Accessibility and Account Policies
A. License to Access.
1. You will not copy or distribute any part of Cardfunk.com in any medium without Cardfunk.com's prior written authorization;
2. You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes;
B. Account Policies.
To access and participate in certain features of the Website pursuant to the foregoing license, you will need to create a password-protected account ("Account"). You are solely responsible for safeguarding your password at all times and shall keep your password secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Cardfunk.com immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without permission. You hereby acknowledge and agree that Cardfunk.com will not be liable for your losses caused by an unauthorized use of your account. Notwithstanding the foregoing, you may be liable for the losses of Cardfunk.com or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User."
In connection with your license to access and use the Website, you agree to adhere to the following rules of conduct:
1. You shall not copy or distribute any part of the Website in any medium without Cardfunk.com's prior written authorization.
2. You shall not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
3. You shall provide accurate and complete information when creating your Account.
4. You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without Cardfunk.com's prior written approval or in any way that transmits more request messages to the Cardfunk.com servers, or any server of a Cardfunk.com subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Cardfunk.com reserves the right to revoke these exceptions either generally or in specific cases.
5. You shall not take any action that (a) unreasonably encumbers or, in Cardfunk.com's sole discretion, may unreasonably encumber the Website's infrastructure; (b) interferes or attempts to interfere with the proper working of the Website or any third party participation in the Website; or (c) bypasses Cardfunk.com's measures that are used to prevent or restrict access to the Website.
6. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Contributions.
7. You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
C. Additional Policies.
Participation in Cardfunk.com.
Cardfunk.com makes no representation that any aspect of the Website is appropriate or available for use in jurisdictions outside of the United States. If you choose to access, use, and/or participate in the Website in any manner whatsoever, from locations outside of the United States, you are responsible for compliance with applicable local laws.
A. User Guidelines
1. Cardfunk.com may now or in the future permit the submission of images or other communications submitted by you and other Users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Cardfunk.com does not guarantee any confidentiality with respect to any User Submissions.
2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
3. In connection with User Submissions, you further agree that you will not:
a. Submit 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 Cardfunk.com all of the license rights granted herein;
b. Publish falsehoods or misrepresentations that could damage Cardfunk.com or any third party;
c. Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
d. Post advertisements or solicitations of business.
e. Impersonate another person. Cardfunk.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Cardfunk.com expressly disclaims any and all liability in connection with User Submissions.
4. You understand that when using Cardfunk.com, you will be exposed to User Submissions from a variety of sources, and that Cardfunk.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Cardfunk.com with respect thereto, and agree to indemnify and hold Cardfunk.com and Peerflux, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
5. Cardfunk.com permits you to link to your own User Submissions hosted on the Cardfunk.com Site or User Submissions of other third parties available on Cardfunk.com, for personal, non-commercial purposes only. You understand that the User Submissions, whether or not linked or embedded into other websites, are provided to you only on an as-available basis, and Cardfunk.com does not guarantee that their availability will be uninterrupted or bug free. Cardfunk.com reserves the right to discontinue any aspect to the Site at any time, including discontinuing any linked or embedded Content either generally or in specific cases.
B. Third Party Sites
C. Your License Grant to Cardfunk.com.
A. Intellectual Property Rights
The content on Cardfunk.com, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Cardfunk.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on Cardfunk.com is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
Cardfunk.com reserves all rights not expressly granted in and to Cardfunk.com and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through Cardfunk.com for any commercial purposes.
If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of Cardfunk.com or features that prevent or restrict use or copying of any Content or enforce limitations on use of Cardfunk.com or the Content therein.
B. Copyright Infringement - Take Down Policy.
Pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA"), Cardfunk.com has established policies for dealing with alleged and actual copyright infringement. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please send our the following information to our Copyright Agent in writing (see 17 U.S.C. 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Cardfunk.com designated Copyright Agent to receive notifications of claimed infringement is: Legal Department (Peerflux), who can be reached as follows: telephone: (415)-839-9690; fax: (641)-354-1512; and email: firstname.lastname@example.org You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
C. Cardfunk.com's Rights to Reject, Remove, and Revoke.
Cardfunk.com does not permit copyright infringing activities and infringement of intellectual property rights on the Cardfunk.com Site, and Cardfunk.com will remove all Content and User Submissions if properly notified that such Content infringes on another's intellectual property rights. Cardfunk.com reserves the right to remove Content and User Submissions without prior notice. Cardfunk.com will also terminate a User's access to the Site, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had Content or a User Submission removed from Cardfunk.com more than twice.
Cardfunk.com does not endorse any Submitted Material or any opinion, recommendation, or advice expressed therein, and Cardfunk.com expressly disclaims any and all liability in connection with the contribution of the Submitted Materials. Cardfunk.com reserves the right, in its sole discretion, to remove Submitted Materials at any time without prior notice. Cardfunk.com further reserves the right, in its sole discretion, to modify any meta data uploaded with your Submitted Material, including without limitation, search terms, meta tags, age rating, descriptive language, and category and keyword modifiers. Cardfunk.com shall have no liability for taking any of the foregoing actions. You acknowledge and agree that Cardfunk.com does not guarantee that your Contribution will be distributed or publicly displayed on any part of the Website and that distribution or public display may be subject to acceptance by any third party service provider.
E. Effect of Termination.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; you shall promptly destroy all copies of Cardfunk.com data and content in your possession or control. You further acknowledge and agree that Cardfunk.com shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, Cardfunk.com retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted Cardfunk.com hereunder shall remain in effect for the foregoing purpose. In no event is Cardfunk.com obligated to return any Submitted Material to you.
You agree to indemnify and hold Cardfunk.com and Peerflux, and their officers, subsidiaries, affiliates, successor, assigns, directors, agents, service providers, suppliers, and employees harmless from any claim or demand, including reasonable attorneys fees and court costs, made by any third party due to or arising out of the Termination of Service.
F. Disclaimer of Warranties.
YOU AGREE THAT YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, THE POSTING OR VIEWING OF VIDEO CONTRIBUTIONS, ADVERTISEMENTS, AND ANY OTHER SUBMITTED MATERIAL, SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CARDFUNK.COM AND PEERFLUX, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CARDFUNK.COM AND PEERFLUX MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S DATA, CONTENT, OR SUBMITTED MATERIALS, OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, OR SUBMITTED MATERIALS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT OR SUBMITTED MATERIAL; AND/OR (VII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, ADVERTISEMENT OR OTHER SUBMITTED MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. NEITHER CARDFUNK.COM NOR PEERFLUX ENDORSES, WARRANTS, GUARANTEES, OR ASSUMES RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT, AND NEITHER CARDFUNK.COM NOR PEERFLUX WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD-PARTY PROVIDERS OF PRODUCTS, SERVICES, OR ADVERTISEMENTS. AS WITH THE USE OF ANY PRODUCT OR SERVICE, THE PARTICIPATION IN ANY CONTEST, OR THE PUBLISHING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
G. Limitations of Liability.
IN NO EVENT SHALL CARDFUNK.COM OR PEERFLUX, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, THE POSTING OR VIEWING OF VIDEO CONTRIBUTIONS, ADVERTISEMENTS, AND ANY OTHER SUBMITTED MATERIAL; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, OR SUBMITTED MATERIALS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT OR SUBMITTED MATERIAL; (VII) ANY FAILURE OR INABILITY TO OBTAIN ADVERTISEMENTS FOR ANY PAGE VIEWS; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, OR ADVERTISEMENT OR OTHER SUBMITTED MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CARDFUNK.COM OR PEERFLUX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE THAT THE TOTAL LIABILITY, IF ANY, OF CARDFUNK.COM, PEERFLUX, OR ANY OF THE ABOVE RESPECTIVE PARTIES ARISING FROM OR RELATING TO THE WEBSITE AND/OR SUBMITTED MATERIALS SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO CARDFUNK.COM OR PEERFLUX BY YOU HERE UNDER.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT NEITHER CARDFUNK.COM NOR PEERFLUX SHALL BE LIABLE FOR SUBMITTED MATERIAL, INCLUDING WITHOUT LIMITATION, ANY ADVERTISEMENT PUBLICLY DISPLAYED ON THE WEBSITE, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
H. Force Majeure.
I. Indemnification and Release.
YOU FOREVER RELEASE CARDFUNK.COM AND PEERFLUX (AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, PARENT ENTITIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ANY SUBMITTED MATERIAL POSTED ON THE WEBSITE.
If you are a California resident, you waive California Civil Code Section 1542, which provides the following:
- A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
If you are not a California resident, you waive your rights under any statute similar to California Civil Code Section 1542 that governs your rights in the jurisdiction of your residence.
Termination of Service.
Disclaimer of Warranties, Limitation of Liability, and Release.