Updated and effective: December 1, 2022
These terms of service (“Terms”) cover your use and access to our services, website, client software, mobile applications, and or any associated content/postings (collectively, the "Service"). Your use of the Service is subject to these Terms of Service (collectively, the “Terms of Service” or “Agreement”). Our Privacy Policy explains how we collect and use your information and our Acceptable Use Policy outlines your responsibilities when using our Service. If you’re using our Services for an organization, you represent and warrant that you have authority to accept these Terms on behalf of that organization. These Terms of Service are a legal agreement between You and profitcards.io (“Profit Cards”), for use of the Service.
By using or accessing the Service, you are agreeing to these Terms, our Privacy Policy, and our Acceptable Use Policy (collectively, this “Agreement”). "You" refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then "You" refers to such entity. If You are accessing the Service on behalf of Your employer, you represent and warrant that You have the authority to agree to these Terms on its behalf. At any time and from time to time, Profit Cards may modify the Terms. Accordingly, please continue to review these Terms whenever accessing or using the Service. After Profit Cards has posted modifications to the Terms, Your use of the Service constitutes your binding acceptance of such changes. By using the Service, You signify Your irrevocable acceptance of this Agreement. If you don’t agree to all the terms in this Agreement, you may not use or access the Service.
Introduction
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between You and Profit Cards is intended or created by these Terms. Profit Cards reserves the right to ban any member or website, elect to suspend or terminate access to the Service for any reason. The original language of these Terms is English. Profit Cards may make available translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail. The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Description of Service
The Service includes, and is limited to, a service, web site, or mobile application that allows You access to and use of a single Profit Cards Account. The Service may contain information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service (collectively, “Content”). Subject to these Terms, Profit Cards grants to You and each user of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use Content solely for purposes of using the Service. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Service is expressly prohibited without prior written permission from us.
A "Profit Cards Account" or "Account" referred to herein means a service, web site, or mobile application, provided by Profit Cards, where You may use Profit Cards to create, update, share, and publish information, data, text, messages or other materials ("User Content”). The Service lets You share User Content with others, including without limitation on social media and the open web, so please think carefully about what you share. We’re not responsible for what You share via the Service.
Registration
To acquire an Account for the Service, You must provide Profit Cards with an electronic mail address and other information ("Registration Data"). You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Profit Cards of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Profit Cards cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.
Kids Under 13 and Profit Cards
Profit Cards does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Service without the express consent of such person’s parent or guardian. The Service is not intended for and may not be used by children under the age of 13. By using the Service, you represent that you're at least 13. If you’re under the age of 18, you must have your parent or guardian’s consent to this Agreement, and they may need to enter into this Agreement on your behalf. In the event that we learn that we have collected personal information from a child under age 18 without verification of consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at [email protected].
Third Party Services and Integrations
The Service is integrated with various third party services, applications and sites (collectively, “Third Party Services”) that may make available to you their content and products. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof. The Service may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites.
Acceptable Use of the Service
You must not use the Service for anything that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, racially, ethnically or otherwise objectionable, or is prohibited by these Terms and/or any notices elsewhere in the Agreement. At any time we reserve the right and may moderate access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree not to copy and or collect Profit Cards content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings, communications, and/or accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of Profit Cards’s policies or rules referenced above ("Prohibited Content"). You agree not to abuse flagging or reporting processes. You agree not to collect Profit Cards user information or interfere with Profit Cards. You agree not to misuse the Profit Cards Service or help anyone else to do so. You are solely responsible for Your User Content and the consequences of posting or publishing them on or through the Service.
Warranty and Limitation of Liability
We do our best to provide the Service, but there are certain things we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, PROFIT CARDS AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICE. THE SERVICE IS PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not promise that any aspect of our software or service will work properly or continuously. Neither Profit Cards nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
Indemnification
You agree to indemnify, defend and hold harmless Profit Cards, its affiliates, officers, directors, employees, consultants, agents, suppliers and resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney's fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of these Terms or the infringement or violation by You or any other User of Your Account, of any intellectual property relating to the Service or other right of any person or entity.
Waiver of Claims Against Profit Cards
Please understand that Profit Cards is not responsible for the actions of its Users; each User is responsible for their own actions and behavior. Accordingly, to the maximum extent permitted by applicable law, you release Profit Cards (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Termination
Profit Cards may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Profit Cards account (if you have one), you may simply discontinue using the Service.
Copyright / DMCA
We reserve the right to delete or disable content alleged to be infringing and terminate User Accounts of repeat infringers. Please note that under applicable law any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
Miscellaneous
This Agreement constitutes the entire agreement between Profit Cards and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Profit Cards, or by the posting by Profit Cards of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of Arizona, U.S.A.