- Last Revised: [01/11/2019]
- The Website and Application offer a new, easy-to-use and highly efficient way to create, manage and share personal business cards online (“Online Card(s)“), making physical business cards (“Paper Card(s)“) effectively obsolete. The Website provides information about Our products and services, and enables visitors to review and update the Online Card containing Contact Details (as defined below) about them scanned through the Application (“Online Card Owner(s)“), inter alia to ensure that their Contact Details were filled in correctly (“Claim“). The Application allows an Online Card Owner to add Online Cards of other Online Card Owner to her/his Contact List (As defined below) by using advanced mobile data sharing features between the two Online Card Owners. An Online Card Owner may also use certain third party Optical Recognition Scanner (“OCR Technology“) to scan Paper Cards provided to her/him by individuals who requested that their Contact Details be added to her/his Contact List hence transforming such Paper Cards into Online Cards and making their owners Online Card Owners.
- IMPORTANT: BY ACCESSING OUR WEBSITE, DOWNLOADING AND/OR INSTALLING AND/OR USING THE APPLICATION, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT – YOU SHOULD NOT ACCESS THE WEBSITE AND/OR USE THE APPLICATION AND ARE OBLIGED TO UNINSTALL AND ERASE THE APPLICATION FROM YOUR MOBILE DEVICE (AS DEFINED BELOW) , IF APPLICABLE.
1. Using the Website
- Once You have become an Online Card Owner, You will be able to view your Online Card on the Website, Claim, modify and delete any of the contact information which appears about You thereunder. Including, inter alia, Your name, company, job title, phone numbers, email address, social media profiles, picture, and company’s logo (“Contact Details“). If you encounter any difficulties with Claiming, modifying or deleting any of your Contact Details, please send Us an email to: firstname.lastname@example.org.
2. Using the Application
- 2.1. Upon successful installation of the Application on Your supported mobile device (“Mobile Device“), following creation of a User Account as described below, You will have the ability to create, manage and share your Online Card, as well as to scan Paper Cards and transform them into Online Cards through the OCR Technology as mentioned above, and manage a contact list containing all of Your Online Cards stored on the Application (“Contact List“).
- 2.2. You understand and agree that You are solely responsible for any Paper Card scanned by You via the Application and the consequences of scanning or otherwise using the Contact Details which appear thereunder. You represent and warrant that You have (and will continue to have during Your use of the Application) all necessary licenses, rights, consents, and permissions which are required to use and to enable the Company to use the applicable Contact Details for the purposes of this Agreement, and/or otherwise to use the Contact Details in the manner contemplated by this Agreement. You agree that You will not scan through the Application any Paper Card which You are unauthorized to possess, scan or upload any of the Contact Details which appear thereunder in the country in which You are resident, or of which use by the Company in connection with this Agreement is not explicitly authorized by the applicable individuals to whom Contact Details belong. The Company explicitly reserves the right, but not the obligation, to remove any Contact Details without prior notice, at its sole discretion. In addition, Company may remove the Contact Details upon any request by an Online Card Owner.
- 2.3. You hereby further undertake not to interfere with or violate other individuals’ rights to privacy and other rights, or harvest or collect data and information about them, including, inter alia, any Paper Cards and/or Contact Details, without their express consent.
3. Representations and Warranties
- As a condition to Your use of the Website and Application, You hereby represent and warrant that:
- 3.1. You are at least 18 years of age and possess the legal authority to enter into this Agreement, to use the Website and Application in accordance with all terms and conditions herein, and to fully perform Your obligations hereunder;
- 3.2. You are financially responsible for Your use of this Website and Application;
- 3.4. Your use of the Website and Application has not been previously suspended, nor Your access to the Website or Application has been previously blocked by Us.
4. Use Restrictions
- 4.1. While using Our Website, Application, there are certain types of behaviors which are strictly prohibited, as appears in the list below. Please read this list carefully. Your failure to comply with the provisions set forth herein may result in the suspension or blocking of Your use of the Website and Application and may expose You to civil and/or criminal liability.
- 4.2. You may not, whether by Yourself or anyone on Your behalf:
- 4.2.1. copy, modify, alter, adapt, make available, translate, reverse engineer, decompile, or disassemble any portion of the Website and Application, including but not limited to, other users’ Contact Details;
- 4.2.2. create a browser, frame, border environment or GUI around the Website and/or Application;
- 4.2.3. interfere with or disrupt the operation of the Website and/or Application, or the servers or networks that host the Application or make the Application, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
- 4.2.4. publish or make use in any way any information about users of the Website and/or Application including ,inter alia, any Contact Details , without their expressed consent.
- 4.2.5. impersonate any person or entity or provide false or misleading Contact Details and/or other personal information;
- 4.2.6. transmit or otherwise make available through or in connection with the Application any virus, “worm”, “Trojan Horse”, “time bomb”, “web bug”, spyware, or any other computer code, file, application or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- 4.2.7. use the Website and/or Application or other Contact Information for any illegal, unlawful or unauthorized purposes;
- 4.2.8. use the Website and/or Application for any commercial or other non-personal purposes, including any usage which generates any revenues, whether directly or indirectly, without Our prior written consent.
- 4.2.8. use the Website and/or Application and/or Contact Details for purposes of harassment, stalking, scorning, mocking, humiliating, offending, provocation, violence or any other purpose which may endanger other users.
5. Intellectual Property Rights
- The Website and Application
- 5.1. The Website and Application, including without limitation, the proprietary algorithms and methods, inventions, patents and patent applications, copyrightable material, graphics, text, sounds, music, designs, specifications, data, technical data, videos, interactive features, software (source and/or object code), files, interface, GUI and trade secrets pertaining thereto (collectively, “WebCards Intellectual Property“), are fully owned or licensed to Us and are subject to copyright and other applicable intellectual property rights under applicable laws, foreign laws and international conventions. Except as provided herein, You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property not as explicitly permitted to You under this Agreement.
- The Online Cards
- 5.2. Any Contact Details, including, inter alia, the companies’ logos and trademarks and the Online Card Owners’ photos, shall remain vested with their applicable owners, and the use of the Website and Application as pursuant to this Agreement, does not, by itself, transfer the ownership of intellectual property rights to the Company, but rather grants the Company with an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, transmit, prepare derivative works of, display and make available to other Online Card Owners any of the Contact Details.
6. Account and Security
- 6.2. You are solely and fully responsible for all activities that occur in Your User Account or under Your name as a User. We cannot and will not be liable for any loss or damage arising from (i) Your failure to comply with this Agreement; (ii) any breach of security; (iii) any activity under Your User’s Account conducted by others on Your behalf and/or under Your supervision, whether or not Company was notified of the possibility and/or existence of such a loss of damage. You may be liable for the losses of Company or others due to any such use.
- 6.3. If You would like to close Your User Account and discontinue using the Application, You should contact Our support services staff at email@example.com. We will assist You in closing Your User Account as long as You are acting in good faith and are committed to meet any of Your pending obligations.
- “WebCards”, Our company logo and other commercial identifiers We use in connection with the Application are all trademarks and/or trade names of Ours or of Our third party licensors, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to such trademarks and/or trade names.
8. Disclaimer and Warranties
- 8.1. THE WEBSITE AND APPLICATION ARE AT THEIR BETA STAGE AND PROVIDED HERE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- 8.2. WE DO NOT WARRANT THAT THE WEBSITE AND APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE WEBSITE AND APPLICATION, AT ANY TIME.
- 8.3. WE MAKE NO REPRESENTATION REGARDING THE SUITABILITY OF THE WEBSITE AND APPLICATION OR ANY OTHER INFORMATION PROVIDED THROUGH IT, DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE WEBSITE AND APPLICATION, AND WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL INFORMATION RECEIVED THROUGH THE WEBSITE AND APPLICATION.
- 8.4. WE MAKE NO REPRESENTATION REGARDING THE QUALITY, ACCURACY AND EFFICIENCY OF THE WEBSITE AND APPLICATION AND/OR THE CONTACT DETAILS PROVIDED THROUGH THE OCR TECHNOLOGY, DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY RELIANCE OR EXPECTATIONS OF USERS WITH RESPECT TO THE QUALITY, ACCURACY AND EFFICIENCY OF THE WEBSITE AND APPLICATION AND/OR THE INFORMATION TRANSLATED THROUGH THE OCR TECHNOLOGY, AND WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF THROUGH THE WEBSITE AND APPLICATION AND/OR THE OCR TECHNOLOGY.
- 8.5. WE MAKE NO REPRESENTATION REGARDING THE ACCURACY AND INFORMATION SECURITY OF THE DATA. YOU SHOULD NOT RELY SOLELY ON THE WEBSITE AND APPLICATION AS THE SOURCE OF CONTACT DETAILS AND WE STRONGLY URGE YOU TO BACKUP THE CONTACT DETAILS.
- 8.6. WE DO NOT WARRANT NOR GUARANTEE ANY INFORMATION OR CONTENT, INCLUDING, INTER ALIA, ANY
- CONTACT DETAILS PROVIDED THROUGH THE WEBSITE AND APPLICATION, AND ASSUME NO LIABILITY, WITH RESPECT TO SUCH INFORMATION AND/OR CONTENT.
9. Limitation of Liability
- THE USE OFTHEWEBSITE AND APPLICATION IS SOLELY AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM OR ARISING OUT OF THE APPLICATION AND/OR INFORMATION TRANSLATED THROUGH THE OCR TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES, LOSS OR COSTS YOU MAY SUFFER DUE TO THE INSTALLATION OF THE APPLICATION ON YOUR RESPECTIVE MOBILE DEVICE, THE USE OF THE WEBSITE AND APPLICATION, YOUR RELIANCE ON THE INFORMATION PROVIDED THROUGH THE WEBSITE AND APPLICATION, REGARDLESS OF WHETHER WE OR AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO TEN (10) US DOLLARS.
- You agree to defend, indemnify and hold Us, Our officers, directors, employees and agents harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of the Application; (ii) Your violation of any term of thisAgreement; (iii) Your violation of any third party rights, including without limitation any intellectual property rights or privacy right; and (iv) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party with relation to the Application. This defense and indemnification obligation will survive this Agreement.
11. Copyright Agent
- We respect the intellectual property rights of others, if You believe that any content displayed through the Website and/or Application is infringing Your rights, including, but not limited to circumstances leading You to believe that content relating to any of Your Contact Details have been copied in a way that constitutes copyright infringement, please provide the following information in writing to WebCards Copyright Agent: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) A description of the copyrighted work that You claim has been infringed; (iii) A description of the material that You claim 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 sufficient to permit WebCards to locate the material; (iv) Information so that We can contact You, such as address, telephone number and e-mail address; (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; (vi) A statement that the information in the notification is accurate and, under penalty of perjury, that You are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. WebCards Copyright Agent can be reached at the following address firstname.lastname@example.org
- 12.1. This Agreement does not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
- 12.2. Any claim relating to the Application or its use thereof will be governed by and interpreted in accordance with the laws of the United Kingdom without reference to its conflict-of-laws principles.
- 12.3. Any dispute arising out of or related to your use of the Application and/or Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the London District, UK. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
- 12.4. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
- 12.5. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
- 12.6. This Agreement constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between You and the Company.
- If You feel that any of Your personal rights has been compromised by the Service, or the Application please contact Us at: email@example.com and We will exert Our best efforts to address Your complaint.
- For information or questions contact: firstname.lastname@example.org
- WebCards Ltd.
- Email: email@example.com