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Brandcards Terms of Use

Last Updated on May 8, 2017


BrandcardsTM products and services are provided by Brandcards, Inc., a Delaware corporation, which together with its affiliates, agents, consultants, employees, officers and directors are referred to herein as “Brandcards,” “we,” or “us.” Please read the following terms and conditions (“Terms of Use”) carefully before using the Brandcards website located at www.brandcards.com (“Website”) and/or the other domains, mobile apps, products, services, and/or content provided by Brandcards (collectively with the Website, “Services”). By using or accessing the Services, you agree to be bound by these Terms of Use and acknowledge that they constitute a binding, legal agreement between you and Brandcards, Inc (“Agreement”). You represent and warrant to Brandcards that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to access and use the Services in accordance with this Agreement. Brandcards may amend this Agreement at any time by posting revised Terms of Use on the Website and you agree that your use of the Services after the revised Terms of Use are posted will constitute your acceptance thereof. For your convenience, the date of the latest revision is included at the top of this page.


Authorized Access and Use.


Subject to these Terms of Use, we authorize and license you to access and use the Services solely for your personal use, and you agree that the Services, including any Content (as described herein) provided by or on behalf of Brandcards, may not be used for any commercial or other purpose. This license is revocable at any time without notice. We may change, restrict access to, suspend and/or discontinue the Services at any time, including the availability of any feature, database, or content. We operate and provide the Services from the United States. If you access or use the the Services in a jurisdiction that prohibits or restricts their use, your use thereof will be at your own risk without limitation of any other provision of this Agreement and Brandcards shall have no liability with respect to such use.


The Services, including all information and materials displayed or performed on the Website or as part of the Services, including without limitation text, graphics, articles, photographs, images, illustrations, audio recordings and/or video presentations (collectively, “Content”), are protected as copyrighted works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other laws governing intellectual property rights. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms of Use), create derivative works based on, distribute, perform, display, or in any way exploit the Services or any of the Content. You may download or copy the Content solely for your personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store any significant portion of the Services or the Content in any form or include any Content on other websites or applications (such as by framing). You may link to the homepage of the Website, provided your links use the plain text name of the site (www.brandcards.com) or the full name of Brandcards (Brandcards, Inc.) and do not use any other trademark, trade name or trade dress of Brandcards. Any other use of the Content, including without limitation framing the Website or linking to our Services in a manner that implies an affiliation or other relationship between Brandcards and you or is likely to cause confusion about the source of our Services, is prohibited, unless you obtain our prior written consent.

You may not use our trademarks, trade names or trade dress without our prior written permission. Trade dress, for example, means and includes the overall design and appearance of our Website and our Services. Without limitation of the forgoing, you may not use our trademarks, trade names or trade dress (i) in, as, or as part of, your own trademarks or those of any third parties, (ii) to identify products or services that are not those of Brandcards (iii) in a manner likely to cause confusion, or (iv) in a manner that implies that Brandcards sponsors or endorses or is otherwise connected with your own activities, products or services or those of other parties. Our trademarks and trade dress include without limitation the BrandcardsTM word mark and logo, the layout and design of the Website and our mobile apps, and the names of Brandcards’ features, products, services, mobile apps and/or programs. Any other trademarks that appear on or in connection with our Services are the property of their respective owners and may not be used without the owner’s permission.


Registration, Security and Submitted Information.


When you register to use the Services, you may be required to provide certain information about yourself. You represent and warrant that such information will be accurate and complete and you agree to update that information as necessary to maintain its accuracy and completeness. You are responsible for maintaining the confidentiality of your account, your user name, and your password. Additionally, you are responsible and liable for any and all activities, including purchase transactions, that occur through the use of your user name and password. You agree to comply with Brandcards’ user name and password requirements and acknowledge that we may modify those requirements at any time, including requiring replacement user names and/or passwords.


By using the Services, you consent to our collection, storage and use of the information you provide, as permitted by these Terms of Use and our Privacy Policy, including the transfer of such information within and outside the United States for processing and use by Brandcards and Merchants (as defined herein). Our Privacy Policy is incorporated into, and made a part of, this Agreement. If you do not agree with our Privacy Policy, you are not permitted to access or otherwise use the Services. Please review our Privacy Policy, which you can access through a link on our Website home page.


Except for information necessary to (i) place and receive an order through our Services, (ii) provide us with a notification pursuant to the Digital Millennium Copyright Act (“DCMA”) (see Protecting Copyrights And Other Intellectual Property below), or (iii) as otherwise permitted by our Terms of Use or Privacy Policy, you agree not to send us any confidential, personally identifiable, or proprietary information through this Website or the Services. Any such information sent to us will be considered non-confidential, and by submitting this information you thereby will grant us the perpetual right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.


You agree not to post, transmit or otherwise distribute to the Services any material containing any solicitation of funds, advertising or solicitation for goods or services.


Product and Services Fulfillment and Disputes.


The offering, sale and fulfillment of all products and services made through the Services are made directly by the brand manufacturer, retailer, owner and/or provider of those products and services (“Merchant(s)”). When you place an order for a product or a service through the Services, your order is referred to the Merchant of that product or service for fulfillment. It is the Merchant’s responsibility to accept and process your payment for the product or service you have elected to purchase. Brandcards will not accept payment for or fulfill your order. Our Services simply facilitate the exchange of the Merchant’s product and service information with you and a connection between you and the Merchant in the event you elect to make a purchase. You acknowledge and agree that Brandcards has no obligation to accept payment from you or to fulfill your orders made through the Services. You further agree to look solely to the applicable Merchant(s) for the fulfillment of your orders, including without limitation the shipment of your orders. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations and we disclaim any and all express and implied warranties that may apply, including without limitation any implied warranty of merchantability or fitness for intended use. Any advertisement or offer for any product or service made on or through the Services is void where prohibited by law or otherwise.


In the event of a dispute between you and any Merchant, you understand and agree that Brandcards is under no obligation to become involved and you hereby release Brandcards, its affiliates, directors, officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “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.”


Information Accuracy and Responsibility.


We endeavor to ensure that product and services information posted on or available through the Services is complete and accurate. However, some of this information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We do not guarantee that all products and services described on or through the Services will be available, and we may revise, suspend, limit or terminate product and/or services offerings and promotions at any time without notice. We have made every effort to display as accurately as possible the colors and images of products that appear on or through the Services; however, we do not guarantee that your computer monitor’s or your mobile device’s display of any color will be accurate. All descriptions of and pricing for products or services contained in the Services are subject to change at anytime without notice.


Information publicly posted on or privately transmitted or accessed through the Services is the sole responsibility of the person or company from which such content originated, and Brandcards is not responsible and shall not be liable for any errors or omissions in any such information. You understand we do not guarantee the identity of any other users or Merchants with whom you may interact in the course of using the Services. Additionally, we do not guarantee the authenticity of any information which users or Merchants may provide about themselves. You acknowledge that your access and/or use of all such information is at your own risk, and you will be solely responsible for any damage or loss to any party resulting therefrom. Brandcards is not responsible or liable for any such information, including without limitation any errors or omissions in such information or any loss or damage of any kind incurred in connection with your use of or exposure to such information posted, emailed, accessed, transmitted, or otherwise made available through the Services.


Linked Websites and Services.


The Services may contain links or referrals to third party websites or services (“Third Party Service(s)”) that are not owned or controlled by Brandcards, or the Services may be accessible through a Third Party Service, as described more fully in our Privacy Policy. When you access Third Party Services, you do so at your own risk and you represent and warrant that you have read and agreed to be bound by all applicable policies of any Third Party Services relating to your use of the Services and that you will act in accordance with those policies in addition to your obligations under this Agreement. Brandcards has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, Brandcards does not monitor, edit or control the content of any Third Party Services.

Community Features and Guidelines.


As a convenience to our users, we may provide, as part of or through the Services, one or more interactive user forums, comment areas, email functions, messaging services, file communities, polls, surveys, social media features (e.g. Facebook, Twitter and Instagram), and other services (collectively, the “community features”). Entering or using any community feature will constitute acceptance of these community guidelines. If you do not agree to abide by these community guidelines, you may not access or use any community features. You are entirely responsible and liable for all activities conducted by you within the community features, including the transmission, posting, or other provision of community content to any portion of the community features. Listed below are some, though not all, violations that may result in Brandcards terminating or suspending your access to community features on a temporary or permanent basis, as determined by us in our sole discretion (“community guidelines”). You agree not to engage in any of the following actions or conduct while using the Services, including any of the community features:


  • Violate these community guidelines or abuse the community purpose of the comment areas.
  • Participate in any part of the Services if you are under the age of 18.
  • Use profanity, obscenities, or **asterisks** or other “masking” characters to disguise profane or
  • obscene words.
  • Use obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening or
  • harassing language of any kind.
  • Impersonate other users.
  • Attack (flame or “cyberbully”) individuals, companies or products, although you are otherwise welcome
  • to respectfully offer your opinions or comments on the subject at hand.
  • Post topics on message boards, on the Website, or within any of the community features that are
  • unrelated to the subject of the Services.
  • Advertise or promote other companies or uniform resource locators (URLs).
  • Share personally identifiable information with others on the Website or through the Services.
  • Include advertising in communications.
  • Post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Brandcards all of the license rights granted herein.
  • Include advanced fonts, java, tables, html, or other programming codes or commands in messages.
  • Distribute or otherwise publish any community content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You also acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization.
  • Collect or harvest the information of any user or otherwise access the Services using automated means (including but not limited to harvesting bots, robots, spiders or scrapers).

Information disclosed in community features is by design revealed to the public. We are not responsible for any information you choose to disclose to others. We reserve the right, but not the obligation, to remove any posts for any reason. Brandcards does not endorse the community content in the community features and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) 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 any community content provided through a community feature. By posting or uploading community content to any community feature or submitting any other community content to the Website or through the Services, you grant (or warrant that the owner of such rights has expressly granted) Brandcards a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, disclose, reproduce, modify, adapt, publish, translate, sub license, create derivative works from and distribute such materials or incorporate such community content into any form, medium, or technology now known hereafter devised throughout the universe in perpetuity. You represent and warrant that the content as uploaded or posted by you does not infringe upon the rights of any third parties, including, without limitation, any intellectual property rights, copyrights, rights of publicity or privacy, so called “moral rights” or other similar or analogous rights under any applicable laws in any country or region of the world.

Submission Policy.


We are pleased to hear from our users and welcome your comments regarding the Services. However, we generally do not accept or consider creative ideas, suggestions, or materials other than those we have specifically requested. While we value your feedback on our Services, we request that you be specific in your comments on those Services, and that you not submit any unrelated creative ideas, suggestions, or materials (e.g. ideas for new business processes or mobile apps). We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Brandcards might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as designs, photographs, drawings, original artwork, or audio/visual presentations.

If you at any time send, provide us with, or post certain specific submissions at our request (e.g., via message boards or in connection with sweepstakes, contests and/or other promotions) or if you at any time send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a “submission” and collectively, the “submissions”) despite our request that you not send us any unsolicited submissions or other creative materials, the submission will be treated as non-confidential and non-proprietary in each instance. Accordingly, none of the submissions will be subject to any obligation of confidence on the part of Brandcards. By sending one or more submissions to the Website or to Brandcards through the Services, you grant (or warrant that the owner of such rights has expressly granted) Brandcards a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sublicense, create derivative works from, and distribute such submissions and to incorporate such submissions into any form, medium, or technology now known hereafter devised throughout the universe in perpetuity, without according you any compensation or credit. You represent that such submissions do not infringe upon the rights of any third parties, including, without limitation, any intellectual property rights, copyrights, rights of publicity or privacy, so called “moral rights,” or other similar or analogous rights under any applicable laws in any country or region of the world.


Disclaimer of Warranties; Limitation of Liability.


YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES, THE CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE SERVICES, AND ANY SOFTWARE APPLICATION MADE AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND BRANDCARDS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESSED AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY OR THROUGH THE SERVICES. BRANDCARDS AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON OR THROUGH THE SERVICES. BRANDCARDS AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR USER CONTENT OR OTHER CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD-PARTY, OR FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.


YOU UNDERSTAND AND AGREE THAT BRANDCARDS SHALL NOT BE LIABILE FOR THE LOSS OF ANY INFORMATION YOU MAY CHOSE TO STORE IN YOUR BRANDCARDS ACCOUNT IN YOUR COMPUTER OR MOBILE DEVICE.


YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRANDCARDS AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, MEMBERS AND EMPLOYEES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, GENERAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE FOREGOING HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


Indemnification.


YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, BRANDCARDS AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, MEMBERS AND EMPLOYEES, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATIONS REGARDING: (1) YOUR USE OF THE SERVICES; (2) OUR USE OF ANY USER CONTENT OR INFORMATION PROVIDED BY YOU; AND (3) ANY BREACH OR VIOLATION OF THIS AGREEMENT BY YOU.


Protecting Copyrights And Other Intellectual Property.


We respect the intellectual property of others, and require that our users do the same. If you are a copyright owner or an agent thereof and believe that your work has been copied in any way, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Website; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Our Copyright Agent for notification of claimed infringement can be reached as follows:

Brandcards, Inc.
terry@brandcards.com
Mailing Address:
4212 Riley Drive, Longmont, CO 80503
Attention: Legal

Assignment and Termination.


We may at any time transfer our rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliates, or to any entity that acquires any of our assets or with which we merge or combine. You may not assign or delegate this Agreement or your rights or obligations hereunder without our prior, written consent. We reserve the right, at our sole discretion, immediately and without notice, to suspend or terminate this Agreement, your registration for any feature, program or service offered on the Website or through the Services, and your ability to access the Website or through the Services, for any reason, including without limitation any breach by you of this Agreement or conduct by you that we determine to be inappropriate. You agree that Brandcards and its affiliates shall not be liable to you or any third-party for any suspension or termination pursuant to this provision.


Dispute Resolution.


By visiting our Website, you agree that (a) the laws of the State of Colorado, without regard to principles of conflict of laws, will govern any and all disputes that arise between you and Brandcards (collectively, the “Parties”) regarding your access to or use of the Services, and (b) except as as described in the arbitration provision in the following paragraph or as otherwise agreed by you and Brandcards, any legal action relating to such disputes must be brought, as applicable, in the state and/or federal courts located in Denver County, Colorado that have subject matter jurisdiction over the dispute. You also consent and agree to submit to the personal jurisdiction of these courts and hereby waive any and all objections to such jurisdiction, including without limitation objections based on an inconvenient forum.


Any claim or dispute by or among the parties to this Agreement (excluding claims for injunctive or other equitable relief) shall be resolved exclusively by binding non-appearance-based arbitration pursuant to the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”). The arbitration shall take place in Denver County, Colorado and the internal laws of the State of Colorado (other than conflicts of laws rules) and the United States of America shall apply. Part or all of the arbitration may be conducted by telephone and/or based on written submissions and shall not require the personal appearance of the Parties or any witnesses, unless otherwise agreed by the parties. The allocation of costs and fees for such arbitration shall be determined in accordance with the AAA Rules. If such costs are finally determined by the arbitrator to be excessive in a consumer dispute, Brandcards will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. Each party shall be responsible for its own attorneys fees. The arbitration shall be conducted by a single, neutral arbitrator engaged in the practice of law who is mutually agreed upon by the parties or failing such agreement within 14 days from the delivery of the original arbitration demand, each party shall select one arbitrator and the two selected arbitrators shall mutually agree upon the selection of a third arbitrator within 30 days from the delivery of the original arbitration demand. The arbitrator’s decision and award shall be final and binding and may be entered in any court with jurisdiction. Nothing in this Agreement will prevent a party from seeking injunctive or other equitable relief with respect to the infringement, misappropriation or other violation of such party’s intellectual property or other proprietary rights in any court of competent jurisdiction. In the event the foregoing agreement to arbitrate is deemed unlawful, void, or for any reason unenforceable with respect to any claim, dispute or controversy, then any such claim, dispute or controversy shall be filed and adjudicated only in the state and/or federal courts located in Denver County, Colorado in accordance with the preceding paragraph.


You agree not to assert, and do hereby waive any right you may have to assert, any claim or dispute against Brandcards that arises under or is subject to these Terms of Use as a class action claim or a claim asserted collectively with others who are not a party to this Agreement, whether asserted in a class action lawsuit under applicable United States law or otherwise.


Miscellaneous.


If any provision of this Agreement is found by a court of competent jurisdiction or an arbitrator to be invalid, you and we agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in such provision and the other provisions of this Agreement shall remain in full force and effect. Paragraph and section headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such paragraph or section. Our failure to act with respect to any failure by you or others to comply with this Agreement does not waive our right to act with respect to subsequent or similar failures. You and we agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications to this Agreement must be in a writing signed by both parties or posted by us and accepted by you in accordance with these Terms of Use and our Privacy Policy. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to act on behalf of or to bind Brandcards in any respect whatsoever.