CardStar Terms of Service (Website)
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
Your use of the websites located at and through www.cardstar.com and www.mycardstar.com (collectively, the “Sites”), is expressly conditioned on your acceptance of these Terms of Service (these “Terms”). By using the Sites, you signify your assent to these Terms. If you do not agree with any part of these Terms, you must not use the Sites. The Sites are operated by CardStar, Inc., a wholly-owned subsidiary of Constant Contact, Inc. (“CardStar,” “we,” or “us”).
These Terms were last updated: July 30, 2012
TABLE OF CONTENTS:
3. USE OF SITES
4. AGE AND RESPONSIBILITY
6. ADDITIONAL TERMS
7. REVIEW OF TRANSMISSIONS
8. DISCLAIMER OF WARRANTIES
9. LIMITATION OF LIABILITY
12. MONITORING COMMUNICATIONS
13. CLAIMS OF COPYRIGHT INFRINGEMENT
14. GOVERNING LAW
18. UK SITE VISITORS
The Sites, including the individual images, graphics, text and layout, button icons, audio and video clips, digital downloads, data compilations and software, as well as the compilation of the content displayed on the Sites (the “Content”), is our copyrighted property. CARDSTAR and SYNCSCAN are our registered trademarks. The Keyring With Star Logo, THE LOYALTY GRAPH, MOBILIZING LOYALTY, GO CARDLESS WITH CARDSTAR and THE RIGHT OFFER, AT THE RIGHT TIME, ON THE RIGHT DEVICE are our trademarks and/or service marks in the United States and/or other countries. The names of other companies and products displayed on the Sites are the trademarks of their respective owners. All such trademarks, service marks and logos displayed on the Sites, whether owned by us or various third parties, are referred to herein as the “Trademarks.” Except as otherwise granted in these Terms, nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content or Trademarks.
3. USE OF SITES.
We grant to you a limited, non-transferable license to use the Sites in accordance with these Terms. You may only use the Sites to view information presented at the Sites and to make legitimate inquiries or submissions. You may not use the Sites for any other purposes, including without limitation, to make any false or fraudulent inquiries or submissions. The Sites, including the Content, may not be copied, reproduced, republished, framed, mirrored, uploaded, posted, transmitted, modified, sold, transferred, sub-licensed, distributed, disassembled, decompiled, or reverse engineered without our written permission, and, where applicable, the permission of our third party partners, except that you may download, display and print the materials presented on the Sites for your personal, non-commercial use only. You may not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on the Sites without our prior written permission. You agree that you will not transmit or otherwise transfer any web pages, data or content found on the Sites to any other computer, server, website, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites. You agree that you will not take any action that imposes a burden or load on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate to the benefits we obtain from your use of the Sites. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials on the Sites, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting (a) any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, (b) any information which infringes the rights of others or violates their privacy or publicity rights, (c) any information which is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (d) any information which contains a virus, bug or other harmful item, or (e) any information which is used to collude unlawfully with or against another person in restraint of trade or competition. Unauthorized use of the Sites and/or the materials contained on the Sites may violate applicable copyright, trademark or other intellectual property laws or other laws and you shall be solely liable for any damages resulting from your infringement thereof, a breach of your obligations hereunder or any other harm resulting from your use of the Sites.
4. AGE AND RESPONSIBILITY.
The Sites are not directed to persons under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with personal information without such parent or guardian’s consent, he or she should contact us. If we become aware that a child under 13 has provided us with personal information, we will delete such information from our files. You represent that you are of sufficient legal age to use the Sites and to create binding legal obligations for any liability you may incur as a result of the use of the Sites.
6. ADDITIONAL TERMS.
Additional terms and conditions may apply to purchases of goods and services and other uses of portions of these Sites, and you agree to abide by such other terms and conditions. Your use of any software licensed by us through a third party distributor, such as the Apple® iTunes Store®, Google Play™, BlackBerry App World™ or Windows Marketplace®, is governed by the applicable current end user license agreement or other agreement, which is made available through the applicable third party distributor.
7. REVIEW OF TRANSMISSIONS.
We may, from time to time, monitor and review any information transmitted or received through these Sites and reserve the right to sensor, edit, remove or prohibit the transmission or receipt of any information that we deem inappropriate or in violation of these Terms.
8. DISCLAIMER OF WARRANTIES.
THE SITES AND THE CONTENT LOCATED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS OTHERWISE REQUIRED BY LAW, WE AND OUR AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, NEITHER WE NOR OUR AFFILIATES OR THIRD PARTY PARTNERS WARRANT THAT ACCESS TO THESE SITES WILL BE ERROR-FREE OR UNINTERRUPTED. NEITHER WE NOR OUR AFFILIATES WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY OF ANY INFORMATION, RESULTS, OR CONTENT PROVIDED ON THE SITES OR IN ANY EMAIL COMMUNICATION SENT BY OR ON BEHALF OF US OR ANY OF OUR AFFILIATES.
9. LIMITATION OF LIABILITY.
NEITHER CARDSTAR, CONSTANT CONTACT, INC. NOR ANY OF THEIR RESPECTIVE AFFILIATES, BUSINESS PARTNERS, SUPPLIERS AND PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “CARDSTAR”) ASSUMES ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THESE SITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITES.
EXCEPT WITH RESPECT TO DEATH OR PERSONAL INJURY DUE TO THE NEGLIGENCE OF CARDSTAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CARDSTAR BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF CARDSTAR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF CARDSTAR TO YOU ARISING IN CONNECTION WITH THESE TERMS SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (a) THE SUBSCRIPTION FEE AND SERVICE CHARGE, IF ANY, FOR ACCESSING THE SITES OVER THE TWELVE MONTHS PRECEDING THE CLAIM AND (b) US$100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
You hereby agree to defend, indemnify and hold harmless us and our affiliates, business partners, suppliers and providers, licensors, officers, directors, employees, distributors and agents from and against any damages, losses, liabilities, penalties, settlements and expenses (including without limitation costs and reasonable attorney fees) in connection with any claim or action that arises as a result of your use of the Sites or violation of these Terms. In addition, you acknowledge and agree that we have the right to seek damages when you use the Sites for unlawful purposes, in an unlawful manner, or in a manner inconsistent with these Terms, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of the Sites, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.
The Sites contains links to other websites which are provided solely as a convenience to you and not as an endorsement by us of the contents of such other websites. We shall not be responsible for the content of any other websites and make no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk.
12. MONITORING COMMUNICATIONS.
You agree that we may, in our sole discretion, but are not obligated to, monitor or record any of your telephone conversations and chat texts with us for quality control purposes, for purposes of training our employees and for our own protection. You acknowledge that not all telephone lines or calls are recorded by us and that we do not guarantee that recordings of any particular telephone calls will be retained or capable of being retrieved.
13. CLAIMS OF COPYRIGHT INFRINGEMENT.
If you believe any materials accessible on or from these Sites infringe your copyright or other intellectual property, you may request removal of those materials (or access thereto) from the Sites by contacting our copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (for example, the URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Any information required to be included in a copyright infringement report under the United Kingdom Digital Economy Act 2010 (as we shall notify to you from time to time and request from you as necessary).
4. Your name, address, telephone number and (if available) email address.
5. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
7. A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to these Sites is as follows:
Constant Contact, Inc.
1601 Trapelo Road
Waltham, MA 02451
Phone: (781) 472-8100
Fax: (781) 472-8101
14. GOVERNING LAW.
These Terms and their performance shall be governed by the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts, United States of America, in all questions and controversies arising out of your use of the Sites and these Terms. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Sites must be brought within twelve (12) months from the date on which such claim or action arose or accrued.
We control and operate the Sites from our headquarters in the United States of America and the Sites may not be appropriate or available for use in other locations. If you use these Sites outside the United States of America, you are responsible for following applicable local laws.
If we take any action to enforce these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney fees and any cost of litigation, in addition to any other relief, at law or in equity, to which we may be entitled. You acknowledge that a violation or attempted violation of any provision of these Terms will cause such damage to us as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that we shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by us in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.
We may terminate these Terms and/or the provision of any services related to the Sites at any time for any reason, including due to your improper use of the Sites or your failure to comply with these Terms. Such termination shall not affect any right to relief to which we or our affiliates, business partners, suppliers and providers, licensors, officers, directors, employees, distributors or agents may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will terminate and revert to us or our affiliates or other third parties, as applicable.
In our sole discretion, in addition to any other rights or remedies available to us and without any liability whatsoever, we at any time and without notice may terminate or restrict your access to any component of the Sites.
If you have any questions about the rights and restrictions above, or would like to report any inaccuracies or errors, please contact us by email at email@example.com.
18. UK SITE VISITORS.
If you are accessing the Sites from the UK, Sections 9 and 10 of these Terms will not apply to you as set out above, but will be replaced in their entirety with the following wording:
“9. LIMITATION OF LIABILITY.
Except with respect to fraudulent misrepresentation, death or personal injury due to the negligence of CardStar, or liability that may not otherwise be limited or excluded by law, to the maximum extent permitted by applicable law, under no circumstances and under no legal theory, tort (including negligence), contract, breach of statutory duty or otherwise, shall CardStar, Constant Contact, Inc. or any of their respective affiliates, business partners, information providers, licensors, officers, directors, employees, distributors or agents (collectively referred to for purposes of this section as “CardStar”) be liable to you or any other person for any loss of profits, revenue, business, goodwill or anticipated savings, or for any indirect or consequential losses, even if foreseeable or if CardStar shall have been informed of the possibility of such damages, or for any claim by any other party, other than where caused by CardStar’s material breach of these Terms, and regardless of the form of the action (whether in contract, tort (including negligence), breach of statutory duty, product liability or otherwise), the maximum aggregate liability of CardStar to you arising in connection with these Terms shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge, if any, for accessing the Sites over the twelve months preceding the claim and (b) US$100.00.
You hereby agree to defend, indemnify and hold harmless us and our affiliates, business partners, suppliers and providers, licensors, officers, directors, employees, distributors and agents from and against any damages, losses, liabilities, penalties, settlements and expenses (including without limitation costs and reasonable legal fees) in connection with any claim or action that arises as a result of your breach of Sections 1, 2, 3, 4, 6 and 11 of these Terms.”