Website Access and Usage Terms and Conditions as of 2/1/2020
YOUR USE OF THIS WEBSITE, www.4192cards.com, (the “Site”) CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS PROVIDED BELOW (the “Terms”). 4192Cards Institute and its affiliates (collectively, “4192Cards”) may modify the Terms as well as discontinue or change content or services offered at any time and your continued access and use of the Site thereafter constitutes your acceptance of such changes. If you do not agree with the Terms, please do not use this Site. Each time you use the Site, the current version of the Terms will apply. Accordingly, when you use the Site, you should check the date of the Terms (which appears at the top) and review any changes since the last version.
All information and materials on the Site, including without limitation the text, graphic, logos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site are the intellectual property of 4192Cards, its licensors and its suppliers. The information and materials are protected by copyright and other intellectual property laws and all ownership rights remain with 4192Cards, its licensors or its suppliers, as the case may be. All rights not expressly granted herein are reserved.
II. USE OF SITE
Information obtained via the Site is for your personal use only and may not be further reproduced, published, transmitted or disseminated without 4192Cards’s prior written consent. As a condition of your use of the Site, you represent, warrant and covenant to 4192Cards that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
III. USER SUBMISSIONS
A. The Site permits the submission of postings on message boards and blogs (“User Submissions”). You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize 4192Cards to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms and Conditions. You retain all of your ownership rights in your User Submissions, however, by submitting the User Submissions to 4192Cards, you hereby: (i) grant 4192Cards a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to display, use, distribute and publish the User Submissions on the Site and (ii) grant each user of the Site a non-exclusive license to access your User Submissions through the Site. For the avoidance of doubt, you are not entitled to any compensation for any User Submissions for any reason.
B. In connection with User Submissions, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant 4192Cards all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage 4192Cards or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, vulgar, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person or entity, whether actual or fictitious; or (vi) send viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. 4192Cards does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and 4192Cards expressly disclaims any and all liability in connection with User Submissions. 4192Cards does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and 4192Cards will remove all content and User Submissions if properly notified that such content or User Submission infringes on another’s intellectual property rights. 4192Cards reserves the right, in its sole discretion, to remove content and User Submissions without prior notice. 4192Cards will also terminate a user’s access to its Site, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Site more than twice. 4192Cards also reserves the right to decide whether a User Submission is appropriate and complies with these Terms and Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. 4192Cards may remove such User Submissions and/or terminate a user’s access for violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
C. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
4192Cards’s designated copyright agent to receive notifications of claimed infringement is: Stephen Schauer, at firstname.lastname@example.org . DMCA notices should go to the designated copyright agent; any other comments, requests, or other communications should be directed to 4192Cards customer service at email@example.com . You acknowledge that if you fail to comply with all of the requirements of this Section III (C), your DMCA notice may not be valid.
D. You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that 4192Cards is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 4192Cards with respect thereto.
E. Materials presented on the Site are subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations.
IV. LINKS TO THIRD PARTY SITES; FRAMING OF THIRD PARTY SITES
The Site may contain links to other third party websites (“Linked Sites”) or frames of other third party website screens (“Framed Sites”). The Linked Sites and Framed Sites are not under 4192Cards’s control and 4192Cards is not responsible for their contents, including without limitation, any link contained in a Linked Site or Framed Site, or any changes or updates to a Linked Site or Framed Site. 4192Cards is not responsible for webcasting or any other form of transmission received from any Linked Site or Framed Site. 4192Cards provides such links or frames to you only as a convenience, and the inclusion of any link does not imply endorsement by 4192Cards of the Linked Site or Framed Site or any association with its operators.
V. SITE SECURITY
You may not tamper with the Site, commit unauthorized intrusion into any part of Site or use the Site to intrude into any other site. Acts of interference, including but not limited to, password cracking, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited.
4192Cards does not warrant the accuracy or completeness of the information, graphics, text, links, or other material contained on this Site and is not responsible for any errors or omissions in the content of this Site and shall have no liability for damages of any kind arising out of information on this Site. 4192Cards does not ensure that this Site is free of viruses or other harmful components. USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE (INCLUDING USER SUBMISSIONS) MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 4192CARDS MAY MAKE CHANGES IN THE SITE AT ANY TIME. INFORMATION RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, FINANCIAL OR OTHER DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE. 4192CARDS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OR COMPLETENESS OF THE CONTENT CONTAINED ON THE SITE (INCLUDING USER SUBMISSIONS) FOR ANY PURPOSE. ALL SUCH CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. 4192CARDS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH CONTENT INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF; WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE; WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE SITE AND OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS of 4192CARDS, ITS AGENTS, LICENSORS, OR SUPPLIERS.
FURTHERMORE, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
VII. LIMITATION OF LIABILITY
IN NO EVENT SHALL 4192CARDS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR 4192CARDS SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 4192CARDS OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
4192CARDS RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THIS SITE (INCLUDING USER SUBMISSIONS) OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR THE POSSIBLE CONSEQUENCES OF SUCH CHANGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree to defend, hold harmless, and indemnify 4192Cards from any and all liability, claim, loss, damage or expense arising out of your breach or violation of any representation, warranty or obligation contained in these Terms, or resulting from your use of the Site. You agree to hold 4192Cards harmless from any claims relating to any action taken by 4192Cards as part of an investigation into a suspected violation of these Terms or as a result of its conclusion that a violation of these Terms has occurred.
These Terms are governed by the laws of the State of Kentucky, U.S.A. You hereby consent to personal jurisdiction and venue in Covington, Kentucky, U.S.A. in all disputes arising out of or relating to the use of the Site and agree that any dispute or claim raised or made by you against 4192Cards relating to the Site shall be subject to arbitration before a single arbitrator in said venue in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and 4192Cards as a result of your agreement with these Terms or use of the Site.
If any part of these Terms is 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, enforceable provision that most closely matches the intent of the original provision and the Terms as revised shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and 4192Cards with respect to the Site and the information provided via the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and 4192Cards with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in any legal proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
IX. REPORTING VIOLATIONS; ENFORCEMENT
Any party seeking to report any violations of these Terms may contact 4192Cards via e-mail: firstname.lastname@example.org . When 4192Cards becomes aware of an alleged violation of these Terms, 4192Cards will initiate an investigation. Depending on the severity of the violation, 4192Cards may, at its sole discretion, immediately restrict, suspend, or terminate your access to the Site and/or pursue other civil remedies. If such violation is a criminal offense, 4192Cards will notify the appropriate law enforcement agency of such violation.