Acceptance of Terms
By using the Website or Services, you indicate that you accept and agree to be bound by these Terms. If you have questions about the Terms, please contact us at support@icardme.com. If you do not agree with the Terms, do not access the Website or use the Services.
Registration Obligations
In consideration for your use of the Website and Services, you agree to provide true, current, accurate, and complete information about yourself as requested during the registration process, and to update such information as may be necessary to keep it true, current, accurate, and complete. You represent that you are of legal age to form a binding contract. If iCard has a reasonable basis to believe that you have not conformed with these registration obligations, iCard has the right to suspend or terminate your account and access to the Website and Services.
Privacy Policy
At iCard, we respect the privacy of personal information you provide to us, and have taken certain steps to protect that privacy. For more information, see our Privacy Policy.
Services Provided
The Services provided to you as a user may include access to and the ability to upload audio files, video files, multimedia files, text, images and other such content ("Content") used in connection with the Services. iCard may, without notice to you, add, remove, or change Services and/or add, remove, or change the functionality of existing Services. Thus, while iCard may supply you with limited e-mail services and storage capacity, you should not consider iCard an archival database for your photos, text, or other digital files. iCard may alter or remove your access privileges at any time and without notice.
You are responsible for obtaining access to the Services and Website, which might involve third party fees (for example, ISP or airtime charges). You are also responsible for all hardware and software necessary to access the Services and Website.
User Conduct
iCard wants the Website and Services to remain useful, fun, and to further the goal of providing an efficient method of sharing contact information. As such, you agree to use the Website and Services in a manner that complies with all applicable laws, and you acknowledge that you are solely responsible for any Content that you upload, download, transmit or otherwise process using the Services.
You further agree not to:
(a) store or transmit via the Services any Content that is offensive, obscene, pornographic, inflammatory, harassing, threatening, tortuous, invasive of another's privacy, abusive, hateful, defamatory, harmful to minors, or is otherwise objectionable;
(b) store or transmit via the Services any Content that infringes any patent, trademark, copyright, rights of publicity, or other intellectual property right;
(c) store or transmit via the Services any Content that violates any applicable local, state, national, or international law that could give rise to civil or criminal liability;
(d) store or transmit via the Services any unsolicited promotional content, advertising materials, "spam," chain-letters, or other such solicitation;
(e) use the Services to publicly broadcast, transmit, or display Content for "pay-per-download" or other commercial purposes;
(f) use the Services to transmit Content which includes a virus, worm, Trojan-horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, the Service or any other Internet host; or
(g) disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of Content stored or transmitted via the Services, including impersonating another person or entity.
iCard does not have any control over e-mails or other forms of messages sent by its users, and we do not guarantee the accuracy or quality of such content, some of which may be offensive, indecent, or objectionable to you. Under no circumstances will iCard be liable in any way for any Content provided in connection with the Website or Services. iCard is not responsible for the actions taken by other users with respect to this Content.
Intellectual Property Rights
Any and all intellectual property rights associated with the Services and Website, including without limitation any inventive concepts, technology, ideas, know-how, publicity rights, patents, trademarks, trade-dress, trade secrets, and copyrights -- are owned by iCard and/or its affiliates or by other parties that have licensed their material to iCard, and may not be copied, reproduced, modified, uploaded, transmitted, or distributed in any way without iCard' written permission. The mark iCard, and the iCard logo are the proprietary marks of iCard.
By making these marks available on this Website, iCard is not granting you a license to use them in any fashion other than that stated herein. Furthermore, this is not intended to be a comprehensive compilation of all iCard worldwide proprietary ownership rights, and iCard may own or control other proprietary rights in the United States and one or more countries outside of the United States.
Access to the Website and Services does not confer upon you any license under any of iCard’ or any third party’s intellectual property rights. All third party names, marks and brands are the property of their respective owners. Any Content uploaded to iCard via any of the Services may also be subject to copyright, trademark, or other intellectual property rights.
Procedure for Making Claims of Copyright Infringement
iCard respects the intellectual property rights of others, and expects its users to do the same. iCard will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (DMCA). Any notifications of claimed copyright infringement must be sent to iCard at the following address: agent@icardme.com.
When notifying iCard of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyright material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.
Links To Third Party Websites
This Website may provide links to other third party websites or resources. Such links to third party sites on this Website are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. iCard has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, iCard makes no representations whatsoever about any other website that you may access through this Website, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Website, you acknowledge and agree that iCard is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that iCard shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party materials, content, products or services available on or through any such site or resource.
Termination
iCard, in its sole discretion, may terminate or restrict your use or access to the Services or this Website (or any part thereof) for any reason, including, without limitation, if iCard believes you have violated or acted inconsistently with the letter or spirit of these Terms, or if you are in breach of the this Agreement.
Disclaimer
THE MATERIALS, CONTENT, SOFTWARE AND SERVICES PROVIDED AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
iCard DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE WEBSITE OR SERVICES OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITE. iCard AND ITS PARTNERS AND AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SOFTWARE AND SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE.
WHILE iCard MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT iCard ON THIS WEBSITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT iCard. iCard UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
ANY MATERIAL, CONTENT, OR SOFTWARE UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
iCard DOES NOT WARRANT OR MAKE REPRESENTATIONS REGARDING YOUR ABILITY TO RECEIVE A PARTICULAR LEVEL OF FINANCIAL REWARDS THROUGH THE USE OF ITS WEBSITE OR SERVICES.
Limitation of Liability
IN NO EVENT WILL iCard, ITS AFFILIATES, PARTNERS, OR OTHER THIRD PARTIES MENTIONED AT THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE OR SERVICES, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS, CONTENT, SOFTWARE OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, iCard'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE OR UTILIZE THE SERVICES.
Indemnity
You agree to indemnify and hold iCard and its vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of violation of these Terms, misuse of the Website or Services, or any of activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the service using your account.
General
Applicable Laws. iCard, from its offices within the United States of America, controls this Website. iCard makes no representation that the Content in this Site is appropriate or available for use in locations other than the United States, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. These Terms and any disputes arising under or related to these Terms (whether for breach of contract, tortuous conduct or otherwise) and any claim relating to the Content shall be governed by the internal substantive laws of the State of Arizona. By using this Site, and agreeing to the Terms, you agree to be subject to personal jurisdiction in the Federal and State courts of the State of Arizona. In addition, you hereby accept and submit to the personal jurisdiction of these Arizona courts with respect to any legal actions, suits or proceedings arising out of these Terms. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms. IF YOU BRING A SUIT IN ANY OTHER PLACE OR JURISDICTION, YOU AGREE THAT WE MY HAVE THE SUIT DISMISSED, AND RECOVER FROM YOU OUR REASONABLE ATTORNEY FEES, COSTS AND EXPENSES, INCLUDING OUR TRAVEL EXPENSES, BY PROVIDING THE COURT WITH A COPY OF THESE TERMS OF USE.
Waiver
iCard's failure to enforce any part of these Terms shall not constitute a waiver of any of iCard’s rights under this Agreement, whether for past or future actions on the part of any person. Neither the receipt of any funds by iCard nor the reliance of any person on iCard’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. A specific, written waiver signed by an authorized representative of iCard may only provide a legal waiver.
Severability
If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.