Terms of Service - Cardmunch

Last Updated: 28 Aug. 2018

Please read these Terms before you continue using the rest of our website.

We—cardmunch.com further to be referred to as “we”, “us” or “our”—operate this site and provide access to it. It—the “Website”—is conditioned on your acceptance without modifying the terms, conditions and notices contained herein (referred to as “Terms”) as well as the Privacy Policy stated elsewhere on this website.

When you access and use this website you automatically agree to the Terms and the Privacy Policy set out on the site. If you don’t agree to these, refrain from using the website.

Note: The Terms require disputes to be resolved in a forum in the US (United States of America) only. For more information you can review the applicable laws and disputes section.

1. Modifying the Terms

We reserve the right to change the Terms if and when we see fit. After each change we will update the “Last Updated” information above.

It is your responsibility to access this page to determine if changes have occurred. When you continue using the website after changes occur this is deemed as your acceptance of the adjustments. Changes won’t apply retroactively unless you’re given notice specifically.

2. Who is the Website For?

You need to be at least 13 years old to be eligible to use this site. The Website it not intended for use by younger individuals.

3. Using the Site

This Website is designed for personal use and non-commercial use only. You’re not allowed to:

Sell or exploit the Website commercially
Sell or exploit access to the featured content
Modify content without our written permission
Distribute, transfer or transmit any part without permission
Perform, display, reproduce or create derivative works of the content without permission
Publish the content unless given written permission

By using the website you acknowledge the fact that misuse of the content can cause harm to us. You also agree that if you use content without authorization we’re within our rights to serve an injunction and other remedies as the law provides & in equity.

We reserve the right to stop anyone from using this website at any moment and for any or no reason. This includes situations where someone violates these Terms, if verification of your information isn’t possible or if we gauge that your activities can lead to loss or legal liability for anyone (you, us or other users).

You don’t have permission to access the website or any site provided by our content with the assistance of:

Robots
Spiders
Scrapers
Any automated means

You’re note allowed to:

Pursue activities that place a large load on our infrastructure
Affect the functioning of the Website
Circumvent measures put in place to govern access to the site

4. Communication With Our Users

If you send content, comments or any information (referred to as “Communication”) to us on a voluntary basis the following regulations apply:

It’s viewed as non-confidential
It’s non proprietary
We don’t have to maintain confidentiality

Each user takes responsibility for his or her Communication and is therefore liable for claims, liabilities or damages that result from the Communication. It’s each user’s responsibility to ensure his or her Communication:

Doesn’t infringe copyright or trademark guidelines
Doesn’t defame
Can’t be viewed as trade libel regarding another individual or entity

Therefore the opinions and statements shared in Communication on this website belong to the user thereof, not the Website. We can therefore also not guarantee accuracy, usefulness or completeness and we don’t endorse all content shared.

We call on each user to confirm that his or her Communication is correct, true and accurate before sharing on the Website.

5. Disclaimer of Liability for Editorial Content

On our website you’ll find reviews, feedback and information on a range of products & services. These products and services are provided by third parties and not the Website. Therefore we don’t take responsibility for how these products perform. We don’t guarantee:

Functionality
Utility
Safety
Reliability

We encourage our visitors to use the guidelines provided by the various manufacturers and service providers regarding the products.

We do our best to provide informative and truthful content but we don’t guarantee accuracy or its completeness. Therefore we can’t be held liable for mistakes and omissions in content or loss & damage resulting from the use of the content we display or the products we mention.

The list of products may contain medical items or products and service relating to your health. Please not that we do not give professional medical advice and users must consult medical & health professionals for advice before:

Taking any suggestion mentioned in the content as truth
Interpreting information about these products
Taking any action with any of these products or services relating to medical or health issues

In regards to using these items or starting a health related program: We urge you to adhere to the guidelines and directions given by the manufacturers of the products & use it in conjunction with the advice from a medical professional.

We cannot be held responsible for any consequences that follow the use of a medical or health related product or service or a medical decision a user makes that relate to a product shown on the Website.

6. General Disclaimer

We don’t offer a warranty—express or implied—on the accuracy, adequacy, usefulness, timeliness, reliability or completeness of any informational content or Communication posted by users. This relates to:

Text
Graphics
Links

This is all provided ‘as is’ and to the fullest extent permissible by applicable law we deny any warranty—express or implied—of merchantability and fitness relating to a specific purpose. We deny warranties of non infringement and don’t guarantee that the site, products or the server are free of computer viruses or other damaging components. We disclaim warranties that arise from the course of dealing or the course of performance.

We don’t offer a warranty that functions found on the site will always be faultless and work uninterrupted. We can’t guarantee that problems or defects will be amended.

If the jurisdiction where you stay don’t permit these limitations they may not apply to you.

7. Limits of Liability

Under no condition can we be held liable for damages whether direct or not, special, incidental, punitive, exemplary or consequential. This also applies to any event where we have been advised that such damages are possible whether it relates to an action under contract, due to negligence or any theory which arises from usage, inability to use or the performance of the content, the Website, the product and materials available on this website & their functionality.

Limitations still apply in spite of failure of the purpose of any limited rectification.

These limitations will not apply if your jurisdiction:

Doesn’t allow limits of how long an implied warranty lasts
Doesn’t allow excluding or limiting liability for consequential or incidental damage

8. Indemnity Statement

Through the use of the website and/or if you violate any of these Terms you promise to indemnify—also defend and view us as harmless—against:

Losses
Expenses
Damages
Costs including attorney fees

8.1 Which Laws and Disputes Apply?

Our Terms are governed by and interpreted in respect of the substantive laws of the State of New York in the United States of America, without regard to the choice of law provisions. Unless otherwise specified in this document all disputes that relate to the Terms or arise from the Terms must be settled in New York City courts in the USA. By accepting these Terms you consent to this venue option and the exclusive jurisdiction of this court over any and all disputes.

Any dispute that relates to these Terms needs to be individually resolved and not resort to class action of any kind. All claims, awards and judgments are limited to the real out of pocket costs & no individual is entitled to claiming his or her attorney’s fees. No one has the right to be awarded or to claim punitive, special, incidental or consequential damages. You hereby waive rights to multiply or increase damages other than real out of pocket expenses.

If there is an action or claim that arises directly or indirectly from the Terms or this Website, the claim must commence within one year after this claim or cause of action arises.

In the event that we do not demand or enforce strict abidance of any of the guidelines in these Terms, it cannot be interpreted that we’re relinquishing our rights. The course of conduct and the trade practice can’t be used to adjust anything in these Terms.

We reserve the right to assign our rights and/or duties to another entity at any moment.

We don’t claim that the content of our site is suitable for use outside the borders of the USA. The content may also not be available for use outside the United States of America. If you decide to access this website from outside the USA you do so at your own initiative and risk. You are then responsible to ensure compliance with laws under your jurisdiction.

8.2 Intellectual Property

As we respect other entities’ intellectual property we ask others—users and visitors—to have this same respect.

Under the DMCA (Digital Millennium Copyright Act) and other intellectual property laws we aim to process & investigate notices, taking appropriate actions. If given a notice which complies with the DMCA we aim to remove or disable access to the content that infringes. The same actions will be taken with content which is the subject of infringing activity or references and/or links to content that infringes.

In the event that it is your own content that appears to be copied in a manner that relates to copyright infringement we request you send us the following information:

Who is authorized to act on behalf of the owner of the work? We require a physical or electronic signature of this individual.
Describe the copyrighted work that has been infringed upon.
State where this work appears on the Website.
The notice must include contact information that reasonably enables us to contact you such as an address, your phone number and an email address.
State that as to your knowledge no authorization was given by the copyright owner (or an agent or the law) for the content to be used.
Add a statement under penalty of perjury stating that:
- The content of your Notice is correct
- You are the copyright owner or you’re legally entitled to act on the owner’s behalf

Important: We need all of this information before the Notice can be effective.

Any Notice can be sent to us at: info@cardmunch.org

9. Code of Conduct

All users may not in their own capacity or through authorizing others or by helping other parties, be part of any of these actions:

Posting Communication on our website which is:
- Harmful
- Threatening
- Abusive or harassing
- Vulgar, offensive, lewd or obscene
- Of a pornographic nature
- Lascivious
- Objectionable in any other way
Posting content and communication which interferes with others’ usage—and enjoyment—of this Website.
Posting Communication that is an infringement on copyright or trademark regulations.
Posting Communication that infringes others’ right of publicity, or personal or proprietary rights.
Posting Communication which violates applicable laws.
Impersonating an individual or an entity.
Soliciting people’s identifiable information.
Being disruptive to actions on this site such as publishing communication that doesn’t relate to a specific forum’s theme or goal.
Invading individuals’ privacy. This includes:
- Posting identifying information
- Sharing private or sensitive information about another individual without them authorizing it
- Using the Website to harvest other users’ personally identifiable data

For any further queries you’re welcome to contact us.