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TERMS AND CONDITIONS

Moderncard sp. z o.o. provides certain services, including, but not limited to, access to the Moderncard.pro web site (the “Site”), sending and receiving of contact information, business cards and related data services, other future services, and interfaces, both existing and contemplated, with mobile and other communication devices (the “Services”). Moderncard sp. z o.o.also provides certain programs, applications and other software, through the Site and otherwise, that may be installed by its registered end-users for accessing and using the Services (the “Software”). Moderncard sp. z o.o. maintains the Site for the purpose of informing its members, potential members, and other interested parties about the Services and for downloading the Software. Your use of the Software, Services and Site are subject to the terms and conditions set out below (“Agreement”).

PLEASE READ THE FOLLOWING LEGAL INFORMATION CAREFULLY BEFORE USING THE SOFTWARE, SERVICES OR SITE. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST USE OR YOUR LAST VISIT TO THE SITE. BY ACCESSING OR USING ANY PORTION OF SOFTWARE, SERVICES OR SITE, WHETHER AS A REGISTERED END-USER OR NOT, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. MODERNCARD’S PERMISSION OF YOUR USE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS AND CONDITIONS. This AGREEMENT constitutes your entire agreement with Moderncard sp. z o.o. regarding the SOFTWARE, SERVICES AND Site and governs any and all of your use of the SOFTWARE, SERVICES AND Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Moderncard sp. z o.o. with respect to the SOFTWARE, SERVICES AND Site. You agree that this AGREEMENT is not intended to confer and does not confer any rights or remedies upon any person other than you and Moderncard sp. z o.o.. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY Moderncard sp. z o.o. FOR YOUR USE OF THE SOFTWARE, SERVICES AND SITE, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THE SOFTWARE, SERVICES OR SITE.

The terms “you,” “your,” and “yours” refer to you, the user of the Site. The terms “ModernCard” “we,” “us,” and “our” refer to Moderncard sp. z o.o.

AGE REQUIREMENT

In consideration of your use of the Software, Services or Site, you represent that you are at least eighteen (18) years old and of legal age to form a binding contract, whether acting on your own behalf or as an authorized employee or representative of a corporation or other business entity. You also represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction. If you do not so qualify, do not attempt to register for or use the Software or Services.

MODIFICATIONS TO AGREEMENT

We reserve the right, in our sole discretion, to modify this Agreement at any time and in any manner. Notice of any material modification of this Agreement will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. You are responsible for regularly reviewing the latest version of this Agreement, and any additional terms and conditions that may be posted. Your continued use of the Software, Services and/or Site constitutes your binding acceptance of such modifications. If you do not agree to the changes proposed by ModernCard, or to any of the terms in this Agreement, your only remedy is to stop using the Software, Services and Site.

CONDITIONS OF REGISTRATION

As a condition to using the Software or Services, you are required to register with ModernCard and select a password and User ID. You shall provide  ModernCard  with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your  ModernCard  account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene.  ModernCard  reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.

LIMITATIONS AND USER CONDUCT

You must comply with all applicable laws when using the Software, Services or Site. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to use the Software or Services for any purpose that is unlawful or prohibited hereby, or any other purpose not reasonably intended by  ModernCard . By way of example, and without limitation, you may not: (a) use any automated tool to access, use, or collect information from the Site or mobile devices using the Software or Services (including, without limitation, robots, spiders, scraper, scripts, or other automated means); (b) use the Site in a manner that threatens the integrity, performance, or availability of the Site or interferes with any other party’s use or enjoyment of the Site or interferes with or disrupts the Services or servers or networks connected to the Software or Services, or disobeys any requirements, procedures, policies or regulations of networks connected to the Software or Services; (c) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Software or Site (including, without limitation, by framing or pop-ups); (d) use the Software or Services to abuse, harass, threaten, impersonate, intimidate or “stalk” others; (e) upload, transmit, contribute or otherwise make available any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, harmful, threatening, harassing, tortuous, vulgar, invasive of another’s privacy, hateful, racially, ethnically, sexually or otherwise objectionable or offensive or otherwise violates any law or right of any third party (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), including your violation of a contractual obligation or fiduciary or other duty owed by you to a third party; (f) post or transmit, or cause to be posted or transmitted, any communication designed to obtain password, account, or private information from any other user; (g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose; (h) use the Software or Services in connection with affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic Content; (i) take any action that imposes, or may impose (as judged by  ModernCard  in its sole discretion) an unreasonable or disproportionately large load on our infrastructure; (j) bypass any measures we may use to prevent or restrict access to the Software or Site or remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, Software or Services, features that prevent or restrict use or copying of any content accessible through the Software or Services, or features that enforce limitations on use of the Software or Services; (k) use any means to artificially inflate or alter any voting mechanism, data, or comments, including by way of creating separate user accounts for such purpose; giving or receiving money or other remuneration in exchange for actions; or participating in any other organized effort that in any way artificially alters the results of the Software or Services; (l) harm minors in any way; (m) impersonate any person or entity, including, but not limited to, a  ModernCard  employee, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (n) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Software or Services; (o) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (p) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (q) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Software or Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (r) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any rules of any national or other securities exchange, including, without limitation and any regulations having the force of law; (s) interfere with or disrupt the Software or Services or servers or networks connected to the Software or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Software or Services; (t) fail to deliver payment or otherwise pay for the Software or Services; (u) share  ModernCard -issued passwords or access to your mobile device while  ModernCard  is running and accessible with any third party or encourage any other user to do so, or sell or transfer or allow another person to access your account password, profile, or account; (w) misrepresent the source, identity or content of information transmitted via the Software or Services; (x) attempt to gain unauthorized access to the Software or Services, or any part of it, other accounts, computer systems or networks connected to the Software or Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Software or Services or any activities conducted on the Software or Services; or (y) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (x) above. In addition, you may not use any meta tags or any other “hidden text” using  ModernCard ’s name or other trademark or service mark, nor any  ModernCard  logo or other proprietary graphic or service mark as part of a link, without the express written consent of  ModernCard . You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site.

TERMINATION

We may, without prior notice to you, change, suspend or discontinue the Services at any time, including the alteration, suspension or termination of any feature or features of the Software or Site. We may, at any time and in our sole discretion, impose limits and/or conditions on your use of the Services, Software or Site, and/or restrict your access to part or all of the Services, Software or Site, without notice or liability. We may remove any Content and suspend, restrict or terminate any account at any time for any reason, or for no reason at all.

SOFTWARE

As noted above,  ModernCard  provides the Software for use of the Services. You are licensed to use the Software only to the extent necessary to use the Services on the mobile device on which you register to use the Services (the “registered mobile device”). You may not reproduce, make derivative works, distribute or otherwise use the Software, or any portion thereof, except as necessary to use the Services on the registered mobile device. You do not own the copy of the Software on the registered mobile device and you must return or destroy the copy of the Software on the registered mobile device when your account is terminated, you are no longer using the Services or you cease to use the registered mobile device. This license to the Software may not be assigned or transferred to another user or to another mobile device.

TRADEMARKS, COPYRIGHTS & RESTRICTIONS

Both  ModernCard  and users may provide information and materials on or through the Site, Services and/or Software, including, but not limited to, personally identifiable information, names, addresses, contact information, articles, audio clips, data, emails, graphics, illustrations, images, messages, photographs, posts, software, text, user comments, user posts, and video clips, which may be used or implemented in the Services (“Content”).  ModernCard  retains all right, title and interest in any  ModernCard  provided Content.

With respect to Content you submit or make available for inclusion on publicly accessible areas of the Site or Services, you grant  ModernCard  the perpetual, irrevocable, worldwide, royalty free and fully transferable and sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, publicly display and otherwise exploit such Content (in whole or in part) for any purpose, commercial or non-commercial, including, but not limited to, in connection with the Services for the purposes of providing and promoting the Services, and in any way, including by methods that have not yet been invented or conceived, and to incorporate such Content into other works in any format or medium now known or later developed or conceived.  ModernCard  may transfer such license and the Content in connection with a sale of or change of control of  ModernCard .

The Site and Software is the property of  ModernCard  and its licensors and is protected from unauthorized copying and dissemination by copyrights that are owned or licensed by  ModernCard  under copyright law, trademark law, international conventions and other intellectual property laws.

You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, mirror, display, reformat, use or distribute in any way whatsoever any Content from the Software the Site or any other web site owned or operated by ModernCard or provided through the Services, accept as necessary to use the Services, without the prior written permission of ModernCard.

ModernCard respects the intellectual property of others. It is ModernCard’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. ModernCard will promptly process and investigate notices of alleged infringement and will take all appropriate actions under all applicable intellectual property laws. Upon receipt of notices complying or substantially complying with all applicable intellectual property laws, ModernCard may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. ModernCard will terminate access for subscribers and account holders who are repeat infringers.

 

If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide ModernCard with a counter notification by written communication.  Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking the advice of an attorney.

BUSINESS RELATIONSHIPS

ModernCard has numerous business relationships to enable the ModernCard Services. For convenience and simplicity, words like venture, joint venture, partnership, co-venturer, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.

LINKS TO THIRD PARTY WEBSITES

ModernCard is not responsible for the content of any site that may be linked to or from www.ModernCard.pro. These links are provided for your convenience only and you access them at your own risk. Any other web site accessed from the Site is independent from ModernCard, and ModernCard has no control over the content of that other web site. In addition, a link to any other web site does not imply that ModernCard endorses or accepts any responsibility for the content or use of such other web site.

ADVERTISEMENTS

ModernCard may display advertisements, both for ModernCard and third-party advertisements, on the Site and through the Software and while you use the Services on registered mobile devices. You agree and consent to the display of such advertisements.

NO IMPLIED ENDORSEMENTS

In no event shall any advertising that may appear on the Site or other reference to any third party or third party product or service be construed as an approval, guarantee or endorsement by ModernCard of that third party or of any product or service provided by a third party.

PRIVACY

ModernCard is concerned about privacy. You acknowledge that inherent in your use of the Software and the Services is the sharing of your information, including personally identifiable information, with third parties. Please review our Privacy Policy which governs the use and sharing of your information. By using the Software, Services and/or Site, you agree to abide by such policy and you consent to the use and disclosure of your information according to the terms of this policy. The foregoing should not be construed to imply that, to the extent you participate in any social messaging, discussion or networking feature or other such public forum whether offered by ModernCard now or in the future, third parties may not be able to deduce your identity or the fact that you contributed Content.

You will receive a password and account designation upon completing the Services’ registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ModernCard of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ModernCard cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.

Notwithstanding the foregoing, ModernCard reserves the right at all times to disclose any information as ModernCard deems necessary to satisfy any applicable law, regulation, legal process or governmental request, to enforce these Terms of use, respond to claims that any Content violates the rights of third parties, to respond to requests for customer service, to protect the rights, property or personal safety of ModernCard, its users or the public, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ModernCard’s sole discretion. You understand and agree that the Privacy Policy, including ModernCard’s enforcement of that policy, is not intended to confer, and does not confer, any rights or remedies upon any person. We may change our Privacy Policy from time to time, and our changes are effective upon the posting of those changes on the Site. This posting may be done without notice to you, except as required by applicable law.

DISCLAIMERS AND ACKNOWLEDGMENTS

There may be delays, omissions, or inaccuracies in information contained in the Software and/or the Site. ModernCard’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances.

MODERNCARD DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS PARTNERS, AFFILIATES, ALLIES, SUPPLIERS OR OTHERS IN CONJUNCTION WITH THE SERVICES.

BY USING THE SOFTWARE, SERVICES AND/OR SITE, YOU ACKNOWLEDGE THAT THE SOFTWARE AND THE MATERIALS, CONTENT AND INFORMATION IN THE SOFTWARE AND/OR ON THE SITE AND/OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MODERNCARD MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS, CONTENT AND INFORMATION IN THE SOFTWARE AND/OR ON THE SITE AND/OR PROVIDED THROUGH THE SERVICES AND DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE SOFTWARE AND/OR ON THE SITE OR PROVIDED THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE, THE SITE OR THE SERVER(S) (WHETHER OWNED OR CONTROLLED BY MODERNCARD OR ANY THIRD PARTY) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

You acknowledge that through the use of the Software and the Services your information, including personally identifiable information, will be shared with third-parties. You release ModernCard from any claims related to the sharing of your information, including personally identifiable information shared with third-parties per your request and/or direction

You acknowledge that ModernCard has no control over, and no duty to take any action regarding: which users gain access to any Content you may post; what effects the Services or the Content may have on you; how you may interpret or use information gained from the Services or the Content; or what actions you may take as a result of having been exposed to the Services or the Content. You release ModernCard from all liability for you having acquired or not acquired Content through the Services or the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate.

You acknowledge that ModernCard may or may not pre-screen Content, but that ModernCard and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Services. Without limiting the foregoing, ModernCard and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ModernCard or submitted to ModernCard. You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ModernCard and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the ModernCard. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.

Where applicable law does not allow the exclusions of implied warranties, the foregoing exclusions may not apply to you.

INDEMNITY

By using or accessing the Software, Services, and Site, you agree to indemnify and hold harmless ModernCard, its officers, directors, employees, successors, agents, stockholders, consultants and affiliates for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach or alleged breach (or the breach or alleged breach of any third party using your account) of this Agreement, use or access of the Software, Services, or Site (including without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in ModernCard’s defense and/or settlement of any claim. ModernCard reserves the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

EXCLUSION OF DAMAGES

NEITHER MODERNCARD, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR THE LOSS OF PROFITS, DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE, SITE, SERVICES OR THE INFORMATION CONTAINED IN THE SOFTWARE, ON THE SITE OR PROVIDED BY THE SERVICES, EVEN IF MODERNCARD OR ONE OR MORE OF THE FOREGOING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY

IN NO EVENT WILL MODERNCARD’S ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, OR AFFILIATES OR ITS SUPPLIERS’ TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SOFTWARE, SITE OR SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT OF $250.

CHOICE OF LAW, JURISDICTION, VENUE AND ARBITRATION

ModernCard operates the Site from its offices based in Poland. ModernCard makes no representation that the Software, Services or Site are appropriate or available for use outside the Poland. Those who choose to use or access the Software, Services or Site from outside the Poland do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  You consent to the exclusive jurisdiction of the courts located in Poznań, Poland. Any controversy or claim arising out of or relating to the Software, Services or Site or this Agreement will be settled by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Poznań, Poland, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Polish law. Notwithstanding the foregoing, ModernCard may immediately seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect its rights or property (including intellectual property rights).

MISCELLANEOUS

ModernCard reserves the right to remove any Content, add features, remove features, cancel user accounts for violation of this Terms of Use, modify this Terms of Use, and cancel Services without liability and without notice at any time.

No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind ModernCard in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. ModernCard shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ModernCard’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with ModernCard’s prior written consent. ModernCard may transfer, assign or delegate this Agreement and its rights and obligations without consent.

COMMENTS, COMPLAINTS AND QUESTIONS

We welcome your feedback about the Software, Services or Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of ModernCard and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without notice or compensation to you. To the extent it is not possible or effective for you to transfer any interest you have in the foregoing feedback hereby, you hereby grant ModernCard the perpetual, irrevocable, worldwide, royalty free and fully transferable and sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, publicly display and otherwise exploit such feedback (in whole or in part) for any purpose.