N2ACards.com™ Terms of Use

 

Oct. 20, 2011

 

By clicking that you accept these Terms and Conditions of Use of N2ACards.com you agree to a legally binding Agreement ("Agreement") between you, the user, and N2ACards, LLC.  ("Company" "N2A™," "we," or "us"). N2ACards, LLC owns and operates the N2ACards.com website ("Site"). N2A owns or licenses the products and services offered on or through the Site (collectively, the "Services"). You acknowledge that you have legal authority to enter into this Agreement, and to purchase an N2A product. "User" includes all visitors to the Sites, and those registered with the Sites.

 

BY ACCESSING OUR SITE AND USING THE SERVICES, AND ANY OF THE UPDATES THEREOF, AND BY PROVIDING OR SUBMITTING INFORMATION THROUGH OUR SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS, AND THE PRIVACY POLICY INCORPORATED BY REFERENCE INTO THE TERMS, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT ACCESS OUR SITE, USE THE SERVICES, OR PROVIDE ANY INFORMATION THROUGH OUR SITE.

 

We reserve the right to change, modify, add, or remove portions of these Terms and Conditions (“Terms”) at any time. You agree to check these Terms periodically for changes. The Terms can be found at the bottom of the Home Page of the Site. Your continued use of our Site following the posting of changes to these Terms, including the Privacy Policy, will mean you accept the changes. The Terms outline the legal obligations of Company and you, the user, and also outline what can and cannot do while accessing the Site and Services.

 

Please be sure to read our Privacy Policy which outlines our policies to respect the privacy and enjoyment of users. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

U.S. Visitors. Currently our Site and Services are designed for and intended for users in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

Account Ownership. In order to purchase goods from our Site or make comments on the Forum, you will need to register for an account membership (“Account”). We will ask for your name, address, and email address. You agree not to provide any false information on the Site or Services, or to create an Account for anyone other than yourself. Your account is personal to you, and it is your responsibility to keep your account identity and password confidential. You are solely responsible for any loss or damage from your failure to comply with this security obligation. You agree to notify N2A immediately if there is any unauthorized use of your account. You agree to keep your account information up dated and accurate. Upon registration and acceptance of our Terms, N2A grants you a limited license to make personal use of our Site and Services in accordance with this Agreement as outlined herein, and to view the webpages and participate in the Forum, or purchase goods. You, the user, bear sole and exclusive responsibility for use of the Site and Services, and all information accessed, viewed, and submitted.

 

Security. For your privacy and security, we highly recommend that you use a longer password consisting of a mix of lower and upper case letters including numbers and signs. We take great care in maintaining the security of your information, and preventing unauthorized access to it, through the use of commercially reasonable technology and internal procedures. We recognize the importance of your privacy and employ SSL during credit card transactions.  Please refer to our Privacy Policy for additional information.

 

Payments. We recognize the importance of your privacy and employ SSL and encryption during transactions. We use Amazon and Chase Bank as our payment processor. Please refer to their respective website's Privacy Policy and Terms of Use. Our product pricing is subject to change with such notice provided at any time by posting the changes to the Site. You acknowledge that you have legal authority to enter into this Agreement, purchase a product, and that you are either the account holder of the credit card to be used, or you have received authorization from the credit card holder to charge the credit card for the indicated amount of for these goods. If you experience a problem accessing your Account, please contact us at support@N2ACards.com.

 

Rights and Restrictions on Use. You shall use the Site and Services for lawful purposes only. You shall not post, submit, or transmit any material that violates or infringes in any way upon the rights of others, including but not limited to, any intellectual property rights, the right of privacy or publicity. You are prohibited from using the Services to (i) facilitate mail abuse or unsolicited email of any type (Spam); (ii) bypass any security features (including the use of another person's user name to access the Site) or encryption tools that we may use to prevent or restrict access to all or parts of the Site; (iii) create liability for us, or cause us to lose (in whole or part) the services of our ISPs or other suppliers; or (iv) deliver viruses, Trojan horses, malware, or the like, or other programming routines that may damage or interfere with the Sites or Services or other sites and services. You further agree that you will not use the Site or Services to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services. We reserve the right to refuse service to users for any reason. We may alter, suspend or discontinue any aspect of the Site or Services at any time, including the availability of any feature, product, or content. We may also impose limitations on certain features and aspects of the Site or restrict access to all parts of the Site or Services without notice or liability, in our sole discretion. If your Account has been terminated for any reason, you may not re-register without our prior written consent from us.

 

Submissions. Any information submitted, posted or uploaded to N2A, the Site or Services, (“Submissions”) will be deemed NOT CONFIDENTIAL if sent to us as part of an order, or if available for viewing by others. (Please refer to our Privacy Policy for additional information.) You warrant and represent that you own or otherwise control all of the legal rights to these Submissions, as described herein, including without limitation, all the rights necessary for you to provide, share, post, upload, transmit, input or submit your Submissions. You should not reference another person by a real name (first and last), or provide any other personally identifiable information about another person or entity unless you have permission from that person or entity. You should not post any information that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or contains or implies false, inaccurate or misleading information. We do not guarantee that we will edit or delete posts. We do not actively monitor the messages within the Forum, and are not responsible for the content or views expressed therein. Unless otherwise specified, we do not claim ownership of your Submissions. However, by posting, uploading, inputting, providing or submitting your Submission you are granting N2A permission to use your Submissions in connection with the operation of our businesses. You grant us an unrestricted, irrevocable perpetual, worldwide license to display, use, modify, perform, reproduce, translate, transmit, and distribute via our Site or Services any information you send N2A for the purposes outlined within the context of the Submission or herein. You also grant us a limited worldwide right to use, post, publish and transmit your Submissions to promote and advertise our Site for marketing purposes, with appropriate copyright notices given where applicable.

 

Intellectual Property and Copyright Notice. This Site and Services are controlled and operated by N2A Cards, LLC. Our software, materials and information on the Site and Services, including, but not limited to, images, text, code, data, illustrations, audio, video files, and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by Company or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the Site and/or Services are the property of their respective owners (for example, Android, Nook™ or Nook Color™). Except as expressly authorized herein or through the End User License Agreement (“EULA”) that accompanies the Goods, material from the Site and from the Services and Goods may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You shall not remove or obscure any intellectual property notices or hold yourself out as the owner or creator of any Intellectual Property on the Site and Services, including Goods, unless you are the owner or licensee of such. You additionally agree that the Intellectual Property, including but not limited to the marks and logos, will not be used in any manner that disparages or discredits the Site or Services, is likely to cause consumer confusion, or is in violation of this Agreement. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website, networked computer environment, or mobile device, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited. If you have any questions or concerns about the intellectual property, including copyrights, on our Site, please email us at copyright@N2ACards.com. We reserve all rights other than those expressly granted herein.

 

Minors. N2A does not knowingly collect information from anyone under the age of 18. Our Site and Services are directed at those who are over the age of 18. If someone is under the age of 18, they should only use this Site and Services under the supervision of an adult or legal guardian.

 

Copyright Infringement. N2A will investigate notices of copyright infringement and take appropriate actions under applicable local law including, in the United States, the Digital Millennium Copyright Act.

We will investigate notices of copyright infringement and take appropriate actions under applicable local law including in the United States, the Digital Millennium Copyright Act. Written notification of claimed copyright infringement must be submitted to our DMCA Agent at copyright@N2ACards.com or at the address below under Notice (link to below). Please click here for more information (link to the section on DMCA).

 

 

Copyright Infringement Notice.

 

To be effective, the DMCA notification must include the following:

  1. An electronic or physical signature of the copyright owner or the person authorized to act on its behalf;

  2. A description of the copyrighted work claimed to have been infringed;

  3. A description of the location of the infringing material and information reasonably sufficient to permit us to locate the material;

  4. Your contact information, including your address, telephone number, and email address;

  5. A statement by you 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

  6. A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner. (This means that you are the owner, or you have written authorization from the copyright owner.)

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to large civil penalties and damages incurred by us, any copyright owner, or any copyright owner's licensee. You may also be subject to criminal prosecution for perjury. Please also note that the information provided in the above legal notice may be forwarded to the person who provided the allegedly infringing content and we may choose to publish Claimant information in place of disabled Content. If you believe that someone has copied your work, either in part or whole, please follow our procedures. Click here if you would like to file a Counter Notice.  (Can click here and then goes to next section to reduce length of your Terms.)

Counter Notice Under the DMCA. When we receive a notification of alleged copyright infringement, we remove the Submission or Content that is the subject of the notification. If you believe your content was misidentified as infringing, you may file a counter-notification. If you did not have all of the rights to post the material at issue, you MUST NOT submit a counter-notification. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be liable for damages. If the original claim of alleged infringement was submitted under Section 512(c) of the Digital Millennium Copyright Act, you must use the DMCA counter-notification. The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. You must send the Counter Notice to our designated agent for receiving notices of infringement, whose name and contact information is under the DMCA notice above.

A counter-notification must include the following specific elements:

  1. Identification of the specific URLs of material that our Site has removed or to which our Site has disabled access.

  2. Your full name, address, telephone number, and email address, and the username of your Account.

  3. The statement: "I consent to the jurisdiction of the Federal District Court in which the address is located, or if the user's address is outside of the United States, for any judicial district in which Company is located, and will accept service of process from the claimant."

  4. The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

  5. Signature. A scanned physical signature or a valid electronic signature will be accepted.

  6. Submission. We can only accept a counter-notification directly from the user from whose account a video has been disabled. For verification, we require that Counter Notice be submitted from the email address associated with the account.

Process: What happens next? After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within 10 business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our Site. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Linking Sites. Links in the Site and Services may allow you to leave our Site or Services. Linked sites are not under our control and we are not responsible for the content available there. We are providing these links to other websites as a convenience to you, and access to any other website linked to the Site or Services is visited at your own risk. The inclusion of a link does not imply a recommendation or endorsement by us of the linked website. Please refer to the terms of use and privacy policy for each site visited.

 

DISCLAIMER OF WARRANTIES. THE MATERIALS, INFORMATION/CONTENT, AND GOODS OFFERED ON AND IN THE SITE OR THROUGH SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, N2A DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE USE OF THE SITE AND SERVICES. N2A DOES NOT WARRANT THAT THE SITE, COMPUTER SYSTEMS, SERVICES, OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT N2A) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. FURTHERMORE, N2A DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, CONTENT OR SERVICES POSTED EITHER BY N2A, THIRD PARTIES, ADVERTISERS, OR AFFILIATES ON THE SITES. GOODS SOLD THROUGH N2A ARE “AS IS”. AS A SERVICE TO YOU, N2A MAY PROVIDE ACCESS TO THIRD PARTIES AND ADVERTISERS AND ASKS THAT YOU REVIEW THEIR COMPANY POLICIES, INCLUDING BUT NOT LIMITED TO THEIR TERMS AND CONDITIONS AND PRIVACY POLICY. YOU AGREE THAT NEITHER N2A, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, NOR THIRD PARTY PROVIDERS, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY GOOD, SERVICE, INFORMATION, CONTENT OR OPINIONS PROVIDED ON AND THROUGH THE SITE AND SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES, INCLUDING GOODS SOLD HEREIN. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS N2A, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND THIRD PARTY PROVIDERS, FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO THIRD PARTY CLAIMS OR CLAIMS FOR YOUR BREACH OF ANY PROVISIONS OF THESE TERMS, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THE SITES OR ANY GOODS OR SERVICES PROVIDED BY N2A. THE ENTIRE LIABILITY OF N2A, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AUTHORIZED AGENTS, AND THIRD PARTY PROVIDERS, AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. N2A reserves the right to assume, at its sole expense, the exclusive defense and control of any claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with N2A in the defense of any such claim, action, settlement or compromise negotiations, as requested by N2A.

 

Indemnification. You agree to indemnify N2A and its officers, directors, employees, agents, third party providers, and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the provisions of these Terms.

 

Breach. Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely terminate your registration and refuse to provide our Site and Services to you if, within our sole and independent judgment: (a) you breach, or we reasonably anticipate that you are about to breach this Agreement or the documents it incorporates by reference; (b) we are unable to authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss, injury or legal liability for you, our users, or Company, and its officers, directors, employees, agents, distributors, and third party providers. We can also terminate this Agreement at any time, with or without cause.

 

Choice of Law and Jurisdictional Issues. These Terms, including but not limited to the Privacy Policy, shall be governed by the laws of the State of Arizona, without regard to principles of conflicts of law. You submit to the exclusive personal jurisdiction of the state and federal courts located in Phoenix, Arizona, and the U.S. District Court of Arizona. These Terms of Use, including the Privacy Policy, and End User License Agreement, constitute the entire agreement between you and N2A. If any part of these Terms of Service is held invalid or unenforceable, the remaining portions shall remain in full force and effect.

 

Assignment and Succession. Notwithstanding any other provision of these Terms, N2A, its successors and assigns may fully enforce any term or provision of these Terms, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.

Refunds. Because we endeavor to keep our costs low, we ask that you thoroughly review your order prior to submitting it. Refunds are rare; however, in the event you are not fully satisfied with your order, you may request a refund within 30 days of purchase.

Mobile Access. Our Sites are accessible for viewing on mobile devices. We don't charge for viewing our Sites, however your wireless carrier's normal rates and fees such as data transfer fees, will still apply. Please refer to your carrier's policy.  Under no circumstances will we be responsible for any wireless usage charges incurred by a user.

 

Notice. Unless otherwise indicated, please direct notices to N2A Cards, 7702 E Doubletree Ranch Rd Suite 300 Scottsdale AZ 85258, support@n2acards.com

 

Compliance With ADA. It is our goal to comply with the ADA, making access to our services available to as many people as possible. If you have any suggestions to make access to our site easier, please contact us, as we continue to improve our services and products.

 

Entire Agreement. These Terms of Use, incorporating by reference the Privacy Policy and where applicable, the EULA, constitutes the entire Agreement between you and Company. No waiver or any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intent of Company. Any provision which must survive in order to allow Company to enforce its meaning shall survive the termination of this Agreement.

Termination. You may cancel your Account at any time by emailing us at support@N2ACards.com. We will retain your Personal Information for the purposes outlined herein and within our Privacy Policy, and such information may remain in our archives, particularly if required to be stored for legal purposes. Upon cancellation or termination, the Terms will remain in effect and legally binding, without limitation. We may terminate your use of and registration on the Sites, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

These Terms and Conditions of Use, including the Privacy Policy and EULA referenced herein, can change at any time without notice. It is your responsibility to review these Terms and the Privacy Policy, both of which are available at www.N2ACards.com.

 

Copyright 2011 N2ACards, LLC All Rights Reserved.