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.
Trademarks and Other Intellectual Property
Use of any Cards2Life trademarks as meta-tags for search engines, as keywords to trigger sponsored advertising, or in any other manner not expressly authorized by Cards2Life, is strictly prohibited. The Cards2Life Platforms are neither endorsed, nor sponsored by, nor affiliated with the National Academy of Recording Arts & Sciences, Inc. or Apple Inc. GRAMMY and the gramophone and speaker logo are registered trademarks of the National Academy of Recording Arts & Sciences, Inc., and APPLE, the Apple logo, iTunes, and other Apple trademarks, service marks, graphics, and logos used in connection with the iTunes Service are trademarks or registered trademarks of Apple and/or Apple Inc. in the U.S. and/or other countries. All rights reserved. Certain functionality provided via the Cards2Life Platforms may be covered by U.S. Patent 5,930,474. If you believe that any content on a Cards2Life Platform violates your exclusive rights other than copyrights, please provide Cards2Life at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights that is sufficient for us to evaluate your complaint; and (d) your accurate contact information. Please submit your complaint via our form and send an email to firstname.lastname@example.org. In the event of any third party claim that one of our Apps available on an Apple Platform or your possession of an App available on an Apple Platform infringes on that third-party’s intellectual property rights, as between Cards2Life and Apple, Cards2Life will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Spam and Other Technical Restrictions
You may not use the Cards2Life Platforms to send electronic messages, cards, or other content to mailing lists or to any person to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. Cards2Life reserves the right to limit, in its sole discretion and without prior notice to you, the number of electronic messages or cards or the amount of other content that you may send using the Cards2Life Platforms or the number of recipients to whom you send such cards, messages, or other content. You are solely responsible for your actions and communications undertaken or transmitted using the Cards2Life Platforms and your account with Cards2Life. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploaded User Content and transmissions in order to ensure compliance with this Agreement.
You may choose, at your sole and absolute discretion and risk, to use applications that enable interactions between the Cards2Life Platforms and a third-party website or online service (each, an “Application”), such as linking your profile on any of the Cards2Life Platforms with a third-party website or enabling you to “like” a product or “share” content on other websites. Such Applications may interact with, connect to or gather and/or pull information from and to your profile on the Cards2Life Platforms. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Cards2Life Platform accounts, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Cards2Life has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold Cards2Life harmless for the sharing of information relating to your Cards2Life Platform accounts that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on an Application.
Third-Party Links and Advertisements
Cards2Life may feature on the Cards2Life Platforms, in its newsletters, or in other communications to you, links to third-party websites, social media platforms, or other services. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. Accordingly, you expressly acknowledge and agree that we are in no way affiliated with such third party sites or otherwise responsible or liable for your use of any such third-party sites or online features. Your use of such services is subject to the terms and conditions established by such third-parties. THE INFORMATION, CONTENT, AND PRODUCTS (INCLUDING GOODS AND SERVICES) AVAILABLE THROUGH ANY THIRD-PARTY LINKS (COLLECTIVELY, “THIRD-PARTY PRODUCTS”) ARE OFFERED BY INDEPENDENT ENTITIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH Cards2Life, Cards2Life.COM, Cards2LifeCM, INC., CARDS2LIFE.COM, EGCB, Inc., Cards2Life INTERACTIVE, INC., CARDS2LIFE CORPORATION; YOU EXPRESSLY ACKNOWLEDGE AND Cards2Life THAT Cards2Life IS NOT RESPONSIBLE OR LIABLE TO YOU IN ANY WAY FOR YOUR USE OF THIRD PARTY SITES OR YOUR PURCHASE OF THIRD-PARTY PRODUCTS. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD-PARTIES FOUND THROUGH THE Cards2Life PLATFORMS, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, INCLUDING (IF APPLICABLE) IN-APP PURCHASES, GIFT CARDS AND ANY TERMS, CONDITIONS, WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY AND Cards2Life IS NOT IN ANY WAY RESPONSIBLE FOR YOUR USE. Cards2Life WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY THIRD-PARTY. There may be circumstances where access to the Cards2Life Platforms is provided by a link located at another website. Neither Cards2Life nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither Cards2Life nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither Cards2Life nor its affiliates endorses the individuals, companies, or other similar entities, or any products, services or materials associated with such individuals, companies, or other similar entities, that provide a link to the Cards2Life Platforms.
Sweepstakes, Contests & Promotions
The Cards2Life Platforms may contain or offer sweepstakes, contests, or other promotions, which may be governed by a separate set of official rules and have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration or entry will be valid or restricted and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest, or promotion.
Purchase of Products and Services
Some of the features of the Cards2Life Platforms, including the purchase of electronic and paper cards, digital products, services, memberships and subscriptions (collectively, “Products and Services”), and the delivery thereof, will require you to pay a fee. You agree to pay those amounts shown to you during the checkout or similar process and understand that Products and Services are not returnable. The delivery of any Products and Services to you does not transfer any commercial or promotional rights in the Products and Services. You may not resell, rent, lease or provide the Products or Services to any person and you shall not modify, publish, participate in the transfer or sale of, reproduce, or create new works from, any of the Products or Services in whole or in part. You are specifically prohibited from using any of the Products or Services to send commercial advertising or mass mailings of any kind. Cards2Life may also impose limits on certain features and services or restrict your access to parts or all of the Product and Services without notice or liability. Once you download a digital product from the Cards2Life Platform, it is your responsibility not to lose, destroy or damage it.
You understand that the Products, Services and content we provide on the Cards2Life Platforms is subject to change at any time, and that Products, Services and content may be added or removed at Cards2Life’s discretion. Such changes may include, among other things: the addition or removal of content, Products and/or Services, the requirement that you pay to have access to certain content, Products and/or Services and content, Products and/or Services that you have previously paid for being made available at no charge. If you chose to send content through the Cards2Life Platforms on a per send basis, you may send the content you have purchased for 30 days. Any subsequent sends, even of the same content, will require additional payment. There is no refund for per send content.
If you subscribe to become a Cards2Life member through the Cards2Life Platform, we will charge the applicable Membership fee (to the payment method supplied in your Personal Account at the time of purchase. You may cancel your Membership and request a refund only within thirty (30) days after your payment has been processed. Monthly Memberships may be cancelled for the upcoming month, but refunds will not be given for prior months. Instructions for requesting a cancellation can be found under, “Help Center”.
Your Subscription will automatically be renewed at the end of the Subscription term if you opt-in for auto renewal on the confirmation page when you place your initial order unless: (1) you cancel your renewal during your Subscription period; or (2) you request a cancellation within 30 days after your renewal payment has been processed. Monthly Subscriptions can be cancelled for the upcoming month, but no refund will be given for prior months. Instructions for requesting a cancellation can be found under “Help Center”.
Occasionally, we offer trial periods during which customers register for a Subscription and enjoy all of the Subscription benefits on a trial basis. If you sign up for a trial period and cancel during the trial period, the payment information provided will not be billed. If you do not cancel during the trial period we will automatically charge the applicable Subscription fee to the payment method that you have supplied during the registration process. No refunds will be issued after the trial period.
If you redeem a promotional Membership on Cards2Life, you will not be required to provide payment information to access your membership benefits for the length of the promotional term. Please note that a promotional membership differs from a trial membership in this regard. If you choose to remain a member past the promotional period, you will be required to provide payment information (such as a credit card number) to maintain membership benefits.
Gift cards (“Gift Cards”), are issued by a third-party and any unused balances are not redeemable for cash and cannot be returned for a cash refund (except as required by law), exchanged, resold, or used to purchase gift cards. Unused balances are not transferable. Gift cards may be redeemed through the Cards2Life Platform only in the United States, its territories and possessions. The Gift Card value is 1/10 of one cent. Cards2Life is not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. Risk of loss and title for a Gift Card pass to the purchaser upon the electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable.
You are responsible for all usage or activity on your Personal Account, including the use of the account by any third-party authorized by you to use your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Personal Account and any memberships or subscriptions, in our sole discretion. Cards2Life reserves the right to disclose any personal information included in your Personal Account or related to your use of the Cards2Life Platforms, Products and Services, to third-parties in the course of investigating abuse of our Products and Services and to forward such information to appropriate law enforcement agencies. You must notify Cards2Life of any known or suspected unauthorized use of your Personal Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
If you are under the age of 18, you may only purchase Products or Services with the permission of a parent or guardian. Cards2Life reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion. Cards2Life reserves the right to terminate your Personal Account for violation of any of these rules.
payment of fees and charges
You agree that you will pay all fees and charges that may be accrued by or in connection with your Personal Account at the rates in effect for the billing period in which such fees and charges are incurred. Cards2Life reserves the right in its sole discretion to bill fees and charges to any of the payment methods you have included in your Personal Account. Billing occurs at the time of purchase. Rates may change at any time. Cards2Life does not provide price protection or refunds if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products or Services purchased on a non-Subscription basis (individual downloads, shipped products, paper cards, per send iPad content, etc.) or promotional offerings are final and non-refundable. For information about refunds on a Subscription, refer to the section titled, “Subscriptions”.
All purchases include applicable sales taxes in effect at the time of purchase and will be based on the bill-to address provided in the Personal Account. No customers are eligible for tax exemptions for purchases made on this Site.
methods of payment
If you purchase Products and Services, you must provide a method of payment to Cards2Life, such as a credit card account number or a checking account number (either on the Cards2Life Platform or by phone). Cards2Life will charge or debit the then-current price to your method of payment. If you have purchased a Subscription, Cards2Life will automatically renew your Subscription and charge your method of payment at the end of the applicable term for the then-current Subscription fee if you opt-in for auto renewal. Cards2Life also charges a separate service fee to offset the cost of this method of billing. If you have purchased a Subscription, Cards2Life will automatically renew your Subscription and debit your account at the end of the applicable term at your original Subscription price plus a service fee. The service fee is non-refundable. In no event will Cards2Life be liable for any NSF or other bank fees resulting directly or indirectly from any debits to your checking account.
Certain Products and Services can be purchased through Premium SMS Billing. These charges are processed by your mobile phone carrier, and third-parties designated by your carrier. The charges will appear on your mobile phone bill during the next billing cycle after your purchase. Purchases made by Premium SMS are final and non-refundable, even in the event of technical incompatibility or non-functionality of the content. Questions or problems relating to Premium SMS Billing should be addressed to your mobile phone carrier.
The Cards2Life Platforms may not be used as a photo storage service. We will not store photos for longer than 13 months (and in our sole discretion and without liability, we may remove photos before thirteen months). We cannot guarantee the availability of photo storage, or of the quality or resolution of any photos saved on the Cards2Life Platforms. Additionally, we may reduce the size or resolution of any photos you submit on the Cards2Life Platforms in order to make them compatible with our systems and processes. For more information about our practices with regard to photo storage, see the FAQ.
The Cards2Life Platforms may provide certain content that you may choose to include on your personal web page, blog, page on a social networking site, or similar page (“Personal Page”) by pasting into your Personal Page the HTML or other code provided by Cards2Life and labeled as embed code (or a similar identifying label) (“Widget”). Cards2Life grants you a limited, revocable license, subject to the restrictions in this Agreement, to include the Widget, as provided by Cards2Life (without editing) on your Personal Page only. You agree that you will not include or otherwise make available a Widget on a web page or website containing content that is distasteful, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in Cards2Life’s sole opinion). As described in the “Disclaimer of Warranties” section of this Agreement, Cards2Life makes no specific warranties about Widgets. Cards2Life may discontinue providing the services necessary for the Widgets to operate at any time for any reason without any liability to you. In addition, Cards2Life may disable Widgets that you include on any Personal Page if you violate this Agreement (as determined by Cards2Life in its sole discretion) or for any or no reason, without any liability to you. You agree that Cards2Life’s license grant to you to use a Widget on your Personal Page does not provide you with any intellectual property rights, including copyrights, in the materials made available via any Widget. You agree to not sell, lease, hypothecate, transfer, license, distribute, reproduce, encumber or otherwise exploit the content made available in a Widget, in whole or in part, without the express written consent of Cards2Life. You agree to include, and not remove or alter, Cards2Life’s trademark, copyright or other proprietary rights notices, as provided by Cards2Life on the Widget. You also agree to not use (or attempt to use) the Widget to display content other than the content provided or intended by Cards2Life to be displayed via a particular Widget. Except as expressly stated otherwise, the Widget and any and all content provided through the Widget are subject to this Agreement in their entirety.
Disclaimer of Warranties
THE Cards2Life PLATFORMS (INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, LINKS, MESSGES, PRODUCTS OR SERVICES PROVIDED ON THE Cards2Life PLATFORMS, WIDGETS, MOBILE FEATURES, SOCIAL DISTRIBUTION, AND WIDGETS) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, Cards2Life AND ITS SUBSIDIARIES AND AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, VENDORS, CONTENT PROVIDERS, LICENSORS, LICENSEES, AND OTHER REPRESENTATIVES (EACH AN “Cards2Life PARTY” AND, COLLECTIVELY, “Cards2Life PARTIES”) DO NOT WARRANT THAT YOUR USE OF THE Cards2Life PLATFORMS WILL BE ERROR-FREE, TIMELY, UNINTERRUPTED, OR SECURE; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE Cards2Life PLATFORMS OR THE SERVER THAT MAKES THE Cards2Life PLATFORMS AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE Cards2Life PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE Cards2Life PLATFORMS IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE Cards2Life PLATFORMS IS AT YOUR SOLE RISK. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE Cards2Life PLATFORMS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY Cards2Life PARTY, WHETHER MADE ON THE Cards2Life PLATFORMS, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU UNDERSTAND THAT BY USING THE Cards2Life PLATFORMS YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION(S) WHERE YOU ACCESS OR USE THE Cards2Life PLATFORMS. THE Cards2Life PARTIES NEITHER ENDORSE NOR ARE RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, STATEMENT, OR USER CONTENT MADE OR DISPLAYED ON THE Cards2Life PLATFORMS BY THIRD PARTIES (INCLUDING ANY USER OF THE Cards2Life PLATFORMS) AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM SUCH CONTENT OBTAINED ON OR THROUGH THE Cards2Life PLATFORMS. PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE Cards2Life PLATFORMS. A POSSIBILITY EXISTS THAT THE Cards2Life PLATFORMS COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE Cards2Life PLATFORMS BY THIRD PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE Cards2Life PLATFORMS, THE Cards2Life PARTIES MAKE NO GUARANTEES AS TO THE COMPLETENESS OR CORRECTNESS OF THE Cards2Life PLATFORMS. Cards2Life IS ALSO NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC MESSCards2LifeES, CARDS, OE OTHER CONTENT REACHING THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE Cards2Life PLATFORMS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY WARRANTY NOT EFFECTIVELY DISCLAIMED IN THIS AGREEMENT, YOU MAY, IF YOU ARE USING ONE OF OUR APPS ON THE APPLE PLATFORM, NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APP (IF ANY); AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE AND Cards2Life WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO A WARRANTY NOT EFFECTIVELY DISCLAIMED IN THIS AGREEMENT WILL BE Cards2Life’S SOLE RESPONSIBILITY. NOTWITHSTANDING THE FOREGOING, Cards2Life AND YOU ACKNOWLEDGE THAT APPLE (IF YOU ARE USING ONE OF OUR APPS ON THE APPLE PLATFORM) HAS NO OBLIGATION TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APP.
IF YOU ARE USING ONE OF OUR APPS ON THE APPLE PLATFORM, THEN NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, AND SUBJECT TO THESE TERMS, Cards2Life AND YOU ACKNOWLEDGE THAT AS BETWEEN APPLE AND Cards2Life, Cards2Life IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS YOU MAY HAVE RELATING TO THE APP OR YOUR POSSESSION AND/OR USE OF THE APP, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE APP FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES SHALL THE Cards2Life PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES) (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES) ARISING OUT OF OR IN ANY WAY RELATING, DIRECTLY OR INDIRECTLY, TO (A) THE Cards2Life PLATFORMS (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, WIDGETS, MOBILE FEATURES, SOCIAL DISTRIBUTION, APPLICATIONS, AND INFORMATION, PRODUCTS AND SERVICES CONTAINED ON OR AVAILABLE ON OR THROUGH THE Cards2Life PLATFORMS); (B) USER CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE Cards2Life PLATFORMS; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE Cards2Life PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE Cards2Life PLATFORMS; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY MATTERS; (G) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE Cards2Life PLATFORMS; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE Cards2Life PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE Cards2Life PLATFORMS). IN NO EVENT WILL THE Cards2Life PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE Cards2Life PLATFORMS IS TO STOP USING THE Cards2Life PLATFORMS, AND THE SOLE AND EXCLUSIVE MAXIMUM Cards2LifeGREGATE LIABILITY OF THE Cards2Life PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN DOLLARS ($10.00) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE Cards2Life PLATFORMS.
YOU Cards2LifeREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF Cards2Life’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION THE Cards2Life PLATFORMS OR ANY Cards2Life WEB SITES, MOBILE APPS, PROPERTY, PRODUCT, SERVICE, OR OTHER Cards2Life PLATFORM CONTENT OWNED OR CONTROLLED BY THE Cards2Life PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY Cards2Life PLATFORM, MOBILE APP, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE Cards2Life PARTIES.
BY ACCESSING THE Cards2Life PLATFORMS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
The information provided on or through the Cards2Life Platforms themselves are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We control and operate the Cards2Life Platforms from offices located in the United States and make no representations or warranties that the information, products or services available through the Cards2Life Platforms are appropriate for use or access in other locations. Anyone using the Cards2Life Platforms from other locations does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws apply. We reserve the right to limit the availability of the Cards2Life Platforms or any portion of the Cards2Life Platforms, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide. Software related to or made available by the Cards2Life Platforms may be subject to United States export controls. Thus, no software from the Cards2Life Platforms may be downloaded, exported or re-exported: (a) into 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 (b) by or to any person listed on any U.S. Government list of prohibited or restricted persons. By downloading any software related to the Cards2Life Platforms, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Termination and Enforcement By Cards2Life
In the event Cards2Life determines, in its sole discretion, that you have violated this Agreement, Cards2Life will have the right to immediately terminate your account (with or without refund), refuse membership, suspend or block access to your use of the Cards2Life Platforms, or block the sending, receiving or uploading of content from the Cards2Life Platforms, or pursue any other remedies available to it under applicable law. Cards2Life also reserves the right to investigate suspected violations of this Agreement. Any violation of this Agreement may be referred to law enforcement authorities. Cards2Life further reserves the right at any time to modify or discontinue, temporarily or permanently, any of the Cards2Life Platforms with or without notice. You agree that Cards2Life will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Cards2Life Platforms. Any provision of this Agreement, which by its terms, ought to survive, shall survive any termination of this Agreement.
Governing Law and Dispute Resolution
Except for disputes relating to the infringement of your or Cards2Life’s intellectual property (such as trademarks, trade dress, copyright and patents) or where you or Cards2Life are seeking a preliminary injunction (“Excluded Disputes”), you agree that all disputes between you and Cards2Life (whether or not such dispute involves a third party) with regard to this Agreement, your use of the Cards2Life Platforms, or any Cards2Life advertisement or promotion, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. Neither you nor Cards2Life will participate in a class action or class-wide arbitration for any claims covered by this Agreement. This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent, Utah law. The arbitration will be conducted in Utah County, Utah, in the English language by three arbitrators appointed in accordance with the American Arbitration Association’s Rules. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages. This Agreement is governed by and construed in accordance with the laws of the State of Utah without giving effect to any principles of conflicts of law. You agree that any action at law or in equity relating to the arbitration provision of this Agreement or the Excluded Disputes will be filed only in the state or federal courts located in Utah County, Utah and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Updates to This Agreement
We reserve the right to modify or add to this Agreement at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Cards2Life Platforms so that they are accessible via a link on the home page, and that your use of the Cards2Life Platforms after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review this Agreement before using the Cards2Life Platforms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Cards2Life Platforms from that point forward.
Last Revised: June 20,2019
Cards2Life (“Cards2Life”, “we”, “us” or “our”) spends a lot of time thinking about what is important to you. We know that includes making the most of birthdays and holidays, spectacular paper sculptures, bloom-filled trees, and sharing unexpected Magical Moments with the people you love.
Cards2Life, 852 1910 S #3, Provo, UT 84606, is the data controller responsible for the Website and any handling of Personal Information by Cards2Life.
You can contact the personnel at Cards2Life responsible for the protection of Personal Information at the following email address: email@example.com.
Our Website are directed to and structured to attract Users over age 18. If you are under age 18, you are not permitted to use our Website. If you are a parent with concerns about children’s privacy issues in conjunction with the use of the Sites, please contact us at firstname.lastname@example.org.
INFORMATION WE COLLECT
We collect a variety of information about our Users, in different ways.
Information You Provide To Us
We collect Personal Information that you provide to us by, for example, filling out a form, registering for an account, making a purchase, or contacting us. We collect Personal Information you provide to us in several ways, including:
- If you create an account on our Website, we collect your name, e-mail address and password.
- If you place an order with us, we collect the Personal Information that you provide to us such as your shipping, billing, and payment information. See the ‘Payment Information’ section below to read more about how we and our partners handle your payment information.
- If you design and personalize a product, such as a business card, we collect the Personal Information you use to customize the product, such as the name of your company, ect.
- If you contact our Customer Service agents, you may provide us with Personal Information that we collect.
- If you participate in a sweepstakes, contest or survey on our Website, we will collect certain Personal Information from you. Participation in these sweepstakes, surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose the requested information.
- If you take the opportunity to review our products or participate in public forums associated with the Website or engage with us on social media, we will collect Personal Information in any such reviews, posts, comments or photos. Note that reviews or posts on forums will be public so you should use care before posting information about yourself online.
Information Collected Automatically
When you visit our Website, we may automatically collect certain information, namely:
- your usage of the Website, such as the pages you visit and the products you search for;
- your transactions with us, for example, the type of product you purchased and the costs of each product;
- technical information, for example, your IP address, time zone and location, and the type of operating system and web browser you use and related information; and
Information from Other Sources
From time to time, we may acquire additional information about our Users from third parties, such as the Postal Service and third parties that assist us in the provision of products and services requested by you. This may include third-party analytics providers and advertising networks.
OUR USE OF INFORMATION
We use the Personal Information that we collect for various purposes.
We use it to generate your orders and fulfill the orders you place.
We use Personal Information to carry out our legitimate interests. These include:
- maintaining and improving our Website, including personalizing your online experience and ensuring content is presented in the most effective manner for you;
- keeping our Website safe and secure;
- providing information, products and services that you request and other transactional or administrative updates;
- informing you about products and services that we offer and that are similar to those you have already purchased or asked about;
- measuring the effectiveness of advertising we serve to you and others and to make our future marketing efforts and those of third parties more effective; and
- to administer our Website and for internal operations, including troubleshooting, data analysis, research, testing, statistical and survey responses.
We use Personal Information to fulfill our legal obligations, like keeping records for compliance purposes.
And, we use Personal Information to provide you, or permit selected third parties to provide you, information about products and services we feel may interest you, but only if you have consented to receiving these communications.
We may also combine the information which you provide to us (such as your registration details) with information which we collect about you (such as information about your orders) and/or receive from other sources, and use this combined information for the purposes set out above.
Cards2Life uses third party payment processors Shopify, Stripe, Amazon Pay and PayPal to process payments made for products and services via the Website. All online payments will be conducted in accordance with Payment Card Industry (PCI) data security standards. Your billing information (which is only used by these payment processors for fraud protection) is encrypted before being communicated to them. Subject to the below exceptions, your credit card details are communicated directly from your browser to these payment processors - Cards2Life never sees your full Permanent Account Number (PAN).
Shopify, Inc. provides us with the online e-commerce platform that allows us to sell our products and services to you. Some of your Personal Information is stored through Shopify’s data storage, databases and the general Shopify application. Shopify stores your data on a secure server behind a firewall.
If you use a credit card to make a purchase (with the exception of wedding and membership purchases, which are discussed below), then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
Types of Cookies We Use
We use the following categories of cookies on our Website.
Strictly Necessary Cookies
These cookies are essential to enable you to move around the Website and use its features, such as accessing secure areas of the Website. Without these cookies, services you have asked for, like check out, cannot be provided.
These cookies collect information about how visitors use the Website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don't collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how the Website work.
These cookies allow the Website to remember choices you make (such as your user name) and provide enhanced, more personal features. They may also be used to provide services you have asked for such as watching a video or commenting on a blog.
Target Or Advertising Cookies
These cookies collect information about your browsing habits to make advertising delivered to you more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising. They are usually placed by advertising networks with our permission. They remember what you have looked at on our site, and we may share this information with other organizations such as advertisers.
Not all advertising you may see from us is a result of target or advertising cookies. We purchase ad space in different places that you may come across, even if you have disabled target or advertising cookies.
More information on target and advertising cookies, including how you can disable these technologies, is available at www.aboutads.info/consumers.
Third Party Cookies
When you use our Website, your device or browser may be sent cookies from third parties, for example when using embedded content and social network links. We have no access to or control over cookies used by these companies or third party Website. We suggest you check the third party Website for more information about their cookies and how to manage them.
How To Manage Cookies
The Help menu on the menu bar of most browsers will tell you how to enable or prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Information on changing cookie setting for commonly used browsers can be found at www.allaboutcookies.org/manage-cookies/index.html.
DISCLOSURE OF INFORMATION
We may disclose information about our Users to third parties consistent with this Policy.
In order to carry out certain business functions, such as order fulfillment, payment processing, e-mail delivery, or marketing, we may hire other companies to perform services on our behalf (“Service Providers”). We may disclose Personal Information that we collect to these companies to enable them to perform these services. By way of example, information relating to your order which we have combined with other Personal Information (as explained above) may be shared with our third party service providers that assist us with our marketing efforts. We do not disclose to Service Providers more Personal Information than is necessary to carry out the service that they provide, and require Service Providers to keep Personal Information confidential.
Third Party Partners
We may partner with third parties to provide you with information about products or services that we feel may be of interest to you. We will only disclose your Personal Information to such third parties if you have consented to receiving such information.
Law Enforcement, Protection of Cards2Life, Users, and Others
We may also disclose Personal Information in other circumstances as required by law. We also reserve the right to disclose your Personal Information when we believe such disclosure is appropriate to cooperate with an investigation of activities claimed to be unlawful, to enforce our Terms of Service, or to protect the rights or property of Cards2Life or others.
In addition, it is possible that in the future another company may acquire Cards2Life or its assets or that Cards2Life may partner with or purchase another company to continue to do business as a combined entity. In the event that any such transaction occurs, it is possible that Personal Information, may be transferred to the new business entity as one of Cards2Life’s assets. In such an event, we will update this policy to reflect any change in ownership or control of your Personal Information.
WHERE WE STORE DATA
Cards2Life transfers, processes and stores data about you on servers located in the United States. We use data processors, however, that may store or process your data in a different country. Your Personal Information may therefore be transferred to, processed and stored in a country different from your country of residence, and be subject to privacy laws that are different from those in your country of residence. Information collected within the European Economic Area (“EEA”) and Switzerland may, for example, be transferred to and processed by third parties located in a country outside of the EEA and Switzerland, where you may have fewer rights in relation to your Personal Information. By using the Website and providing us with your Personal Information, you are consenting to the transfer, processing and storage of your Personal Information in countries outside of your country of residence.
THIRD PARTY PRODUCTS AND SERVICES
While you are visiting or using the Website, you may be presented with an opportunity to purchase third party products or services. These products and services are offered and supplied by independent companies. If you click on one of the presented offers, you will be redirected to the site of the third party, and any information you provide in response to the offer will be will be governed by the privacy and other policies of that third party. We do not guarantee the security of your Personal Information when using such third party sites or that the operator of such third party sites will comply with applicable data protection laws and regulations.
Communications from Cards2Life
If you do not want to receive email communications from Cards2Life about our own or third-party products and services that may be of interest to you, you can update your preferences in the My Account section of our Website. You can also click on the unsubscribe link at the bottom of one of our emails. We may still contact you via mail or phone, unless you request to be added to our Do-Not-Call list, and/or our Do-Not-Mail list by contacting us using the below details and indicating your preferences. Please be sure to provide your exact name, e-mail address, mailing address and telephone number(s) and the list or lists you would like to be included on (Do-Not-Call, and/or Do-Not-Mail).
Even if you opt-out of email marketing or choose to be placed on one of these lists, we may still communicate with you using any of these methods for those non-marketing purposes set out above in the ‘Our Use of Information’ section.
Deactivation Of Your Account
You may request deactivation of your Cards2Life account by contacting us using the contact information below and requesting deactivation. Please note that you Personal Information may remain in our archived records after your account has been deactivated, but we will not keep it for longer than necessary to fulfill the purposes described above.
Retention and Deletion
We retain Personal Information for as long as useful or permitted to further the purposes of collection. You can request deletion of your Personal Information. We provide information on how to do that below. Remember, though, that even if you request deletion of your information, we may keep certain information for a time after your deletion request to comply with legal or recordkeeping requirements. Also, we may not always be able to delete all of your information because of technical or other constraints.
Updating And Access To Your Personal Information
If you wish to change your name, e-mail address, password, and/or communication preferences after you have registered, you can access your account in the My Account section of the Website. You may also request these changes by contacting us using the below details.
For European Union Residents
If you are a resident of the European Union, you have several additional rights regarding personal information:
- You have the right to request an accounting of all Personal Information that we possess that pertains to you in an electronically portable format (e.g., electronic copies of information attached to an email).
- You have the right to request that we change any Personal Information that pertains to you.
- You have the right to request that we delete any Personal Information that pertains to you.
- You also have the right to lodge a complaint regarding our use or processing of your Personal Information with a national Data Protection Authority. Each European Union member nation has established its own Data Protection Authority, so please consult local authorities for details.
When you establish an account at Cards2Life, you choose a password to help protect your account information. A password is only as strong as you make it: you should select a unique password and keep it safe. You may change your password as often as you wish by going to My Account section of the Website. You are responsible for keeping this password confidential. We ask you not to share a password with anyone. Our sign-in process is designed to help protect your privacy. If you have trouble signing in to our Website, please ensure that you are using your registered e-mail address and correct password. If you are using your registered e-mail address and correct password, and you continue to have trouble signing in to our Website, please contact us using the details below.
Notwithstanding the above, unfortunately, the transmission of information via the internet is not completely secure. Although we employ commercially reasonable safeguards to protect your Personal Information, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk.
CARDS2LIFE CONTACT DETAILS
If you need to contact Cards2Life about privacy or this policy:
852 1910 S
Provo, Utah 84606
When writing to us, please be sure to include your exact name, mailing address, telephone number and specific preferences or request.
In our sole discretion, we may assign this Agreement in whole or in part, without notice to you. You may not assign this Agreement without our prior written consent.
Third Party Beneficiary
If you use one of our Apps on the Apple Platform, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your entry into this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary.
The waiver by either party of any breach of this Agreement will not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing, and signed by the party waiving its rights. This Agreement may be modified only by a written instrument executed by authorized representatives of you and Cards2Life.
If you have any questions, complaints, or claims, you may contact Cards2Life at:
Cards2Life Customer Support
852 E 1910 S #3
Provo, Utah 84606
You may also send us an email via our email: email@example.com.
This Agreement, along with any applicable written Additional Terms, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this Agreement or Additional Terms by any representations or promises not specifically stated herein or in the written Additional Terms.
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.