BY USING OR ACCESSING THIS WEBSITE, YOU ACCEPT AND AGREE TO ALL APPLICABLE LAWS AND REGULATIONS REGARDLESS OF LOCATION. Upon access to this Website, Users agree to accept the following Terms and Conditions Policy. www.cardswithcharacter.co.nz ("Website") is owned and operated by Cards with Character, (herein known as "Cards with Character"). Terms such as "our", "us", or "we" shall be used within this Agreement and refers to Cards with Character's owners and operators.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time without notice. Users may find the most recent version of these Terms on the Website, with the date of the last modification. Users agree that such modifications shall become effective immediately upon the posting thereof, and you hereby waive any right you may have to receive specific notice of such changes or modifications.
Therefore, we encourage you to check the date of our Terms whenever you visit this Website to check if they have been updated. Users are responsible to review these Terms on a regular basis to keep up-to-date on any changes. If you do not agree to any revised Terms your sole recourse is to immediately stop all use of the Website and any services offered via the Website. Users who continue to use the Website and any of its services following the posting of modifications will confirm that the modified Terms are accepted.
Cards with Character is a technology-based service. Users represent and warrant they’re (a) at least 18 years of age or older and have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Terms; (b) are not a direct competitor of Cards with Character; (c) have full power and authority to enter into this Policy and in doing so will not violate any other agreement to which you are a party.
To obtain and use the Cards with Character Website and its Services, Users are required to register with Cards with Character by completing a registration form and designating an email and password. When registering with Cards with Character you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Website or any services offered.
Users may not authorize any third party to access or use the Website on their behalf. Users are responsible for maintaining the confidentiality and security of the email and password and agree not to share the email and password with third parties. Users are fully and solely responsible for all activities that occur under the email or password. Users agree to immediately notify Cards with Character of any unauthorized use of the email or password or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of an account.
We provide Materials and information on this Website with full copyright protection. All Materials are under the ownership of Cards with Character and all other Materials labeled with any trademark and service mark are the property of their respective owners. Users acknowledge any usage of the information and/or Materials is the Users sole responsibility, and Cards with Character or its affiliates hold no liability for any usage of its Materials including any fraudulent usage of its Materials. This includes, but is not limited to web content, application content, articles, blog, email correspondences, or any other written content, and is provided only for informative purposes.
We use a diverse range of information, text, photographs, designs, graphics, images, and other Materials and effects on the Website. Users are prohibited from data mining, scraping, crawling, or using any process that sends automated queries to or from the Website. Users are prohibited from using the Website to compile a collection of listings, including a competing list for any products or services. Users are prohibited from using the Website or any of its Materials for any unsolicited commercial e-mail listings and this is strictly a violation of usage terms. Users are not granted a license under any copyright, trademark, patent, or other intellectual property rights in the Materials or the products, services, processes, or technology described therein. All such rights are retained by Cards with Character. Any Cards with Character affiliates shall not be held responsible for any direct, indirect, incidental, special, exemplary, or consequential damages of any kind whatsoever as a result of, or relating to, the use of this Website, other Websites, or resources linked to or accessed through this Website.
Furthermore, Cards with Character shall not be held responsible for any and all claims, liabilities, losses, business interruption, or other data, costs, and expenses (including attorney fees) resulting from the use of any and all Materials found on this Website. Users are granted a limited, non-sublicensable license (the “License”) to access, download, store, display on their computer, view, listen to, play, and print Materials that we publish via the Website or application that is made available for download through the Website subject to the following: (a) the Materials may be used solely for the Users personal purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed. Any unauthorized or prohibited use of Materials may subject the user to civil liability and criminal prosecution under applicable federal, state, and international laws. In the event, illegal use is conducted the User shall be held liable, while Cards with Character and its affiliates, hold no responsibility for User actions and cooperate with the law regarding any investigation requests.
We permit the submission, posting, and transmission of news, news links, data, information, or other items or content on the Website (“User Content”). Users are solely responsible for the User Content posted on the account, and agree not to submit, post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, profane, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
3. User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising, or solicitations;
6. Private personal information of any third party, including, without limitation, personal addresses, personal phone numbers, personal email addresses, Social Security numbers, and credit card numbers;
7. Viruses, corrupted data, or other harmful, disruptive, or destructive files;
8. User Content that contains undesirable images of, content regarding, or links or references to tobacco and alcohol products, illegal drugs, excessive violence or prejudicial or discriminatory content; an9. User Content that, in the sole judgment of Cards with Character, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose Cards with Character or its users to any harm or liability of any type.
Any use of the Website in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Website and any services. Users remain solely liable for all User Content submitted or posted on the Website or through any service. Cards with Character takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is Cards with Character liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your access and use of User Content and posting of submissions is at your own risk. As a provider of interactive services, Cards with Character is not liable for any statements, representations, or User Content provided by its users on the Website.
Although Cards with Character does not routinely review User Content and has no obligation to review, screen, edit or monitor any of the User Content posted on the Website, Cards with Character reserves the right, and has absolute discretion, to review, remove, reject, disable access to, screen or edit any User Content posted or stored on the Website at any time and for any reason without notice, and you’re solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense.
By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform Cards with Character in the event that any such information has changed since your registration with Cards with Character and, if appropriate, you agree to make such modifications yourself to your profile.
Users must agree to not “Abuse” the Website or any applications provided. In using the Website or any services, you agree to comply with the following rules of conduct (the “Conduct Rules”) and not to Abuse the Website or any services, without limitation, to:
1. Defame, harass, stalk, threaten, abuse, or otherwise violate others’ rights as defined by applicable law;
2. Harm or interfere with the operation of others’ computers and software in any respect, including, without limitation, by uploading, downloading, or transmitting corrupt files or computer viruses;
3. Violate applicable intellectual property, publicity, or privacy rights, including, without limitation, by uploading, downloading, or transmitting materials or software;
4. Omit or misrepresent the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright, or trademark;
5. Transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information;
6. Download or upload files that are unlawful to distribute through the Website;
7. Interfere with or disrupt the Website, servers or networks connected to the Website, including attempting to interfere with the access of any other User, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail-bombing” the Website;
8. Direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process, computer systems or otherwise, create unreasonable load upon any of computer hardware, network, storage, input/output or electronic control devices or infrastructure;
9. Transmit any information or software obtained through the Website, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Website;
10. Falsely use a password or personal identification number during logging into the Website, or misrepresent one’s identity or authority to act on behalf of another; and/or
11. Violate this Agreement in any other manner.
You agree that Cards with Character or its licensors retain all ownership of and proprietary rights, title, and interest, including copyright and all other intellectual property rights, in and to the Website, the Materials, and any services. Our Cards with Character URL, Cards with Character logo and any other product or service names or slogans of Cards with Character contained in the Website including without limitation, either trademarks, service marks or registered trademarks of Cards with Character, and may not be copied, imitated, or used, in whole or in part, without Cards with Character’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
You may not use any metatags or any other “hidden text” utilizing “Cards with Character” or any other name, trademark, or product or service name of Cards with Character without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Cards with Character and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us. We may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Website that are part of the services. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Website pages does not give you any license to our intellectual property. All rights not expressly granted herein are reserved
We intend for the information contained on our Website to be accurate and reliable; however, errors sometimes may occur. WE PROVIDE OUR WEBSITE AND ANY SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Cards with Character, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH CONSIDERED AN “Cards with Character PARTY,” AND COLLECTIVELY, THE “Cards with Character PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE Cards with Character PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THESE TERMS. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE WEBSITE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US.
Users expressly understand and agree that Cards with Character and its subsidiaries, affiliates, employees, agents, partners, and licensors shall not be liable to Users for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses. Even if Cards with Character has been advised of the possibility of such damages resulting from use of the Website, its content, or any related services, the foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law.
IN NO EVENT SHALL Cards with Character BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING AMONG OTHER THINGS LOSS OF REVENUE OR PROFITS), PUNITIVE, OR EXEMPLARY, DAMAGES OF ANY KIND OR SUBJECT TO EQUITABLE OR INJUNCTIVE REMEDIES (WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF 1. ACCESS TO, OR USE OF THIS WEBSITE, OR DELAY OR INABILITY TO USE THIS WEBSITE, OR ANY INFORMATION CONTAINED IN THIS WEBSITE; OR 2. THE AVAILABILITY AND UTILITY OF PRODUCTS AND SERVICES. NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITIES NOT PERMITTED TO BE EXCLUDED BY APPLICABLE LAW.
Users agree to indemnify Cards with Character from and against any and all liabilities, expenses (including legal fees), and damages arising out of claims resulting from use of this Website, market products sold by merchants, services provided by providers, online and or mobile applications, including without limitation any claims alleging facts that if true would constitute a breach by the User and/or of these Terms.
Cards with Character reserves the right to terminate without notice your password, account, or use of the Website and any services, to delete any data stored on the Website or in connection with the services, and to block or prevent future access to the Website and the services, in our sole discretion, without cause and/or without notice. You may terminate your user account upon notice to Cards with Character at any time. Upon termination, any data you have stored on Cards with Character systems may not be retrieved, and Cards with Character shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party. It is your sole responsibility to retain copies of any materials you post to the Website through our services.
These Terms are governed by and construed in accordance with the laws in Auckland, New Zealand. By accessing our Website, Users consent to these Terms and to being subject to the jurisdiction of Auckland, New Zealand regardless of physical location. Users are responsible for compliance with other applicable laws within the Users own jurisdiction. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue to be in full force and effect.
We do not need to approve any app, information, listing, service or product listed on the marketplace or shop. Furthermore, we do reserve the right to remove any app, information, listing, service, or product from the marketplace that we feel must be removed for any reason and without cause. Cards with Character reserves the right to suspend or deny payment to a User if we believe that User has breached or violated these Terms. Products are to be replaced, and refunds are to be processed, if any, by the relevant market merchants or service providers, according to their terms and the laws within their legal jurisdiction.
Cards with Character uses a third-party intermediary to store and manage credit card information as well as payment processing and this intermediary is required to comply with the Payment Card Industry Data Security Standard. We may terminate or suspend your access to the Website if there is a failure to make any required payments or fees. If you subsequently want your account to be reinstated, you must pay all monies due and owing to us including any applicable costs or charges.
You may then have to open a new account as all your data may have been deleted, archived, or lost. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Website or by sending a communication to any address (email or otherwise) that we have for you in our records. Payments or fees are non-refundable. Charges are calculated on a daily basis and processed on a monthly basis at the beginning of each month for the previous month. Your account will be charged in New Zealand Dollar and the name that will appear on your statement will be – Cards with Character.
If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All rights not expressly granted herein are reserved. Cards with Character may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign this Terms, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE WEBSITE, THE WEBSITE MATERIALS OR THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of Cards with Character to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.