Legal Disclaimer
Privacy Policy
Cards on Mobile™ respects the privacy of every individual who shares its cards on our web site. Through our websites, Cards on Mobile™will not collect any personal data about you. We do not disclose or transfer your personal data.
For Card Sharer only: Any personal information on the card uploaded or otherwise submitted will be erased/wiped before publishing.
Privacy Policy
This privacy policy (the "Privacy Policy") discloses the information gathering and dissemination practices for this website, located at www.cardsonmobile.com (the "Site"). We will notify you of changes to our Privacy Policy by posting the new policy on this website. Review our Privacy Policy regularly so that you can stay informed of our practices, as they may change in the future.
By visiting our website, using our services and/or software, or submitting information, you are accepting the practices described in this Privacy Policy. Your assent to these practices is essential for us to provide our services and for our Site to function properly. Similarly, we need you to provide accurate personal information so that you can be identified and/or contacted, and so the validity of the information you provide can be confirmed if necessary. You can opt-out and decide not to provide the requested personal information. However, by doing so, you will not be able to register and/or use the entire Site and/or available services.
We do not transfer, sell, lease or otherwise share information such as your e-mail address or mobile phone number with third parties. Any personal information on the card uploaded or otherwise submitted to Cards on Mobile Cards Library will be erased/wiped before publishing.
The personal information we collect includes your Firstname, Name, your Country, Username, valid e-mail address. We use the information that we collect to provide our services and to contact you. Additionally we may contact you on behalf of third parties who offer products and/or services that we believe you would find interesting. For example, we may place advertisements in our newsletter.
We automatically collect certain information from visitors to, and members of, the Site, such as Internet addresses, browser type, Internet Service Provider (ISP), referring and exit page, operating system, timestamps, and/or clickstream data. We may also track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers. This information is logged to help diagnose technical problems, and to administer our Site so that we can constantly improve the quality of the services we provide.
If you send personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings, we may collect such information into a file specific to you. We use information in the file that we maintain on you, and other information that we obtain from your use of the services, to resolve disputes, troubleshoot problems, and enforce our agreements.
We take measures to prevent the loss, misuse, and alteration of your information. We carefully limit access to the database in which your personal information is stored.
We cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability.
Contact us at the address below if you want us to change or delete any information that we have about you. We will respond to your request to access, update, or delete your information within thirty (30) business days. Before we are able to provide you with any information, correct any inaccuracies, or delete any information, however, we may ask you to verify your identity.
This site is owned and operated by:
Wirelesspark Ltd.
Via Vedeggio 1
CH-6928 Manno
This privacy policy is effective as of March 05, 2010.
Terms of Use
This website, located at www.cardsonmobile.com, ("Site") is owned and operated by Wirelesspark Ltd Access to and use of the Site and related services are subject to the terms and conditions set forth below ("Agreement") and all applicable laws and regulations.
BY ACCESSING THE SITE AND/OR USING OUR SERVICE AND/OR ANY OF THE SITE'S CONTENT, YOU ACCEPT WITHOUT LIMITATION ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
This Agreement is governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You agree to the terms and conditions set forth in this Agreement by any act demonstrating your assent thereto, including clicking any button containing the words "I agree" or similar content.
Access to the site
It is a condition of your use of the Site and related services that all information you provide will be correct, current, and complete. If Wirelesspark Ltd believes the information you provide is not correct, current, or complete, it may, without limitation, terminate access to the Site or any of its services, in addition to any other remedies available under this Agreement or applicable law.
Property of Wirlesspark LTD
All information, including, without limitation, maps, text, software, photographs, graphics, illustrations and artwork, video, music and sound, names, logos, trademarks, service marks, and all HTML, CGI and other codes and scripts in any format used to implement and/or display the Site (all collectively "Content") are the property of Wirelesspark Ltd, or of Wirelesspark Ltd's licensors and/or strategic partners, or of the sellers/licensors whose intellectual property rights are made available through the Site.Furthermore, the name Cards on Mobile (tm), the structure, sequence, organization, and look and feel of the applications, Site, database, listing,transaction systems, and services available through the Site (collectively the "Intellectual Property") are the sole and exclusive property of Wirelesspark Ltd, and/or, if applicable, Wirelesspark Ltd's licensors. You may not copy, modify, upload, download, decompile, disassemble, transmit, republish, or otherwise distribute any Content or Intellectual Property from the Site, either directly or by use of a robot, spider, or other similar manual or automated device or process except as otherwise expressly permitted by the terms and conditions set forth in this Agreement, as amended from time-to-time.Additionally, you agree not to take any steps to violate the applicable copyrights, trademarks and/or patents, if any, protecting the Intellectual Property or the Content. All rights that are not expressly granted herein are reserved.
Grant of limited license with resevations
Subject to the terms and conditions set forth in this Agreement, Wirelesspark Ltd grants you a limited, non-exclusive, nontransferable license to access the Site, materials and/or Content contained in, or made available through this Site, solely for your private, personal, non-commercial use. This is a license to display, use and access the Site for its intended purpose and is not a transfer of title.
You may use the Site only for purposes expressly permitted by the Site. Unauthorized use of the Site or any of the materials and/or Content contained therein terminates this limited license effective immediately.
You may not use the Site for any other purpose whatsoever without Wirelesspark Ltd's express prior written consent. Without the express prior written authorization, you may not, without limitation: (a) duplicate the Site or any of the materials and/or Content contained therein; (b) create derivative works based on the Site or any of the materials and/or Content contained therein; (c) use the Site or any of the materials and/or Content contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (d) distribute the Site or any of the materials and/or Content contained therein; (e) remove any copyright or other proprietary notices from the Site, Intellectual Property or any of the materials and/or Content contained therein; (f) frame or utilize any framing techniques in connection with the Site or any of the materials and/or Content contained therein; (g) use any meta-tags or any other "hidden text" using the Intellectual Property; (h) "deep-link" to any page of any of the Site (including the homepage); (i) circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of any of the Site); (j) use any data mining, robots or similar data gathering and extraction tools on the Site; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Site and/or Content, except and only to the extent permitted by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the materials and/or Content or any of your rights to access and use the materials and/or Content as granted above; or (m) bookmark any page of the Site beyond the home page. You agree to cooperate with Wirelesspark Ltd in causing any unauthorized use to cease immediately. You hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using the Site or other services included on the Site. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the Site shall terminate all your rights under this Agreement. You agree that all materials you submit will be accessible to other users and will not be secure or private. You hereby agree that you have been noticed that all communications submitted to the Site can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.
Member, account, password, and security
You will select a unique user name and password that you must provide in order to gain access to the Site. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to the Site to anyone. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. We will not release your password for security reasons. You agree to (a) immediately notify Wirelesspark Ltd of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Site until you notify Wirelesspark Ltd by e-mail regarding that unauthorized use. Unauthorized access to the Site is illegal and a breach of this Agreement.
Restrictions on communications; your liability
You agree not to post, submit, publish, display, disseminate, or otherwise communicate any defamatory, obscene, pornographic, profane, inaccurate, abusive, threatening, offensive, or illegal material, or any material that would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person or entity. You further acknowledge and understand that transmission or publication of any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited and that your transmission or publication of such material shall constitute a material breach of this Agreement entitling Wirelesspark Ltd to immediately terminate Your right to access or use the Site without notice.
You acknowledge and agree that you, and not Wirelesspark Ltd, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, for anything that you submit, publish, display, disseminate or otherwise communicate through the Site even if a claim for damages or liability should arise after termination of service.
You acknowledge and agree that your actions can result in you and/or third parties incurring additional charges, fees and/or costs for messages transmitted to your and/or their cellular telephones.You do hereby agree to remain solely responsible for any and all charges and/or fees that result from your use of this Site and services. You further agree to indemnify and hold Wirelesspark Ltd, and its officers, directors, employees, licensees, vendors, attorneys, insurers, and affiliated companies harmless from any and all costs, demands, claims, actions, damages, and liability arising from and/or relating to such cellular telephone messaging charges, fees and/or costs.
Communications are not private
You further acknowledge and agree that all messages or content posted by you or others anywhere on or through the Site shall be deemed to be readily accessible to the general public and consequently should not be considered private or confidential. Notice is hereby given that all messages entered into this Site can and may be read by the operators of the Site, whether or not they are the intended recipient(s).
Disclaimer of warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE MATERIALS AND/OR CONTENT CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITE AND ALL MATERIALS AND/OR CONTENT CONTAINED THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WIRELESSPARK LTD MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY MATERIALS AND/OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES WIRELESSPARK LTD MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE MATERIALS AND/OR CONTENT CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL, AND/OR SOFTWARE, AND/OR DATA DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR ANY OF THE MATERIALS AND/OR CONTENT CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. YOU UNDERSTAND THAT WIRELESSPARK LTD CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AND/OR INFORMATION AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. WIRELESSPARK LTD DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of liability
IN NO EVENT SHALL WIRELESSPARK LTD (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, LOSS OF DATA, OR DAMAGE TO ANY HARDWARE DEVICE USED IN CONNECTION WITH THIS SITE, WHICH MAY ARISE FROM ANY PERSON'S USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY OF THE MATERIALS AND/OR CONTENT CONTAINED THEREIN, EVEN IF WE HAVE BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF WIRELESSPARK LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WIRELESSPARK LTD'S MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE FOR A PERIOD OF NO MORE THAN SIX (6) MONTHS FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnity
You agree to defend, indemnify, and hold Wirelesspark Ltd and its officers, directors, shareholders, employees, independent contractors and agents, harmless from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your use, misuse, or inability to use the Site or any of the materials and/or Content contained therein, or your breach of any of the terms and conditions set forth in this Agreement. Wirelesspark Ltd shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. Wirelesspark Ltd may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so.
Links
Some web sites that are linked to the Site are owned and operated by third parties. Because Wirelesspark Ltd has no control over such sites and resources, you acknowledge and agree that Wirelesspark Ltd is not responsible for the availability of such external sites or resources, and do not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Wirelesspark Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such site or resource. If you decide to access any such third party sites, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.
Notice of claimed infringement
If you believe that your intellectual property rights have been violated with information and/or content made available on the Site, please provide our Copyright Agent the following information:
* an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
* a description of the copyrighted work or other intellectual property that you claim has been infringed;
* a description of where the material that you claim is infringing is located on the Site;
* your address, telephone number, and email address;
* 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 above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Send your Notice of Claimed Infringement to: Wirelesspark Ltd, 7992 Paseo Esmerado, Carlsbad, CA92009. Please do not send other inquires or information to our Designated Agent.
Removal of content
Wirelesspark Ltd reserves the right at any time to implement a "notice and takedown" procedure upon receipt of any notification of claimed infringement. Wirelesspark Ltd also reserves the right at any time to remove or disable access to any material or activity accessible on or from the Site that Wirelesspark Ltd, in its sole discretion deem inappropriate for the Site.
Force majeure
Wirelesspark Ltd shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including but not limited to: acts of nature, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Wirelesspark Ltd's performance.
Governing law and venue
This Agreement and all matters arising out of or otherwise relating to this Agreement shall be governed by the laws of the State of California, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. You hereby submit to the personal jurisdiction of the state and federal courts of the State of California, County of San Diego. Exclusive venue for any litigation permitted under this Agreement shall be with the state and federal courts located in San DiegoCounty.
Liquidated damages
The Site's integrity and success rely, in part, upon users posting completely accurate information. The parties agree that a knowing failure to provide correct, current, and complete information during the registration and use of the Site is a material breach of this Agreement, which will damage Wirelesspark Ltd Because it is difficult to ascertain the amount of damages, it is hereby agreed that the sum of $25,000 shall constitute fair and adequate liquidated damages should you post and/or submit false and/or incomplete information. This shall be in addition to any other remedies that may be available hereunder or by law.
Rights to injunctive relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party's breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
Assignment
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
Severability
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
Attorneys fees
In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney's fees and costs in addition to such other damages as may be awarded by the court.
Complete agreement
This Agreement, together with the Privacy Policy posted on the Site, constitute the entire agreement between the parties with respect to your access and use of the Site and the materials and/or Content contained therein, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any download agreement or similar contract governing the parties' rights and responsibilities in connection with any specific Materials and/or Content downloadable from the Site).
Modifications
Wirelesspark Ltd reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit the Site. Your continued use of the Site following Wirelesspark Ltd's posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. Wirelesspark Ltd does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by Wirelesspark Ltd in writing, these Terms and Conditions may not be amended by you.
General provisions
Wirelesspark Ltd reserves the right to limit or terminate at any time this Agreement and/or access to the Site if any term(s) of this Agreement is or are violated by you, or if we are unable to verify any information that you provide. You The termination of this Agreement for any reason whatsoever shall not release you from (i) any liability, obligation or agreement that at the time of termination of this Agreement you had already accrued; (ii) any liability, obligation or agreement that you may accrue in respect of any act or omission prior to the termination of this Agreement; or (iii) any liability, obligation or agreement pursuant to this Agreement which is intended to be performed by you after the termination of this Agreement, including, but not limited to, the payment of all accrued monies owed or owing to Wirelesspark Ltd under this Agreement.
Without prior notice, Wirelesspark Ltd reserves the right in its sole discretion to change, charge for, suspend, discontinue, or limit access to any aspect of the Site at any time, including the availability of any of the Site's features, database, or Content.Wirelesspark Ltd may, without notice, terminate or suspend any user's access to all or part of the Site if it determines, in its sole and absolute discretion, that such user has violated any of the terms and conditions set forth in this Agreement.
This Agreement shall be governed by the laws of Switzerland without regard to its conflict of laws provisions. The parties hereby consent to the jurisdiction of the competent court of Lugano, Canton of Ticino, Switzerland for the adjudication of any disputes arising under this Agreement.
Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
All actions shall be subject to the limitations set forth above. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. Wirelesspark Ltd's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.