Cards2Life Terms of Service Agreement
Effective Date: Feb 1, 2015
THE TERMS OF THIS AGREEMENT CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR POTENTIAL LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to the terms of this Agreement, please do not use any of the Cards2Life Platforms.
By using the Cards2Life Platforms, you warrant and represent that (a) you are 18 years of age or older or the age of majority in the jurisdiction where you reside; or (b) that your parent or legal guardian has reviewed this Agreement and agrees to its terms. If you (or your parent or legal guardian) do not agree to the terms of this Agreement, you must immediately uninstall the App and discontinue its use. You further warrant and represent that all information you provide to us when you use the Cards2Life Platforms is and will remain complete and accurate.
Ownership of Materials; Licenses
The Cards2Life Platforms include all materials that are included in or are otherwise a part of the Cards2Life Platforms (including past, present and future versions of the Cards2Life Platforms), including, without limitation: graphics; layout; text; instructions; images; trademarks; logos; service marks; audio; videos; designs; ringtones; wallpapers; games; contests and sweepstakes; voting; technology; applications; artwork; information; data; designs; compilation; advertising copy; domain names; any and all copyrightable material (including source and object code); the “look and feel” of the Cards2Life Platforms; the compilation, assembly and arrangement of the materials of the Cards2Life Platforms; and all other materials related to the Cards2Life Platforms (collectively, “Materials”). Subject to your strict compliance with this User Agreement and any Additional Terms, Cards2Life hereby grants to you a limited, personal, revocable, noncommercial, nonexclusive, non-assignable, and nontransferable license to access and view the Materials (excluding source and object code, other than as made available to access and use via standard web browsers to enable display on your device); and, if you use one of our Apps on an App Platform, to use the App as permitted by the Usage Rules set forth in the App Platform’s Terms of Service. No other use of the Cards2Life Platforms or Materials is authorized.
The products, technology, or processes described or used on the Cards2Life Platforms may be the subject of intellectual property rights owned or licensed by Cards2Life or other third-parties. Except for the limited license granted above, nothing contained in this Agreement or anywhere else on the Cards2Life Platforms confers to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of Cards2Life or any third-party. Cards2Life reserves all rights not expressly granted by this Agreement. When you use the Cards2Life Platforms, you must: (a) keep intact all copyright, trademark and other proprietary notices; (b) make no modifications to the Cards2Life Platforms or Materials; and (c) not copy or adapt any object code associated with the Cards2Life Platforms, reverse engineer, modify or attempt to discover any source code associated with the Cards2Life Platforms (nor allow or assist any third-party to do so).
You agree that you will not sell, resell, copy, transfer, reverse engineer, disassemble, decompile, create derivative works of, or allow third-party access to the Cards2Life Platforms, that you will not use, post, transmit, or introduce any device, software, or routine which interferes or attempts to interfere with the operation of the Cards2Life Platforms, and that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Cards2Life Platforms. You will use the Cards2Life Platforms solely for your own personal use and will not make the Cards2Life Platforms available to any third-party for any reason. You further agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute any portion of the Cards2Life Platforms (except as may be a result of standard search engine or Internet browser usage).
Cards2Life grants you the limited, revocable permission, subject to the restrictions in this Agreement, to engage in the following personal uses of Materials that include the ability to share Materials with others (“Social Distribution”): (a) sending Materials to friends or acquaintances or posting and displaying a copy of Materials on a personal, non-commercial website, provided that you do not charge for access to the Materials or associate those Materials with advertising; or (b) posting and displaying a copy of the Materials on a third-party website that permits users to post content, so long as the posting is allowed pursuant to the third-party website’s terms and conditions and policies, and provided that the third-party website does not charge for access to those materials or associate those materials with products, services or advertising. If you engage in Social Distribution, you agree that you will not post any performance claims about a Cards2Life product or service through your Social Distribution and that only Cards2Life may make claims, promises or statements on behalf of Cards2Life about its products and services. You also agree that you will not imply that you and Cards2Life or any Cards2Life brand are affiliated in any way or that Cards2Life approves of your Social Distribution. Except as otherwise permitted by this Agreement or expressly in writing by Cards2Life, you may not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Materials. Cards2Life may, and reserves the right to, revoke Cards2Life’s permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection the Social Distribution of Materials.
Using Your Own Content
Cards2Life may allow you to upload your own photos, artwork, text and other materials (“User Content”) to the Cards2Life Platforms. If we do and you do so, you are subject to the conditions outlined in this Agreement. When you upload User Content to the Cards2Life Platforms, you are representing and warranting that you own the User Content or have full rights to its use in accordance with this Agreement. You are also representing and warranting that the User Content you upload does not violate the Acceptable Use Policy as discussed below. As a user of the Cards2Life Platforms, you also represent and warrant in relation to the User Content that:
You have obtained the consent of any and all individuals mentioned or pictured in the User Content; Uploading the User Content onto the Cards2Life Platforms will not infringe the privacy of any individual or violate any applicable law; and Uploading the User Content onto the Cards2Life Platforms and any subsequent publication of such User Content does not infringe the intellectual property rights of any third-party.
The Cards2Life Platforms may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to upload User Content to the Cards2Life Platforms, receive messages (e.g., SMS and MMS messages, in-App messages, and on-device notifications) from the Cards2Life Platforms, download applications to your mobile phone or device, or access Cards2Life Platforms features (collectively, the “Mobile Features”). We may charge you for Mobile Features. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. If you have registered for Mobile Features, you agree to notify us of any changes to your mobile number and update your account(s) on the Cards2Life Platforms to reflect any such changes.
In addition to the other restrictions and limitations contained in this Agreement, Cards2Life is not responsible for failures in the performance of Mobile Features, including but not limited to, the delivery of electronic messages or cards via the Mobile Features as a result of any technical issues. For example, Cards2Life is not responsible if your electronic message or card is not delivered because:
- the recipient declines delivery;
- the recipient uses an unsupported carrier;
- the recipient’s mobile device or computer cannot display video messages;
- the recipient’s plan does not provide for video messaging;
- the recipient’s carrier is unable to deliver messages to the recipient;
- the recipient’s network connection is interrupted during message delivery; or
- either your or the recipient’s carrier does not support video messaging.
There may be other reasons for a delivery failure as well. Cards2Life is unable to provide refunds for electronic messages or cards that are not delivered due to technical issues for which Cards2Life is not responsible.
Acceptable Use Policy
Cards2Life has adopted the following Acceptable Use Policy in order to ensure that the Cards2Life Platforms are used in a lawful and appropriate manner. While Cards2Life does not ordinarily monitor your use of the Cards2Life Platforms, it reserves the right to investigate reports of misuse of the Cards2Life Platforms and its services, to protect Cards2Life’s property and assets, and to otherwise exercise Cards2Life’s traditional editorial functions. You are prohibited from transmitting the following to, on, or through the Cards2Life Platforms:
- Material or User Content that you do not have the legal right to use, or that otherwise violates another person’s intellectual property rights;
- Harassing, abusive, or threatening messages or User Content;
- Obscene or pornographic messages, images, or User Content;
- Defamatory or libelous messages or User Content;
- Viruses or other harmful, disruptive, or destructive files; or
- Illegal or fraudulent messages or User Content, or that which promotes illegal or fraudulent conduct.
You also may not use the Cards2Life Platforms to:
- Steal passwords or credit card information, nor attempt to do so;
- Conceal or misrepresent the identity of the sender or uploader, nor attempt to do so;
- Advertise or promote a product or service except those provided on the Cards2Life Platforms (e.g., pyramid schemes and multi-level marketing schemes are prohibited);
- Misrepresent yourself or impersonate any other person, user, or company;
- Publicly share or disseminate any other person’s personal information (including, without limitation, address, phone number, email address, credit card number, or any other information that may be used to track, contact, or impersonate that individual); or
- Damage the Cards2Life Platforms or anyone’s computer.
In addition, if you use one of our Apps on an Apple Platform, you acknowledge and agree that your use of the App is also subject to Apple’s Usage Rules as set forth in the iTunes Store Terms and Conditions, and that you must also comply with any applicable third-party terms of agreement when using the App.
All of the Materials available on the Cards2Life Platforms are subject to copyright or are used by us under license from the copyright holder. Cards2Life currently utilizes copyrighted materials from various individuals and entities. Copyright notices for such material are set forth wherever such licensed material appears on the Cards2Life Platforms.
Digital Millennium Copyright Act Notices
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Cards2Life’s Designated Agent (identified below). THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDER REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted via our online form (at http://www.cards2life.com/help/dmca.pd) or to the Designated Agent:
c/o Legal Department
852 E 1910 S #3
Provo, Utah 84606
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), any copyright infringement notification must include all of the following:
- An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, and a description of the infringing activity including of where the material which you claim is infringing is located on the Cards2Life Platforms sufficient to allow us to locate the material;
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published, your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you made and signed under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We may, in appropriate circumstances and at our discretion, disable or terminate the accounts of users who may be repeat infringers.
Counter-Notice: If you believe that User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Utah, 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, Cards2Life may send a copy of the counter-notice to the original complaining party informing that person that Cards2Life may restore the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, the removed User Content may be restored in 10 to 14 business days or more after receipt of the counter-notice, at Cards2Life’s sole discretion.