THESE TERMS AND CONDITIONS OF USE AND SERVICE (TERMS) GOVERN YOUR USE OF THIS SITE AND OTHER SITES OWNED OR OPERATED BY CARDAPPZ (COMPANY), BY INTENTIONALLY OR UNINTENTIONALLY, DIRECTLY OR INDIRECTLY ACCESSING THIS SITE. BY ACCESSING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THE TERMS AND CONDITIONS OF USE AND SERVICE (TERMS) ALL APPLICABLE LAWS AND REGULATIONS, AND AGREE THAT YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE BY THE COMPANY AT ANY TIME IN ITS DISCRETION, AND YOUR USE AFTER ANY CHANGES HAVE TAKEN PLACE AND IMPLEMENTED CONSTITUTES YOUR FULL ACKNOWLEDGEMENT, ACCEPTANCE AND AGREEMENT TO THE CHANGES.

Definitions

The term “Site”, as referred to in these Terms and Conditions of Use and Service shall mean the Site which you are accessing, purchasing a username and password (login) in order to gain access to the Site and enjoy its contents and benefits, viewing, or otherwise communicating with directly or indirectly, intentionally or unintentionally.

The term “Company”, as referred to in these Terms and Conditions of Use and Service shall mean CardAppz and/or any of its owners.

The terms “Partner”,“Partnership”, “Member” and “Membership”, as referred to in these Terms and Conditions of Use and Service shall mean the holder (Subscriber) of a unique and valid username and password (login) for the Site. Membership/Partnership is non-transferable and non-assignable.

The term “Subscriber”, as referred to in these Terms and Conditions of Use and Service shall mean the End User, Consumer of the services of the site and holder of a unique and valid username and password (login) for the Site. By becoming a Subscriber, you authorize the imposition of the charges to your credit card or other means of payment for all Membership/Partnership fees, services, information, and/or other goods at, through, and/or from or pertaining to the Site.

The term “Login”, as referred to in these Terms and Conditions of Use and Service shall mean the combination of a unique username and password that is sold by, and used to access, this Site. A Login is a non-exclusive, non-transferable for an individual member, and no other, to use this Site for a length of time.

The Term “Bookmarking”, as referred to in these Terms and Conditions of Use and Service shall mean the act of placing a web page as a URL in a temporary file on the Subscriber’s browser so that the Subscriber can return to a specific page directly without passing through any precedent pages.

The Term “you”, as referred to in these Terms and Conditions of Use and Service shall mean the individual, group, organization, entity, being and/or user and/or owner of the computer and/or software accessing the Site directly or indirectly, intentionally or unintentionally.

The Terms “Testimonial” and “Idea”, as referred to in these Terms and Conditions of Use and Service shall mean communication on, in, to any media about the Site, Company, products, services, opinions and/or other material. All such communication is assumed by you that it may be freely acquired without charge and/or penalty (usually but not always via download) and used for any purpose (such as but not limited to promotions, sales letters, marketing, etc.) in any and all forms now known or hereafter developed (including but not limited to press releases, video, audio, email, etc.) to be used by Company, Site and any of its officers, staff, advisers, representatives, authorized users, or designees with an unlimited, unrestricted, royalty free access, non-exclusive, worldwide, perpetual license, with right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, Ideas contained therein for new or improved products and services). you also grant to Company the right to use your name, city and state in connection with the communication and/or other materials. You agree that you shall have no recourse against Company for any alleged or actual infringement or misappropriation of any proprietary right in your communications on, in, to any media about the Site, Company, products, services, opinions and/or other material.

Access to this Site

You must be thirteen (13) years or older to access this site. If you are under the age of thirteen (13) years of age, you are not permitted to access this Site. Due to the age restriction and limitation of this site, no information obtained by this site falls within the Children’s Online Privacy Protection Act (“COPPA”) and is not monitored as doing so.

By accessing the Site by intentionally or unintentionally, directly or indirectly accessing this site, you acknowledge and agree to the Terms and Conditions of Use and Service (Terms) all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these Terms and Conditions of Use and Service, you are prohibited from using or accessing this site. The materials contained in this Site are are proprietary, intellectual property, are copyrighted and are or may be protected under treaty provisions and worldwide copyright laws and trade mark law.

The materials on this site may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission, except as expressly stated in the limited license provision of these Terms and Conditions of Use and Service. Purchase of a Membership/Partnership does not grant any express or implied rights to you under any of its trademarks, copyrights or other proprietary information. Except for the third party advertisements or communications and any unauthorized uploads on this Site, for which neither the Site nor the Site owner, screen nor endorse, the Site’s contents are controlled and operated by the Site owner.

Grant of Limited License with Reservations

This product is licensed only for the personal non-commercial private exhibition for the Subscriber. You agree that any public performance, other use, or copying is strictly prohibited. Commercial use of the Site, or any material located within it or on it, is strictly prohibited. This agreement permits you to receive a single, non-transferable, non-assignable license for the non-commercial private exhibition of this product and/or service. This is the grant of limited license with reservations, not a transfer of title, and under this license you may not:

1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on Site;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials to another individual, group, organization, entity, being or “mirror” the materials on any other server;
6. resell, trade, rent, lease or otherwise transfer materials on and/or within this Site except where expressly and specifically stated;
7. access, or attempt to access any materials available at the Site in a manner not expressly authorized by the Company;
8. access, view, download, duplicate, broadcast, receive or otherwise use, or cause or enable others to access, view, download, duplicate, broadcast, receive or otherwise use materials directly or indirectly, intentionally or unintentionally in places which Company does not authorize such access, viewing, downloading, duplicating, broadcasting, receipt or other use.

The Site reserves the right to terminate this license at any time if you breach the Terms and Conditions of Use and Service of this agreement in which case you must, and will be held accountable for, immediately destroy any information downloaded, printed or otherwise copied from the Site.

Disclaimer And Release From Liability

The materials on Site are provided “as is”. Site makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. You alone assume any and all risk associated with use of this Site, product, service. By accessing the Site, and or any linked sites you waive any claim whatsoever against and hold harmless Company, Site and any of its officers, staff, advisers, representatives, or designees that may arise from such use.

You understand and agree that the information contained on and/or within this site and in and on any of its products is for your personal non-commercial private exhibition. You agree that any public performance, other use, or copying is strictly prohibited. Commercial use of the Site, or any material located within it or on it, is strictly prohibited. You further understand and acknowledge that statements made and concepts conveyed throughout the Site, products, services, and/or other material are opinions only. Company and Site make no representation otherwise. You also understand that the Company, staff, officers, advisors, representatives, designees, affiliates, advertisers, owner(s), authorized users, Subscribers, Members, may not share the same opinions expressed on and/or in the Site, products, services, and/or other material.

You are responsible for your own behavior and conduct, none of the material contained herein is to be considered legal or personal advice. Neither Company nor any of its officers, staff, advisers, representatives, or designees shall be liable in any way whatsoever for any direct, special or consequential damages (including, without limitation, damages for loss of data or profit, or due to business interruption) resulting from either your use of this Site, product, service or your inability to use it even under any circumstance in which Company or any of its representative(s) have been advised of potential liability, damages, or injury. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.

You agree to indemnify, defend and hold harmless Company, staff, officers, directors, licensors, suppliers, advisors, representatives, designees, and owner(s) and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person, business, organization, entity and/or other being.

Revisions and Errata

The Site, products, services and/or other materials appearing on and/or in the Site could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its web site are accurate, complete, or current. Company may make changes to the materials contained on its web site at any time without notice. Company does not, however, make any commitment to update the materials.

Links

Company has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Company of the site. Use of any such linked web site is at the user’s own risk.

Hotlinking

Company does not authorize hotlinking (creating and using a link usually to display information such as a picture without hosting the picture on your server) to the source of the file and/or picture. The only exception and authorized hotlinking acceptable is social bookmarking which does not lead to proprietary, restricted, and/or unauthorized Company files. Hotlinking proprietary, restricted, and/or unauthorized Company files is expressly prohibited and is in direct violation to the Terms of Use and Service.

Bookmarking

When you are Bookmarking to a page on the Site whereby the Warning page(s) and/or Terms and Conditions of Use and Service are by-passed shall constitute an implicit acceptance of the Terms and Conditions of Use and Service herein and an explicit acknowledgement of age of majority.

You acknowledge that you understand and acknowledge that Company does not authorize access to any part of the Site in any manner contrary to the express provisions of this Agreement.

Sharing Information

If the Site enables you to share information with others, you agree not to submit, publish, or display on the service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, state, or local law is prohibited and is a breach of this Agreement. You agree not to engage in advertising to, and/or solicitation of others to buy or sell any products or services through the Site without prior written consent. You are responsible for information you send and/or display through the Site even if a claim should arise after cancellation, refund and/or termination of service and/or termination of Membership/Partnership. All messages shall be deemed to be readily accessible to the general public. Do not use the Site for any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Site can and may be read by the operators of the Site, whether or not they are the intended recipient(s).

Communication

Any communication with Subscribers, Members, authorized users, Site and/or Company may be construed to be a Testimonial and/or Idea. Testimonials are used to reflect an average or non typical user experience. Individual results will vary greatly based on your own capacity, effort, hard work, business experience and abilities.

You hereby authorize and permit notices, advertisements, E-mail and other communications to be sent to you from Company, staff, officers, advisors, representatives, designees, owner(s), authorized users by means of e-mail, including without limitation e-mails, advertisements, notices and other communications. You further agree that your authorization and permission to Company to send you such materials and communications shall continue to be in effect unless and until you notify Company that you wish to be deleted from Company’s email list.

Site Terms and Conditions of Use and Service Modifications

Site may revise these Terms and Conditions of Use and Service for its Site at any time without notice. By using this Site, product, service and/or other materials You are agreeing to be bound by the then current version of these Terms and Conditions of Use and Service which supersede all prior Terms and Conditions of Use and Service.

Governing Law

Any claim relating to Site shall be governed by the laws of the European Union without regard to any conflict of law provisions.

 

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