Cardsmith Terms of Service
Posted: May 23, 2018
Thank you for using Cardsmith!
Who can use Cardsmith?
Anyone over the age of 13 who provides us with accurate information, is current on the appropriate license fees for their account level and uses Cardsmith in manner consistent with the terms of this agreement may use the Services.
Cardsmith allows you to capture, organize and share Data in the form of Cards and Boards. These Terms don’t give us any rights to Your Data except for the limited rights that enable us to offer the Services to you.
Everything that you post to, or through use of, our Services is “Your Data.”
Our Services let you share Your Data with others, so please think carefully about what you share. You represent and warrant that you own or have adequate rights in Your Data to use it with the Services. Your Data is and remains your property and Cardsmith is not responsible for Your Data. You grant Cardsmith a limited right to use Your Data solely to the extent necessary to provide the Services.
You’re responsible for your conduct, and Your Data. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, or share Content unless you have the right to do so.
You are responsible for your password to our Services. Please do not share it with anyone. You are responsible for the actions of others who use your password.
You are responsible for keeping your account information current.
You agree not to misuse the Cardsmith services or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to;
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
- promote or advertise products or services other than your own without appropriate authorization;
- circumvent storage space limits;
- sell the Services unless specifically authorized to do so;
- publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
- advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
- violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading; or
- violate the privacy or infringe the rights of others
We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services.
Our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you’re over 13.
Our Services are the property of Cardsmith
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, Cardsmith trademarks, logos and other brand features, except as expressly provided. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services.
Services “AS IS”
We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, CARDSMITH AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CARDSMITH, ITS AFFILIATES, SUPPLIERS, OFFICERS, EMPLOYEES OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CARDSMITH HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO CARDSMITH FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.
Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Cardsmith, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Cardsmith may bring a formal proceeding.
We Both Agree To Arbitrate. You and Cardsmith agree to resolve any claims relating to these Terms or the Services through final and binding arbitration.
No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Cardsmith agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Multnomah County, Oregon. Both you and Cardsmith consent to venue and personal jurisdiction there.
These Terms will be governed by Oregon law without regard to its conflicts of laws principles.
These Terms constitute the entire agreement between you and Cardsmith with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
Cardsmith’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Cardsmith may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
If there are any questions regarding these Terms you may contact us using the information below.