2. PROHIBITED OR UNLAWFUL USES
The Site may only be used for lawful purposes in accordance with the terms of the license granted. As a condition of your use of this Site, you warrant to Card Surge LLC that you will not use the Site for any purpose that is unlawful or prohibited. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
A. Make any collection or use of any product listings, descriptions, prices or images.
B. Download, copy or transmit any Content for the benefit of any other merchant.
C. Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided or generally publicly available browsers.
D. Frame, mirror or use framing techniques on any part of the Site without Card Surge LLC’s express prior written consent.
F. Use any meta tags or any other hidden text utilizing Card Surge Marketplace’s name or marks.
G. Misrepresent the identity of a User, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity about the Site, or express or imply that We endorse any statement you make.
H. Conduct fraudulent activities on the Site.
I. Violate or attempt to violate the security of the Site, including, without limitation: (I) accessing data not intended for you or logging onto a server or an Account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with Service to any User, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Card Surge Marketplace Site) or to the Site (impersonating another User).
J. Send unsolicited or unauthorized email on behalf of Card Surge, including promotions and advertising.
K. Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site, or any activity being conducted on the Site.
L. Use the Site to defame, abuse, harass, stalk, threaten or violate the legal rights of others, including others’ privacy rights.
M. harvest or collect personally identifiable information about Users of the Site;
N. Use the Site to advertise or offer to sell or buy any goods or services without Card Surge’s express prior written consent.
O. Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of, use of or access to the Site.
P. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
3. WEBSITE CONTENT
When giving out contents utilizing the Services (directly or indirectly), you give us a non-exclusive, worldwide, never-ending, irreversible, royalty free, sub licensable (through different levels) right to exercise all Intellectual Property Rights you have in that content regarding our provision, expansion, and advancement of the Services, in any media known now or created later. Fully allowed under law, you defer your entitlement to implement against Card Surge LLC, our chosen partners, our sub licensees, and their trustees your Intellectual Property Rights in that content regarding our, those appointees, and those sub licensee’s utilization of that content. You agree to and warrant that, for all such content you give, you claim or generally control every important right to do as such and to meet your commitments under this Agreement. You speak to and warrant that such content is precise. You speak to and warrant that utilization of any such content by Us, our clients, or others in contract with us and in consistence with this Agreement, do not and will not encroach any Intellectual Property Rights of any third party. Card Surge LLC assumes no liability and accepts no obligation for any content provided by you or any third party. As a Member, you agree that Card Surge LLC is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies or damages that you may experience from any of those inaccuracies. As a Seller, it is your responsibility to review the content of your listings for accuracy and that you will not attempt to hold our catalog providers or Us responsible for inaccuracies. The catalog may include copyrighted, trademarked or other proprietary materials. The name "Card Surge Marketplace" and other Card Surge logos, designs, and phrases that we use with our Services are trademarks, service marks, or trade dress of Card Surge Marketplace in the U.S and in other countries. They may not be used without the Express Written Prior Consent of the Card Surge Legal Department.
4. YOUR ACCOUNT
5. HOLDS ON FUNDS
To protect and keep Card Surge safe from risk of liability from actions as a Seller or Buyer, Card Surge may hold access to funds or merchandise regarding certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing, transaction value, or the filing of a Buyer Protection Claim. This may result in further restrictions being placed upon your Card Surge Marketplace Account.
All communication regarding any specific transaction or any other issue encountered on this Site must be sent to Card Surge using email communications, using the Site messages tool, or by using telephone support. All communication must be appropriate and cannot contain any profanity, threats, intimidation tactics, unreasonable demands, blackmail, slander, bullying, or any other written or graphical content of a questionable nature as deemed solely by Card Surge. Any communication that takes place on Our Site may only be made using the approved methods for the sole purposes listed above and may not take place on any other website, blog, or forum. This includes without limitation all various types of communication both obvious and encrypted. It shall be considered prohibited (not allowed) for a Buyer or Seller to provide any other User, Member, Buyer, or Seller or any other person contacted through Our Site with their contact information such as an email address, telephone number, fax number, physical mailing address, or any other type of personal contact information with the intent of completing any transaction or sale outside Our Site or for any other reason. It shall also be prohibited to contact anyone through Our Site with the intent or expectation to complete a transaction, sale, offer, or any other type transaction outside of the Card Surge Marketplace Website. In severe cases where there is substantial loss or damages of any kind to Card Surge because of failure to follow the guidelines in this section whether intentional or not, We reserve the right to permanently suspend any Account, place additional restrictions or limitations on any Account, notify Law Enforcement to report violations, seek legal counsel with intent to recover any damages, or any other various types of actions as deemed necessary solely by Card Surge in order to protect Our companies interests both current and future.
7. BUYER AND SELLER FEEDBACK AND RATING SYSTEM
Card Surge Marketplace utilizes a Buyer and Seller feedback system for the purposes of building trust and tracking the reputations of individual Buyers and Sellers on Our Website. In most cases, items listed for sale on Our Site will be Card Surge Verified which means that they have been checked by one of our Verification Specialists to ensure that the items are legitimate, in the proper condition, match the listing description, or have the correct balance as outlined in the Seller’s listing. Due to merchant restrictions and physical limitations, not all items sold on Our Site can be verified by Card Surge. In these limited situations Buyers and Sellers must rely on the feedback scores of other Buyers and Sellers to guide their decisions while transacting on the Site. All feedback ratings and comments left by any Buyer or Seller should accurately reflect the experience with regards to that specific transaction only. Any feedback comments that are written must be appropriate and follow the other Policies as outlined. If you fail to leave feedback for any transaction On Our Site, Card Surge will assume that the transaction went well, and We may leave positive feedback on your behalf. Card Surge may at its sole discretion remove any feedback that it feels is unwarranted or inappropriate. If you feel that feedback left for you is unwarranted or inappropriate, please contact us by email at [email protected]
8. RIGHT TO CONTACT YOU AND RECORDING PHONE CALLS
Card Surge Marketplace may reach you at any phone number that you have given us to: 1.) Investigate and resolve any issues with your account. 2.) Resolve or investigate a dispute. 3.) Collection of debts or money owed to Card Surge LLC. 4.) To service your account or enforce this Agreement, our Policies, applicable law, any other agreement we may have with you. If you choose not to respond within a reasonable amount of time to any requested communications from Card Surge LLC either by telephone or email you authorize Card Surge LLC to act on your behalf and take any action that it deems necessary to resolve the issue. By choosing not to respond within a reasonable amount of time you are releasing Card Surge LLC from all liability regarding the situation.
9. DMCA NOTICE
Since we regard artist and substance proprietor rights, it is our policy to react to affirmed encroachment notice that conforms to the Digital Millennium Copyright Act of 1998 ("DMCA"). If you trust that your copyrighted work has been replicated in a way that constitutes copyright encroachment and is available by means of the Service, please tell Card Surge's Legal Department as set forth in the DMCA. For your objection to be substantial under the DMCA, you should provide the following information in writing:
1. An electronic or physical signature of an individual approved to follow up in the interest of the copyright proprietor;
2. ID of the copyrighted work that you assert has been encroached;
3. ID of the material that is asserted to encroach and where it is located on the Service;
4. Information sensibly adequate to allow Card Surge LLC to reach you, for example, your location, phone number, and, email address;
5. A statement that you have a good conviction that the utilization of the material in the way used is not approved by the copyright proprietor, its operator, or law.
6. A statement made under penalty of perjury, that the above data is exact, and that you are the copyright proprietor or are approved to follow up for the benefit of the proprietor.
7. The above data must be submitted to the following DMCA Agent:
ATTN: DMCA NOTICE AGENT
Card Surge Legal Department
PO Box 123
Sauk Centre, MN 56378-1769
In accordance with the DMCA and other applicable law, Card Surge has adopted a policy of terminating, in appropriate circumstances Members or Users who are deemed to be repeat infringers. Card Surge may also at its sole discretion limit access to the Service and/or suspend the Accounts of any Users or Members who infringe any intellectual property rights of others, whether there is any repeat infringement or not. Please take note that this system is only to notify Card Surge and its subsidiaries that your copyrighted material has been encroached. The previous necessities are planned to consent to Card Surge’s rights and commitments under the DMCA, including 17 U.S.C. §512(c), however, don't constitute legitimate advice. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ALL ATTORNEYS' FEES.
10. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on Our Site may direct you to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made with any third-party websites.
11. USER COMMENTS AND
If you send certain specific submissions, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to Us. We are and shall be under no obligation 1.) to maintain any Comments in confidence; 2.) to pay compensation for any Comments; or 3.) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove Content that we determine in Our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
12. INDEMNITY AND RELEASE
A.) You agree to indemnify, defend and hold Card Surge LLC, its agents, suppliers, licensees, content providers, successors, or assigns, and/or its and their respective officers, directors, employees, contractors and agents (collectively, the "Indemnified Parties") harmless from and against any and all damages, liability, claims, actions, demands and costs (including, without limitation, reasonable attorneys’ fees and costs of settlement) arising out of any breach by you and/or any use by you of the Platform, the Materials, or any element or component thereof. B.) Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use by you of the Platform and/or any Content you upload or transmit through the Platform.
13. LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by Us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a purpose, durability, title, and non-infringement. In no case shall Card Surge LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
15. ENTIRE AGREEMENT
The failure of Card
Legal Information section shall not constitute a waiver of such right or
provision. These Policies or operating rules posted by Us on this Site or in
respect to the Service constitutes the entire agreement and understanding
between you and Card Surge LLC and govern your use of the Service, superseding
any prior or contemporaneous agreements, communications and proposals, whether
oral or written, between you and Card Surge LLC. Any ambiguities in the
interpretation of rules or policies shall not be construed against the drafting
17. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARD SURGE LLC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE VALUE OF YOUR TOTAL GIFT CARD TRANSACTIONS VIA THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NONE, FIVE HUNDRED ($500) U.S. DOLLARS, OR (C) ANY MATTER BEYOND CARD SURGE LLC'S REASONABLE CONTROL.
18. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF
YOU AND CARD SURGE LLC AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND CARD SURGE LLC AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of the above paragraph's limitations as to a claim for relief, then that claim must be severed from the Arbitration and may be brought in court, subject to your and Card Surge LLC's right to appeal the court's decision. All other claims will be Arbitrated unless otherwise discussed.
19. ARBITRATION PROCEDURES
20. COSTS OF ARBITRATION
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise agreed upon.