Agreement
Welcome to the website (including any subdomains) accessible at www.cardfolder.com (the “Website”) and mobile applications (the “Mobile Application”) operated by Cardfolder Inc. (the “Company”, “we”, “us” or “our” as the context dictates). We are excited to offer you use of our Website or Mobile Application and its related applications and services (collectively, our “Services”).
By accessing and using this Website or Mobile Application, you signify that you have read, fully understand and agree to be legally bound by these Terms of Use (the "Terms of Use" or "Agreement") and to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE OR MOBILE APPLICATION.
Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of this Agreement at any time without incurring any liability or obligation whatsoever to you or any other person or entity. Any changes will become effective upon posting to the Website or Mobile Application, along with the date on which it was most recently updated as indicated by the "Last Updated" date on this page. Your continued access to or use of the Website or Mobile Application after any such changes indicates your acceptance of the Terms and Conditions of Use as modified. It is your responsibility to review the Terms and Conditions of Use regularly for updates.
You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Website or Mobile Application, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
Registration and Account Security
Certain features and/or portions of the Services are password-protected and require you to complete a registration process and create an account (“Account”) in order to obtain access and/or participate. When registering with us to use any such features and/or portions of the Services, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information as it changes. In the event that you do not provide or update such information, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your password and prevent you from using the Services, or any such features or portions of the Services.
It is your responsibility to keep the password provided to you confidential and secure. In the event that your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us at mail@cardfolder.com. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your user Account.
Code of Conduct
Certain features and/or portions of this Website or Mobile Application may (or may in the future) permit you to upload, post or otherwise transmit content that you have created (the “User Content”).
You hereby agree that you shall not use the Website or Mobile Application to upload, post, communicate or otherwise submit or transmit through, or to, the Website or Mobile Application any User Content that:
You hereby agree that you shall not use the Website, Mobile Application or the Services to:
Our Intellectual Property Rights in the Website or Mobile Application and its Content
The Website or Mobile Application consists of various graphics, texts, icons and buttons that have been provided by the Company and/or other entities under our direction (e.g. site or app designers). All such content is owned by the Company and/or the applicable third party entity. For greater certainty, the Company and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Website or Mobile Application, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the “Website or Mobile Application Content”).
You hereby acknowledge that the Website or Mobile Application Content is protected by all copyright, trademark, and other applicable intellectual property laws. Your use of the Website or Mobile Application does not grant or transfer to you any ownership or other rights in the Website or Mobile Application Content, and except as expressly provided, nothing herein or within the Website or Mobile Application shall be construed as conferring on you or any other person any license under any of the Company’s or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Website or Mobile Application Content in any manner whatsoever.
Any rights not expressly granted to you in these Terms of Use are expressly reserved by the Company. For greater certainty, you agree that you will not take any action that is inconsistent with the Company ownership of the Website or Mobile Application and/or the Company ownership of, or any third party’s ownership of, any Website or Mobile Application Content. Without limiting the generality of the foregoing, users of this Website or Mobile Application shall be entitled to copy Website or Mobile Application Content contained within this Website or Mobile Application only for their own personal and non-commercial use, but may not republish or reproduce any such Website or Mobile Application Content in any manner without the prior written consent of the Company.
The Company hereby grants each user of this Website or Mobile Application a limited, non-exclusive and revocable permission to make personal and non-commercial use of the Website or Mobile Application and its Website or Mobile Application Content. For greater certainty, this limited license only allows you to view, download or print materials from this Website or Mobile Application for your own personal and non- commercial use (provided all original copyright, trademark and other notices are preserved in their original form). This limited license does not include any rights not specifically stated in these Terms of Use, and, for greater certainty, does not include permission to copy, redistribute, reproduce or republish, in any form, any content contained within this Website or Mobile Application.
Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Website or Mobile Application may constitute trade names, registered or unregistered trademarks or service marks (collectively, “Trademarks”) of the Company or other entities. Trademarks may be registered in Canada and in other countries as applicable. All Trademarks not owned by the Company are and shall remain the sole and exclusive property of their respective owner(s), and, where used by the Company, are used under license or with permission. Any use of such Trademarks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Website or Mobile Application may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trademark(s). You agree that you will not take any actions inconsistent with the Company ownership of, or any third party’s ownership of, the Trademarks.
You License your User Content to the Company
Certain features and/or portions of this Website or Mobile Application permit you to upload, post or otherwise transmit User Content. By providing User Content, you are giving the Company permission to forever use any User Content you submit on or through the Website or Mobile Application.
By using the Website or Mobile Application and providing User Content, you: (i) grant the Company a world- wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you submit to or through, the Website or Mobile Application; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Website or Mobile Application in favour of the Company. For greater certainty, this means that, among other things, the Company has the right to use any and all ideas you submit (including ideas about our plans, services, publications or campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.
Terms Specific to Mobile Application
As part of the Service, we make available software and/or applications designed for mobile devices (the “Mobile Application”, as defined above). To use the Mobile Application, you must have a mobile device that is compatible with the Mobile Application. The Company does not warrant that the Mobile Application will be compatible with your mobile device. You acknowledge that the Company may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms of Use will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Application is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and the Company or third party partners or suppliers retain all right, title, and interest in the Mobile Application (and any copy thereof).
User Waivers and Representations
By using the Website or Mobile Application and providing User Content, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby acknowledge, agree, warrant and represent to Company that any and all User Content (in any format or media) you post on, upload to or otherwise submit to or through, the Website or Mobile Application:
Without limiting the generality of the foregoing, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) also hereby acknowledge, agree, warrant and represent to Company that:
Indemnification by User
By using the Website or Mobile Application, you hereby agree to release, indemnify, defend and hold harmless the Company, and each of its respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to your use of the Website or Mobile Application, the Website or Mobile Application Content, User Content, and/or breach of these Terms of Use, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action.
Notice of Infringing Content
We reserve the right, in our sole and absolute discretion, to modify, edit or remove any Website or Mobile Application Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.
To complain about Website or Mobile Application Content and/or to provide notice of allegedly infringing materials on the Website or Mobile Application, please contact us at mail@cardfolder.com.
Disclaimer and Limitation of Liability
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE WEBSITE OR MOBILE APPLICATION AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE WEBSITE OR MOBILE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE WEBSITE OR MOBILE APPLICATION WILL BE COMPATIBLE WITH YOUR MOBILE DEVICE, COMPUTER AND SOFTWARE; (II) THE WEBSITE OR MOBILE APPLICATION WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE WEBSITE OR MOBILE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE WEBSITE OR MOBILE APPLICATION WILL BE SECURE; (V) THE USE OF THE WEBSITE OR MOBILE APPLICATION WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE WEBSITE OR MOBILE APPLICATION WILL NOT CAUSE ANY DAMAGE TO YOUR MOBILE DEVICES, COMPUTER SYSTEMS, DEVICES, SOFTWARE OR ELECTRONIC FILES.
COMMENTS OR OPINIONS EXPRESSED ON THE SERVICES ARE THOSE OF THEIR RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON THE SERVICES AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF COMPANY. THE RELEASEES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SERVICES.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE WEBSITE OR MOBILE APPLICATION ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR MOBILE APPLICATION. YOU EXPRESSLY ACKNOWLEDGE THAT COMPANY HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE WEBSITE OR MOBILE APPLICATION AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
Electronic Transmissions
The transmission of data or information over the internet or other forms of networks may not be secure and is subject to possible loss, interception or alteration while in transit. The Releasees do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Website or Mobile Application, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). Subject to applicable law, in no event will the information you provide on or through the Website or Mobile Application be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. You should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such software.
Privacy
Without limiting the generality of these Terms of Use, your use of the Website or Mobile Application is also subject to the terms of our Website or Mobile Application Privacy Policy (the “Privacy Policy”). Please carefully review our Privacy Policy. By using the Website or Mobile Application, you agree that you have read, fully understand and agree to our Privacy Policy.
Accuracy and Changes
Company may make changes to any information or content on this Website or Mobile Application or remove such information and content, at any time and without prior notice. Please consult the Company for complete and up-to-date information on products and services. Unfortunately, there may sometimes be information on the Website or Mobile Application that contains typographical errors, inaccuracies, or omissions, or that is out of date. We reserve the right, in our sole and absolute discretion, to correct any such errors, inaccuracies or omissions and to change or update information at any time.
Governing Law and Jurisdiction
These Terms, and all related matters shall be governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to this Agreement, and any related matters.
Links
This Website or Mobile Application may contain links to websites that are independently owned and operated by third parties. These other websites may have their own privacy policies and terms and conditions that are not governed by these Terms of Use. We are not responsible for the privacy practices or the content of any website(s) owned and operated by any such subsidiaries, affiliates or third parties. Other websites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each website you visit. Any links from this Website or Mobile Application to other websites, or references to products, services or publications other than those of the Company, do not imply the endorsement or approval of such websites, products, services or publications by the Company.
Termination
If you breach any provision of these Terms of Use you may no longer use the Website or Mobile Application. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Website or Mobile Application or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms of Use or your permission to use the Website or Mobile Application is terminated by us for any reason, the Agreement formed by your (or, your parent’s or legal guardian’s on your behalf, if you are under the age of majority in your jurisdiction of residence) acceptance of these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website or Mobile Application and anything relating to or arising from such use. If you are dissatisfied with the Website or Mobile Application or with these Terms of Use, then your sole and exclusive remedy is to discontinue using the Website or Mobile Application. The Disclaimer and Limitation of Liability, Intellectual Property and Indemnity provisions in this Agreement shall survive any termination of this Agreement.
General
If any provision of these Terms of Use is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use. You agree to the use of electronic signatures and documents. You agree that your name and signature shall be affixed to this agreement and constitute your electronic signatures to the same extent as if you had used your written signature.
These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.
Contact Us
Any questions, comments or concerns relating to these Terms of Use can be directed to us at mail@cardfolder.com.