Effective Date: April 1, 2020.
The “Cardsona” software application is a mobile and web-based application which provides innovative tools for users to create, customize and share personalized digital cards such as virtual business cards, virtual personal interest cards, and other customized kinds of virtual cards in their accounts which can replace or supplement conventional paper-based cards. In addition, the Cardsona tools create a community environment that facilitates communication and networking among different users for a variety of reasons, including for conducting business, professional networking, social or personal networking, and other purposes involving user-to-user interactions. These Terms of Services lay out our “rules of the road” to guide our Members with how to properly access and use and generally make the most out of our Services, including the Cardsona application.
2. Terms of Service / Contract
3. Changes and Updates
5. Member Accounts
Members are account holders. As an account holder, you agree to: use a strong password and keep it confidential; not transfer any part of your account to another user or person; and follow these Terms of Service. You are responsible for anything that happens through your account unless and until you close it or report its unauthorized access or use to us. You agree that we can provide notices and messages to you in the following ways: (1) through your access or use of the Services, or (2) sent to the contact information (e.g., e-mail, mobile number, physical address, etc.) you provided to us through your registered account. You agree to keep your contact information in your account up to date. To maximize your use of the Services, we may permit you to open multiple accounts with the same Member name and information. In this event, the requirements under this Section 5 shall apply equally to each of those multiple accounts. However, we reserve the right in our discretion to require any Member to consolidate access and use of the Services under a single account.
6. Sharing Information
When you share information using our Services, others can see, copy and use that information. Our Services allow messaging and sharing of information in many ways, such as through sharing your cards, name, e-mail address, and messages. Information and content that you share or post may be seen by other Members, Visitors, or others (including potentially those outside of the Services). Where we have made applicable settings available to you through the Services, we will honor the choices you make about who can (and can’t) see your content or other information. For example, when you share one or more of your personalized digital cards through the Services, you acknowledge that the user receiving the cards may likewise share them with other users of the Services or with people external to the Services. We are not obligated to publish any information or content through our Services and can remove any content or information we deem inappropriate with or without notice to you.
7. Content License, Use and Limitations
8. Availability of Services / Data Storage
9. Third-Party Services and Content
Your use of others’ content and information posted on our Services, is at your own risk. Others may offer their own products and services through our Services, and we aren’t responsible for those third-party products or services. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. we generally do not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let other Members connect with you or your organization.To the extent that third-party software or other applications interface with or share data with our Services (e.g., accessing “contacts” through an “iPhone” mobile device), you agree to abide by any applicable terms and conditions for access and use of such third-party software.
10. Member Services
We may help connect Members offering their own services (“Member Services”) to other Members seeking personal or professional services (e.g., accounting, contractor services, legal services, etc.). We do not perform nor employ individuals to perform Member Services. You must be at least 18 years old to offer, perform or procure Member Services. You acknowledge that we do not supervise, direct, control or monitor Members in the performance of Member Services, and you agree that: (1) we are not responsible for the offering, performance or procurement of Member Services, (2) we do not endorse any particular Member Services, and (3) nothing shall create an employment, agency, or joint venture relationship between any Member offering Member Services and us. If you are a Member offering Member Services, you represent and warrant that you have all the required licenses and will provide your Member Services consistent with our agreements, policies, and guidelines.We may help you register for and/or attend events organized by Members and connect with other Members who attend such events. You agree that (1) we are not responsible for the conduct of any of the Members or other attendees at such events, (2) we do not endorse any particular event listed on our Services, (3) we do not review, approve, or disapprove any of these events, and (4) you will adhere to the terms and conditions that apply to such events.
11. Limits on Use of Our Services
We reserve the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. We reserve the right to restrict, suspend, or terminate your account if you breach these Terms of Service or the law or are misusing the Services in violation of any policy or guideline we establish for access or use of the Services. For example, and only by way of example, if you use our Services to send excessive unsolicited communications or spam to other Members, we may consider this a violation of the Terms of Service may suspend or cancel your account with us, including termination of these Terms of Service with you.
12. Intellectual Property Rights
We reserve all of our intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Our logos and other trademarks, service marks, graphics and logos used for our Services are our trademarks or registered trademarks.
13. Automated Data Processing
We may use data and information about you to make relevant suggestions to you and others. You agree that we may use the information and data that you provide and that we have in our possession about various Members to make referrals for connections, content, and features that may be useful to you. For example, we may use data and information about you to automatically suggest other Members of similar business interests with whom you may want to interact. Keeping your account accurate and up to date helps us to make these suggestions more accurate and relevant.
14. Member Community Rules and Policies
We consider the Members who access the Cardsona tools and the Services to be part of a collective community of users. In this section of the Terms of Service, we set forth a list of community rules and policies which limit what you can and cannot do by accessing or using our Services.We ask every Member to act professionally and responsibly. If you see something that you believe may violate our rules or policies, please report it to us via e-mail through the mobile application or our website. This includes whether the content appears in Member content, posts, comments, conversations, or anywhere else. These reports, along with our automated defenses, help us to identify and prevent abuse and misbehavior. Please use the reporting tools responsibly and only for their intended purposes.You must follow the spirit and letter of our rules, agreements, and policies. A violation of our rules or policies may result in our taking enforcement actions. Depending on the severity of the violation and a Member’s particular behavior or account history, we may limit the visibility of certain content, remove content from our platform, or even restrict or cancel a Member’s account in the event of severe or repeated offenses.Our Members must be real people who provide real names and accurate information about themselves. We don’t allow fake accounts or aliases on our platform, and it’s not acceptable to provide misleading or deceptive information about yourself, your qualifications, work experience, affiliations, or anything else.You are not allowed to impersonate others or mislead, confuse, or deceive. Pretending to be someone else or representing a business in a way that’s not truthful is not allowed. You’re not allowed to use an image of someone else, or an artificial or synthetic image, as a representation of yourself. You may not post “deep fake” images or videos of others or otherwise post content that has been manipulated to deceive. You likewise may not associate yourself through our Services with a business or organization that you are not actually associated with. You are not permitted to use or attempt to use another person's account or create an account for anyone other than yourself. When choosing a picture for your account, you may not use an image that is not your likeness. Also, you may not manipulate identifiers in order to disguise the origin of any message or post transmitted through the services.We acknowledge the value of discussions around professional activities and ask our members to behave professionally by not being dishonest or inappropriate. When creating or sharing content, we ask that you keep it relevant to the platform. Do not share false information or use the Services to shock or intimidate others. And it is not acceptable to share graphic, obscene, or pornographic content on the Services.Only invite people into the community that you know, that are recommended to you by trusted connections, or that you otherwise trust to join the community. Do not share comments, opinions, or other content in a manner that is intended to be misleading or inaccurate or to conceal a conflict of interest or unlawful motive. You may not use the Services to share false content or information that presents untrue facts or events as though they are true or likely true. Your messages, posts, comments, hashtags, and other content should be relevant to the intent and spirit of the Cardsona application and our Services. This is a professional community for sharing professional content and information, so don’t share content that’s irrelevant or inappropriate:- It's not acceptable to post content containing nudity or sexually explicit material or language. (Some adult content may be allowed if the intent is clearly educational, medical, scientific, or artistic, and it’s not gratuitously graphic.) The Services are never to be used for sexual exploitation of children. You also may not post content that threatens sexual violence or sexual assault. You may not use the Services to send unsolicited sexual advances, engage in or promote non-consensual sexually explicit content (e.g., revenge porn), escort services, prostitution, or human trafficking. We strive to maintain a civil and friendly community for our members.- The Services shouldn't be used to harm others or their careers or business prospects or to air personal grievances and disputes. It is not acceptable to harass, abuse, or send other unwelcome communications to people (e.g., romantic advances, sexually explicit content, junk mail, spam, chain letters, phishing schemes). We do not allow hate speech, hate groups, terrorists, or those who engage in violent crimes on the services. We don’t allow bullying or harassment that targets individuals or groups to degrade or shame. This includes abusive language, sexual advances and innuendo, revealing others' personal or sensitive information (a/k/a "doxing"), posting content about them without consent, or inciting or engaging others to do any of the same.- We don’t allow content that denigrates, intimidates, or incites or threatens hatred, violence, or prejudicial action against individuals or groups because of their actual or perceived race, ethnicity, national origin, gender, gender identity, sexual orientation, religious affiliation, or mental, medical, or physical condition. Hate groups are not welcome and not permitted on the services. We don’t allow any threat of violence against an individual or a group on our platform. This includes statements of an intent to kill or inflict serious physical harm.- We don’t allow individuals or groups that engage in or promote violence, property damage, or organized criminal activity. You may not use our Services to express support for such individuals or groups or to post content or otherwise use the services to incite or glorify violence. We don’t allow any terrorist organizations or violent extremist groups on our platform. And we don’t allow any individuals who affiliate with such organizations or groups to promote their activities. Content that depicts terrorist activity, that is intended to recruit for terrorist organizations, or threatens, promotes, or supports terrorism in any manner is not tolerated on the services.- We don’t allow graphic or other content intended to shock or humiliate others. We don’t allow activities that promote, organize, depict, or facilitate criminal activity. We also don’t allow content depicting or promoting instructional weapon making, drug abuse, and threats of theft. Content or activities that promote or encourage suicide or any type of self-injury, including self-mutilation and eating disorders, is also not allowed. If you see signs that someone may be considering self-harm, please report it.- We do not allow untargeted, irrelevant, obviously unwanted, unauthorized, inappropriately commercial or promotional, or gratuitously repetitive messages or other similar content. Do not use our invitation feature to send promotional messages to people you don’t know or to otherwise spam people. Please make the effort to create original, professional, relevant, and interesting content in order to gain popularity, instead of trying ways to artificially increase the number of views, re-shares, likes, or comments.- The Services should not be used for illegal activities, promoting illegal products, or violating the rights of others. Don't use the services to commit fraud or to try to trick others. Also, don't use the services to intentionally distribute viruses, worms, or other software that can destroy or interrupt others' data or computer devices.- You must respect others' privacy on the Services. You may not solicit email addresses or other personal information from Members you don't know without authorization; use, disclose or distribute on we any data obtained in violation of any of our policies or agreements; disclose information that you don’t have the right to disclose (such as personal or confidential information of others, including your employer); or post or distribute content depicting children without the necessary consent from such child's legal guardian or parent. Don’t use others' names, likenesses, or photos to suggest an endorsement of a product, service, or investment without their prior consent.- Your use of the Services must comply with all applicable laws including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. You may not use the services to create or operate a pyramid scheme, engage in fraud, or to sell or promote illegal products, including drugs.- You may access the Services only in the manner that we expressly authorize, for the tasks that the services are intended for. You may not access the Services except through the interfaces intentionally provided by us, such as through our mobile applications and websites.You agree that you will:- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.- Provide accurate information to us and keep it updated.- Use your real name in your account and in any content you create.- In general, use the Services in a professional manner.You agree that you will not:- Create a false identity, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account.- Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape information from the Services or otherwise copy profiles and other data from the Services.- Override any security feature or bypass or circumvent any access controls or use limits of the Services (such as caps on keyword searches or profile views).- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without our consent.- Disclose information that you do not have the consent to disclose, such as confidential information of others (including your employer, for example).- Violate the intellectual property rights of others, including infringement or misappropriation of copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission.- Violate our intellectual property or other rights, including, without limitation, (i) copying or distributing our content or materials; (ii) copying or distributing our technology, unless it is released under open source licenses; or (iii) using our logos in any business name, email, or URL except as may be otherwise permitted by us.- Create or post anything that contains software viruses, worms, or any other harmful code.- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source.- Imply or state that you are affiliated with or endorsed by us without our express consent.- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the Services, without our consent.- Deep link to our Services for any purpose not expressly permitted by us.- Use bots or other automated methods to access the Services, add or download content, or send or redirect messages.- Monitor the Services’ availability, performance or functionality for any competitive purpose.- Engage in framing, mirroring or otherwise simulating the appearance or function of the Services.- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services).- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., via spam, denial of service attack, viruses, gaming algorithms).- Violate any additional terms or conditions concerning new Services that may be provided when you access or use such Services.
15. Intellectual Property Compliance and Reporting
We respect the intellectual property rights of others, and we desire to offer a platform which contains no content that violates those rights. These Terms of Service require that information posted by Members to be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, we provide a process for submission of complaints concerning content posted by our Members.Please note that whether or not we disable access to or remove content, we will make a good faith attempt to forward the written notification, including the complainant’s contact information, to the Member who posted the content and/or take other reasonable steps to notify the Member that we has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Members, or groups as the case may be, who infringe or repeatedly infringe the rights of others, post unlawful content, or otherwise violate these Terms of Service.Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), we have implemented procedures for receiving written notification of infringement claims. We have also designated an agent (Copyright Agent) to receive notices of claimed copyright infringement. If you believe in good faith that your copyrighted work has been infringed, you may submit a written communication to us which contains: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description specifying the location on our website of the material that you claim is infringing; your email address and your mailing address and/or telephone number; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and, a statement by you made under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please submit your notice to our Copyright Agent via e-mail at [email protected] you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may provide a written communication to our Copyright Agent ([email protected]) which contains: your physical or electronic signature; identification of the material removed or to which access has been disabled; a statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified; your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Western District of Pennsylvania (Allegheny County, Pennsylvania), if your address is located outside the United States; and, that you will accept service of process from the complainant submitting the notice or his/her authorized agent.
16. Managing Advertising Preferences
You acknowledge that we can target advertising to Members, Visitors, and others through communication methods internal and external to our Services and through a variety of ad networks and exchanges. There are multiple ways to manage your relationship with advertising content and activity, including using industry platforms to opt out of interest-based advertising, using your mobile device settings to opt out of advertising for third parties based on your mobile ad identifier, opting out of interest-based advertising for non-members, and opting out of interest-based advertising from Microsoft, for example, among other ways.Please note that none of these tools opt you out of being served advertising. Keep in mind that even though we don’t share your personal data (other than hashed or device identifiers, to the extent that they are personal data) with any advertiser without your permission:- When you view or interact with an ad, an advertiser or ad-serving company can infer that you fall into their target audience. For example, they can infer that you belong to the segment of Members who are based in Pennsylvania and work in the accounting industry, because their ads were set up to show to this target audience.- If you click on an ad, the ad poster will know you visited the page that you clicked on.- Advertising partners can associate personal data collected by the advertiser directly from you with cookies and similar technologies. In such instances, we seek to contractually require such advertisers to obtain your explicit opt-in consent before doing so.
17. Disclaimer and Limit of Liability
TOMSON SCRAP METAL AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TOMSON SCRAP METAL AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.TO THE FULLEST EXTENT PERMITTED BY LAW, TOMSON SCRAP METAL AND ITS AFFILIATES WILL NOT BE LIABLE IN CONNECTION WITH THESE TERMS OF SERVICE FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.TOMSON SCRAP METAL AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THESE TERMS OF SERVICE FOR ANY AMOUNT THAT EXCEEDS: (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO US FOR THE SERVICES DURING THE TERM OF THESE TERMS OF SERVICE, IF ANY, OR (B) $1000 (USD).The limitations of liability in this section are part of the basis of the bargain between you and us and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, and equity) even if we or our affiliates have been told of the possibility of any such damage, and even if these remedies fail their essential purpose. These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of Services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of these Terms of Service and to the extent that they are typical in the context of these Terms of Service.
Both you and we may terminate these Terms of Service at any time without notice to the other. On termination, you lose the right to access or use the Services. The following aspects of our agreement shall survive termination of our contractual relationship with you: our rights to use and disclose your feedback; Members and/or Visitors’ rights to further re-share or distribute content and information you shared through the Services; Sections 14, 17, 19 and 20 of these Terms of Service; and, any amounts owed by either party prior to termination remain owed after termination.
19. Governing Law and Dispute Resolution
In the unlikely event that you and we become involved in a legal dispute, you and we agree to resolve it in Pennsylvania using Pennsylvania law, using courts located in the Western District of Pennsylvania (for federal disputes), or in Allegheny County, Pennsylvania (for state-based disputes).
20. General Terms
If a court with authority over these Terms of Service finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of these Terms of Service.These Terms of Service (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.If we don't act to enforce a breach of these Terms of Service by you, that does not mean that we have waived our right to enforce that breach or other breaches of these Terms of Service at a future time. You shall not assign or transfer these Terms of Service (or your membership or use of Services) to anyone without our consent. However, you agree that we may assign, without your consent, these Terms of Service to our affiliates or a party that buys us or an applicable affiliate. There are no third-party beneficiaries to these Terms of Service.
21. How to Contact Us
If you want to report improper behavior, inappropriate content, or other misuse involving our Services, or if you just want to provide comments or feedback about our Services, please send us an e-mail through the mobile application or our website associated with the Cardsona application. Also, you agree that the only way to provide us with any required legal notice is at the addresses provided through our mobile application and/or our website.
2. Changes and Updates
3. Technologies Used
4. Using the Technologies
Cookies and similar technologies help us show relevant advertising to you more effectively and to measure the performance of such advertisements. We use these technologies to learn whether content has been shown to you or whether someone who was presented with an advertisement later came back and took an action (e.g., downloaded or exchanged a virtual business card) on another site. Similarly, our partners or service providers may use these technologies to determine whether we’ve shown an advertisement or a post and how it performed, or to provide us with information about how you interact with advertisements.We may also work with our customers and partners to show you an advertisement internal or external to our Services, such as after you’ve visited a customer’s or partner’s site or application. These technologies help us to provide aggregated information to our customers and partners.
6. Performance, Analytics, and Research
7. Member Choices
8. Do Not Track (DNT)
Effective Date: April 1, 2020