Services, you represent and warrant that:
- Unless expressly set forth in writing to the contrary, neither Mobigram LLC nor CardSnacks, its customers, licensees or business partners shall be required to make any payments with respect to User Content you submit, including but not limited to, payments to you, third parties, music publishers, mechanical rights agents, performance rights organizations, labels, union guilds or your licensors or any persons who contributed to or appear in your User Content;
- You have full right, power and authority to upload or submit such User Content and have secured all third-party consents, licenses and permissions necessary to upload or submit such User Content and grant to CardSnacks the rights and licenses set forth below; and such User Content (i) is not defamatory (ii) does not infringe upon, misappropriate or violate the rights of any third-party, including but not limited to, any intellectual property rights, rights of publicity or any other privacy or proprietary rights; and (iii) does not violate any law, rule, regulation or ordinance.
- You shall be solely responsible for your own User Content and the consequences of posting, publishing, or distribution of it through any of CardSnacks’ Services.
- You agree that CardSnacks, in its sole discretion and for any or no reason, may remove and discard all or any part of your User Content, at any time, with or without notice. You agree CardSnacks shall not be liable to you or any third-party for any such removal.
- CardSnacks does not permit infringing activities, including any violations of the conditions set forth in Sections 112 and 114 of the United States Copyright Act and reserves the right to remove all content submitted, by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies CardSnacks may have at law or in equity.
- License to CardSnacks. You shall retain all of your ownership rights in your User Content, however, by submitting User Content through the Services, you hereby do and shall grant us a worldwide, exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the creation and distribution of digital greeting cards, the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds and via our API), and including after termination of your Account or the Services. You also hereby grant and shall grant the Users of the Site and/or the Services an exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content in connection with the creation and the distribution of digital greeting cards, including after termination your Account or the Services. For clarity, unless otherwise agreed in writing, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content for exploitation in fields other than in the creation and distribution of digital greeting cards. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. Without limiting the foregoing, CardSnacks, Mobigram LLC, its business partners and affiliates may:
- Host your User Content on our servers and those of our business partners and display your User Content, in whole or in part, alone or in compilation with content provided by third parties, to other Users of CardSnacks’ Services, including but not limited to, through CardSnacks newsletters, downloads, audio and video streams in connection with CardSnacks’ (and its successor’s) business, including, without limitation, for promoting and redistributing part or all of CardSnacks’ Services (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You hereby grant CardSnacks and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content if they choose to do so. You hereby irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each User of CardSnacks’ Services a non-exclusive license to access your User Content through CardSnacks, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content as permitted by the functionality of CardSnacks’ Services and this Agreement.
- Edit your User Content to ensure that it complies with this Agreement as well as CardSnacks’ policies and guidelines; and
- Use any trademarks, service marks, or trade names incorporated into your User Content and the likeness of any individual whose performance or image is contained in your User Content.
- No Obligation to Monitor User Content. We reserve the right to refuse to transmit or post, and to disclose, block or remove any content or materials, including but not limited to, User Content, in whole or in part, that we in our discretion deem to be in violation of this Agreement or otherwise harmful to persons using CardSnacks’ Services, regardless of whether the material or its dissemination is unlawful. We retain the right, but shall have no obligation, to monitor all transmissions and postings of User Content and other materials from time to time to investigate or prevent violations of this Agreement. In addition, we may also take reasonable steps, including but not limited to, the limiting or filtering of the number of emails, chat messages or posts sent or received by a User or member.
- User Content Prohibited Uses. In connection with your User Content, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage CardSnacks or any third-party; (ii) intentionally misidentify the identifying information of User Content; (iii) submit material that is unlawful, defamatory, libelous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or (vi) solicit or engage in communications with other Users for the unauthorized distribution and sharing of Content; or (vii) post User Content that would be harmful to minors in any manner.
- User Content Permitted Uses. In connection with User Content, if you download or copy User Content from CardSnacks, you agree to use any User Content that you download in compliance with the following terms set forth herein, including, but not limited to:
- Your use of User Content is conditioned upon your prior acceptance of this Agreement;
- You shall be authorized to use User Content only for personal, noncommercial use;
- You may not combine User Content with any video or image file to create a multimedia work;
- You may not use User Content as a musical "ringer" in connection with a phone or phone calls; and
- You may not use User Content for any commercial or promotional use.
- You agree that your download and use of User Content constitutes your acceptance of and consent to the terms of this Agreement, and that any use of the User Content other than in accordance with this Agreement may constitute a copyright infringement.
- Removal of Content. We reserve the right, but disclaim any obligation or responsibility, in our sole discretion to (i) refuse to post or communicate or remove any Public Communications or User Content from any CardSnacks’ Service that violates this Agreement (including the Restrictions and the Rules of Conduct) and (ii) identify any User to third parties, and/or disclose to third-parties any Public Communications, User Content or personally identifiable information, when we believe in good faith that such identification or disclosure will either facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or help to enforce this Agreement (including the Restrictions and the Rules of Conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including any of CardSnacks’ Services. Moreover, we retain all rights to remove Public Communications or User Content with or without notice at any time for any reason or no reason whatsoever.
- Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our Users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
- You understand that when using CardSnacks’ Services, you will be exposed to Content and other material from a variety of sources, and that CardSnacks is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such material. You further understand and acknowledge that such material may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CardSnacks with respect thereto. Unless clearly and conspicuously disclosed, CardSnacks does not in any way claim or suggest that any Content, including featured Content, is endorsed, supported by, or affiliated with us, or support any opinion, recommendation, or advice expressed therein. Under no circumstances will CardSnacks be liable in any way for, or in connection with, any Content or other material, including, but not limited to, for any inaccuracies, errors or omissions in any such material, any intellectual property infringement with regard to such material, or for any loss or damage of any kind incurred as a result of the use of any such material posted, electronically mailed, or otherwise displayed or transmitted through CardSnacks’ Services.
- You understand that all Content and other material of any kind is the sole responsibility of the person from whom such material originated. This means that you, and not CardSnacks, are entirely responsible for User Content and all other content that you upload, post, email, transmit or otherwise make available through CardSnacks’ Services. CardSnacks does not control the material posted by Users or otherwise made available by other persons and does not have any obligation to monitor User Content or other content for any purpose. If at any time, CardSnacks chooses, in its sole discretion, to monitor User Content or any other content, CardSnacks nonetheless assumes no responsibility for such material, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. You acknowledge that CardSnacks may or may not pre-screen User Content, but that CardSnacks and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via CardSnacks’ Services. Without limiting the foregoing, CardSnacks and its designees may, at any time and without prior notice, remove any User Content or other content that in the sole judgment of CardSnacks violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any User Content or other content, including any reliance on the accuracy, completeness, usefulness or legality of such User Content or other content.
- Copyright Infringement Notification. We strive to comply with the Digital Millennium Copyright Act of 1998, as amended ("DMCA") and pay royalties to all rights holders. If you own intellectual property or are the agent for an owner of intellectual property, and you believe that your work has been copied, posted, or otherwise made available through CardSnacks’ Services in a way that constitutes copyright infringement, please notify our DMCA Copyright Agent of your complaint, as set forth below in CardSnacks’ DMCA Copyright Policy.
- DMCA Copyright Policy. CardSnacks has adopted the following general policy toward copyright infringement in accordance with the DMCA ("dmca.pdf"). The address of the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy. Please consult the DMCA to confirm the precise statutory requirements of a valid notice, however, we generally require that you provide our DMCA Copyright Agent with the following information in writing, to the extent required by the DMCA: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner that is allegedly infringed; (ii) a description of the copyrighted work that you claim has been infringed; (iii) identification of the material that is claimed to be infringing and to be removed, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as your address, telephone number and email address; (v) a written statement by you that you have 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 by you, made under penalty of perjury, that the above information in your notice and complaint is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please be aware that the foregoing information in your complaint may be forwarded to the person who provided the allegedly infringing content ("Copyright Notice"). The foregoing information must be submitted in writing to CardSnacks’ DMCA Copyright Agent as follows:
Attn: Copyright Agent
923 Saw Mill River Road
Ardsley, NY 10502
If we receive a takedown notice in accordance with the foregoing, we will remove the material specifically cited in the notice and attempt to notify the User who uploaded the allegedly infringing material if we have their contact information. Any such User will have the opportunity to submit a "counter-notice" as set forth below. If we determine that any User has repeatedly infringed upon the intellectual property rights of others, we will disable any accounts that User has with us when appropriate. For the avoidance of doubt, only valid Copyright Notices submitted in accordance with the DMCA and the procedures set forth in this Section should be sent to the Designated Agent set forth above. Any other comments, compliments, complaints, or suggestions about CardSnacks should be sent to email@example.com .
- Repeat Infringers. CardSnacks does not permit infringement of intellectual property rights on any of CardSnacks’ Services, and CardSnacks will remove all User Content and Public Communications if properly notified that such User Content or Public Communications infringes on another’s intellectual property rights. It is CardSnacks’ policy to respond promptly to notices of alleged infringement that comply with the DMCA. In addition, CardSnacks will promptly terminate without notice the accounts of Users that are determined by CardSnacks to be "repeat infringers." A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had User Content or Public Communications removed from CardSnacks’ Services more than twice.
- Counter Notifications. If you receive a notification from CardSnacks that material made available by you on or through CardSnacks’ Service has been the subject of a Copyright Notice and you believe that your material has been mistakenly removed or disabled pursuant to this Section, you have the right to provide CardSnacks with a "Counter Notification" by notifying our DMCA Copyright Agent at the address provided above. A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act which includes substantially the following information: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (ii) a statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) a physical signature of the User; (iv) the User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which CardSnacks may be found, and that the User will accept service of process from the person who provided notification under the Section entitled "Copyright Infringement Notification" or an agent of such person. Pursuant to 17 U.S.C. § 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. If a counter-notice is received by CardSnacks’ Designated Agent, CardSnacks will forward a copy of the counter-notice to the original complaining party informing that person that CardSnacks may restore the removed material following ten (10) days. The original complaining party will then have ten (10) days to notify CardSnacks that he or she has filed legal action relating to the allegedly infringing material. If CardSnacks does not receive any such notification within ten (10) days, we may or may not restore the material, at our discretion.
- Damages for Improper Notification. CardSnacks reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
- You acknowledge that CardSnacks and its licensors retain exclusive ownership of CardSnacks’ Services and all content and materials provided in connection with the foregoing (other than User Content), and all intellectual property rights associated therewith. CardSnacks and its licensors retain exclusive ownership of any data that is collected by CardSnacks through the operation of CardSnacks’ Services. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to CardSnacks’ Services or any material or content provided in connection therewith. CardSnacks reserves all rights not expressly granted hereunder. CardSnacks expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your account, this Agreement, and/or your use of CardSnacks’ Services if you fail to comply with any such local, state or federal law. You shall promptly notify CardSnacks in writing upon your discovery of any unauthorized use or infringement of CardSnacks’ Services (or any materials or content provided in connection therewith) or any patent, copyright, trade secret, trademarks, or other intellectual property rights of CardSnacks or its licensors CardSnacks is also protected as a collective work or compilation under United States copyright and other laws and treaties. You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with our consent, and you acknowledge that you have no ownership rights in or to any of such items. CardSnacks’ services contain proprietary data and algorithms that are protected by U.S. intellectual property laws and international treaty provisions. You agree that all data and algorithms used in CardSnacks’ Services are "trade secrets" as defined, without limitation, in the California Uniform Trade Secrets Act.
- The following marks are protected pursuant to U.S. Trademark Law mainly governed by the Lanham Act and/or State common laws as trademarks or service marks of Mobigram LLC: "CardSnacks" and CardSnacks’ design logos as well as certain other CardSnacks trademarks, service marks, graphics, and logos used in connection with CardSnacks’ Services (collectively, "CardSnacks Trademarks"). CardSnacks’ Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to CardSnacks’ Trademarks or the trademarks of any third-party.
- We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: (i) which users gain access to the Services; (ii) what Content you access via the Services; or (iii) how you may interpret or use the Content. Moreover, you unconditionally release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
- You acknowledge and agree that to the maximum extent permitted by applicable law, CardSnacks disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, warranties of title and non-infringement, or warranties of fitness for a particular purpose. CardSnacks makes no representations or guarantees that CardSnacks’ Services will be free from defects, corruption, attack, viruses, interference, hacking, uninterrupted or without errors, or other intrusions, and CardSnacks disclaims any liability relating thereto. To the extent applicable laws prohibit this Agreement from disclaiming any implied warranty, such implied warranty shall be limited to the minimum warranty and warranty period required by law.
- You acknowledge and agree that CardSnacks makes no guarantees, representations, or warranties as to the continued use of CardSnacks’ Services and CardSnacks may, without prior notice to you, modify, suspend, or discontinue, in whole or in part, your use of CardSnacks’ Services for any reason whatsoever. If CardSnacks elects to modify, suspend, or discontinue CardSnacks’ Services, it will not be liable to you or any third-party.
- You acknowledge and agree that your submission of any User Content, Public Communications, or any other public information to us is at your own risk. CardSnacks does not assume any liability to you with regard to any loss or liability relating to such information in any way. We reserve the right to, but do not have any obligation to, (i) remove, edit, modify, or block from the Services any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the final sentence of the immediately foregoing paragraph), or for no reason at all.
- You acknowledge and agree that by accessing or using any of CardSnacks’ Services, you may encounter content that may be deemed mature, offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or adult themes, and which in certain circumstances may be due to your interactions with other users or members in the course of accessing or using CardSnacks’ Services. By using CardSnacks’ Service you acknowledge and agree to use CardSnacks knowing that you may be exposed to such content. In addition, CardSnacks may, in the future, provide a setting for an explicit content filter that, when enabled, will attempt to notify a User of "explicit" content. CardSnacks’ explicit content filter, may however, rely upon third-party content owners tagging their content as "explicit" and "non-explicit." Therefore, without proper third-party tagging, to which CardSnacks has no control, CardSnacks may be unable to filter out explicit content and you hereby agree to use CardSnacks knowing that the explicit content filter may not successfully filter certain explicit content. Moreover, you acknowledge that in certain circumstances CardSnacks may be unable to filter our explicit content and you agree to use CardSnacks knowing that the explicit content filter may not successfully filter certain explicit content. Whether CardSnacks successfully filters explicit content, you may deem other "non-explicit" or undesignated Content as explicit, mature, offensive, indecent, objectionable, or adult themed, and you acknowledge and agree to use CardSnacks knowing that you may be exposed to such content. CardSnacks’ attempt to filter explicit content shall not create any obligation on its behalf to successfully preclude such content and you acknowledge that CardSnacks makes no guarantees, representations, or warranties as to whether CardSnacks can successfully filter explicit content, therefore, do not use CardSnacks’ Services if you do not want to be exposed to potentially explicit content. You further acknowledge and agree that under no circumstances shall CardSnacks have any liability to you for any such content and that you use CardSnacks’ Services at your own risk.
- You acknowledge and agree that by accessing or using any of CardSnacks’ Services, you may encounter third-party content, products, or services. You further acknowledge and agree that CardSnacks assumes no responsibility for such content, products, or services.
- You acknowledge and agree that your use, access, download, or otherwise obtain information, materials, or data through CardSnacks’ Services or any third-party content is at your own discretion and risk and that you will be solely responsible for any damage to your property including, but not limited to, your computer system or loss of data that results from the download or use of such material or data.
- You acknowledge and agree that to the maximum extent permitted by applicable law, CardSnacks provides no warranties, either express or implied, with respect to CardSnacks’ Services. Any and all claims, losses, obligations, damages, liabilities, costs or attributable to any failure of CardSnacks’ Services to conform to any warranty will be subject to this Agreement.
- You acknowledge and agree that cardsnacks’ services, including any software contained therein and any upgrades or plug-ins, public communications, content (licensed content or user content), and all other content of any kind are provided "as is", "as available" and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. we, and our directors, employees, agents, suppliers, partners, and content providers do not warrant that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the services is free of viruses or other harmful components; or (iv) the results of using the services will meet your requirements. your use of the services is solely at your own risk.
- Under no circumstances, and under no legal theory, including, but not limited to, negligence, shall CardSnacks or its affiliates, contractors, directors, employees, agents, or third-party partners or suppliers, be liable to you or any other person for any indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for business interruption, corruption of files, loss of business information, lost profits, or any other pecuniary loss arising out of your use, inability to use, malfunction, suspension, discontinuance of or interruption of CardSnacks’ Services, even if we have been advised of the possibility of such damages.
- Notwithstanding the foregoing, under no circumstances shall our direct damages to you for any claim or cause of action whatsoever, and regardless of the form of action, whether arising in contract, tort or otherwise, exceed the greater of the amount paid by you to us, if any, during the 90-day period immediately preceding the date on which you first assert any such claim or ten dollars ($10.00). The foregoing limitations of this Agreement and shall apply to the fullest extent permitted by applicable law.
- These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided on any Third-Party websites or otherwise by Third-Parties other than CardSnacks and received by you through or advertised on CardSnacks’ Services or received by you through any Third-Party websites.
- CardSnacks, and not any third-party (e.g. Apple, Google, etc.), is responsible for addressing any User or third-party claims relating to CardSnacks’ Services or your use of CardSnacks’ Services, including, but not limited to: (i) product liability claims; (ii) claims concerning regulatory requirements; or (iii) claims arising under consumer protection laws or similar legislation.
- Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. the limitations or exclusions of warranties, remedies or liability contained in these terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction in which you are located.
- Third-Party Promotions. CardSnacks or its business partners may present advertisements or promotional materials via CardSnacks’ Services. Your acceptance or participation in promotions of any third-party advertisers via CardSnacks’ Services are solely between you and such third-party and your participation is subject to the specific terms and conditions associated with that advertisement or promotion. You agree that neither CardSnacks nor any third-party (e.g. Apple, Google, etc.) are responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-parties via CardSnacks’ Services.
- Exclusive Defense. If we receive a claim concerning any matter for which you are required to indemnify us, you agree to fully indemnify and hold us harmless, and upon our request, defend us and our licensees and affiliates (including their respective directors, officers, and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) concerning any such claim. Accordingly, you agree to reimburse us and our licensees and affiliates on demand for any payments made in resolution of any liability or claim that is subject to the indemnification terms of this Agreement, provided that we obtain your written consent prior to making any such payments. You agree that your consent will not be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and if you obtain, post, and maintain an appropriate bond for our benefit you may assume control of the defense of such claim, provided that we shall have the right in all events to participate in the defense thereof. CardSnacks otherwise reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of CardSnacks. CardSnacks will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You further acknowledge and agree that in the event of any third-party claim that CardSnacks Services or your possession and use of CardSnacks Services infringes a third-party's intellectual property rights, CardSnacks, and not any third-party (e.g. Apple, Google, etc.), will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court
- Mandatory Arbitration. If a dispute arises between you and CardSnacks, our goal is to provide you a neutral and cost effective means to resolve the dispute quickly. To that end, you agree to first contact CardSnacks at firstname.lastname@example.org . If that does not resolve the issue, then hereby agree to arbitration (except for matters that may be taken to small claims court), as the exclusive form of dispute resolution except as provided for below, for all disputes and claims arising out of or relating to this Agreement or your use of CardSnacks’ Services. Please visit www.adr.org for more information about arbitration.
- Commencing Arbitration. If you intend to seek arbitration, you must first send to the other, by certified mail, a written notice of intent to arbitrate (an "Arbitration Notice"), or, in the absence of a mailing address provided by you to CardSnacks, to you via any other method available to CardSnacks, including via email. The Arbitration Notice to CardSnacks should be addressed to: Mobigram LLC, Attn: Arbitration Agent, PMB #213, 923 Saw Mill River Road, Ardsley, NY 10502. The Arbitration Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If you and CardSnacks do not reach an agreement to resolve the claim within thirty (30) days after the Arbitration Notice is received, you or CardSnacks may commence an arbitration proceeding as set forth below or file a claim in small claims court located in Westchester County, New York. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its commercial arbitration rules and the supplementary procedures for consumer related disputes (the "Rules"), as modified by this Agreement. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The party commencing the arbitration shall be solely responsible for any filing fees.
- Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and CardSnacks agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- No Class Actions. You agree that you may bring claims against CardSnacks only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this mandatory arbitration provision shall be null and void.
- Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within one hundred twenty (120) days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional thirty (30) days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the State of New York in conducting the arbitration. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this Section of the Agreement.
- Choice of Law; Venue. This Agreement and your use of CardSnacks’ Service shall be construed and governed by the substantive laws of the State of New York without reference to its choice or conflicts of law principles and as to matters affecting copyrights, trademarks, and patents, by U.S. federal law. Only if the Mandatory Arbitration clause is deemed to be null and void, then all disputes arising between you and CardSnacks under this Agreement or relating in any way to your use of CardSnacks’ shall be subject to the exclusive jurisdiction of the state and federal courts located in Westchester County, New York, and you and CardSnacks hereby submit to the personal jurisdiction and venue of these courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by email, by facsimile or by first class mail, and shall be deemed effectively given upon receipt.
- Exceptions. Notwithstanding your unequivocal acceptance to resolve all arbitral claims through arbitration, this agreement to arbitrate does not preclude you from bringing an individual claim in small claims court. It also does not preclude CardSnacks from bring claims in a court of law to prevent or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage. Neither party is precluded from seeking relief in a court located in Westchester County, New York for provisional remedies, including temporary restraining orders, preliminary injunctions, and receiverships, pending arbitration or comprehensive litigation, to the extent authorized above. The foregoing provisions of this Section (Dispute Resolution) do not apply to any claim in which CardSnacks seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by CardSnacks or any third-party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against CardSnacks, including with respect to any Public Communications, User Content, or third-party Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in this Agreement.
- Claims. You and CardSnacks agree that, notwithstanding any other rights a party may have under law or equity, any cause of action arising out of or related to this Agreement or CardSnacks’ Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Credits, Holds and Offsets. If CardSnacks receives any claim or threat or a claim that is related to your use of CardSnacks’ Services, we may put a "hold" on any account you have with us, including any monies held on your behalf. Furthermore, to the extent that you owe us any amounts as a consequence your use of CardSnacks’ Services or our settlement of any claim made against you, we may, in our sole discretion, deduct all or a portion of such amounts from any amounts held by us in your accounts, including amounts held in your deposit account, if applicable. Any such deductions will not relieve you of any obligation to pay the remainder of any amounts due from you to us.
- Improperly Filed Claims. All claims you bring against CardSnacks must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, CardSnacks may recover attorneys’ fees and costs of no less than $5,000; provided that CardSnacks has notified you of the improperly filed claim, and you have failed to promptly withdraw the claim.
- Thirty Day Opt Out. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Mobigram LLC, ATTN: Arbitration Opt-out, PMB #213, 923 Saw Mill River Road, Ardsley, NY 10502. The notice must be sent within 30 days of your initial registration for CardSnacks. If you do not opt-out, you shall be bound to arbitrate disputes as laid out above. If you opt-out of these arbitration provisions, CardSnacks will not be bound by them.
- Term. This Agreement will remain effective until terminated by you or terminated by us. Upon termination of this Agreement for any reason, those articles which, by their nature survive termination and will continue in effect (including, but not limited to, the Sections entitled "Authorized Users," "User Submitted Content," "Intellectual Property Rights," "Disclaimer of Warranties," "Limitation of Liability," "License to CardSnacks’ Services," "Trademarks," "Term and Termination," "Indemnification," and "General Information").
- You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge and agree that CardSnacks offered its products and services, set its prices and entered into these terms in reliance upon the terms, warranty, disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and CardSnacks, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and CardSnacks. You acknowledge and agree that CardSnacks would not be able to provide CardSnacks’ Services to you on an economically reasonable basis without these limitations.
- You acknowledge that such consideration includes your use of CardSnacks’ Services and receipt of data, materials, content, and information. You further acknowledge the possibility of our use or display of any User Content or Public Communications and the possibility of the publicity and promotion from our use or display of your User Content or Public Communications.
- Support. If you have questions about your account or CardSnacks’ Services, please contact email@example.com . CardSnacks will use commercially reasonable efforts to keep your account and CardSnacks’ Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. CardSnacks also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of CardSnacks’ Services with or without notice. You understand and agree that neither a third-party (e.g. Apple, Google, etc.), your ISP, nor any other third-party website through which you may have accessed CardSnacks’ Services are responsible for customer service, help, billing or account issues related to CardSnacks’ Services. You agree not to direct any questions, requests for assistance, or inquiries about CardSnacks’ Services to any third-party (e.g. Apple, Google, etc.), your Internet service provider, or to any other third-party website through which you may have accessed CardSnacks’ Services.
- Feedback. If you are dissatisfied with CardSnacks’ Services, please let us know by emailing us at firstname.lastname@example.org . Your input is valuable to us. The only other remedy with respect to any dissatisfaction with (i) CardSnacks’ Services, (ii) any term of this Agreement, (iii) any policy or practice of CardSnacks in operating CardSnacks’ Services, or (iv) any content or information transmitted through CardSnacks’ Services, is to terminate your account. You may terminate your account at any time by closing your account, discontinuing your use of any and all parts of CardSnacks’ Services, and providing CardSnacks notice of termination by emailing us at email@example.com.
- Third-Party Support. Please note that use of any mobile application provided in connection with CardSnacks’ Services may only be used on supported devices and requires your use of the latest version of such mobile application. You are responsible for any third-party devices, hardware or software that are required to use CardSnacks’ Services. Any questions concerning third-party devices, hardware, or software, should be directed to the customer service department of the manufacturer of the particular third-party devices, hardware, or software.
- General Information
- Hardware and Software. You are responsible for providing any and all hardware and software necessary (e.g. fiber optics, cable modems, etc.) to use CardSnacks’ Services.
- Usernames. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
- No Right to Sublicense. CardSnacks’ Services are owned by CardSnacks or licensed to CardSnacks by third-parties. In any event, U.S. intellectual property laws and international treaty provisions protect CardSnacks’ Services. Under no circumstances shall you purport to sublicense, assign, or transfer the license granted to you under this Agreement. Further, any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement are null and void.
- Export Controls. CardSnacks’ Services may not be used by, downloaded, accessed, or otherwise exported or re-exported (i) into (or to a blocked national, specially designated national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has economic and trade sanctions; or (ii) to anyone on the U.S. Treasury Department's Office of Assets Control sanctions list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using CardSnacks’ Services, you represent and warrant that you are not located in, under the control of, or a blocked national, specially designated national or resident of any such country or on any such list. The goods and services offered by CardSnacks are not necessarily available in all geographical areas and / or to all individuals. Your rights under this Agreement are contingent on your compliance with this provision.
- Formal Notice. By using CardSnacks’ Services, you consent to receiving formal notice from us or our affiliates or business partners via electronic communications (e.g., text, email, etc.). These communications may include notices about your account and this Agreement and information concerning or related to CardSnacks’ Services. You agree that any notice, agreement, disclosure, or other communication that we send to you electronically will satisfy any legal communication requirements, including but not limited to, any requirements that such communications be in writing.
- Force Majeure. We shall not be held responsible or liable for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or any other cause beyond our reasonable control.
- Notices. CardSnacks may provide notifications, requests, authorizations, directions, or other communications whether such notifications are required by law or are for marketing or other business related purposes, to you via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on CardSnacks’ Services, as determined by CardSnacks in its sole discretion. CardSnacks reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement. Except as explicitly stated otherwise, legal, and other notices (including but not limited to notices of legal proceedings) shall be delivered to us by certified U.S. mail at Mobigram LLC, Attn: Legal Notice, PMB #213, 923 Saw Mill River Road, Ardsley, NY 10502, or to you at the email address you provided us (i) at the time you registered or (ii) through a subsequent notice of an address change. Physical notices shall be effective when received. Email notices allowed hereunder shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. In addition, we may provide notice by certified mail, postage prepaid and return receipt requested. In such case, notice shall be deemed given when received.
- Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. A waiver by either party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. No delay or failure to act under this Agreement shall constitute any waiver by CardSnacks of any provision of this Agreement.
- No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CardSnacks as a result of this Agreement or use of CardSnacks’ Services and neither party has any authority of any kind to bind the other in any respect. You further acknowledge that by submitting Public Communications, Content, or any other content, no confidential, fiduciary, contractually implied, or other relationship is created between you and CardSnacks other than pursuant to this Agreement or any Special Terms, if applicable.
- Irreparable Injury. You agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by you would cause irreparable injury to CardSnacks and would therefore entitle us to injunctive relief without any additional showing of irreparable injury or harm.
- Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.