Terms of Service
CardBoard’s Terms of Service as of June 2024.
Introduction
These Terms of Service (“Terms”) are a contract between you and CardBoardIT, LLC (referred to in these Terms as “CardBoard”, “us”, “we”, or “our”), the provider of the CardBoard website and the services accessible from the CardBoard website (which are collectively referred to in these Terms as the “Service”).
You are agreeing to be bound by these Terms. If you do not agree to these Terms, please do not use the CardBoard Service. In these Terms, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms, we reserve the right to cancel your account or block access to your account without notice.
Definitions
1. “Service“: The term “Service” refers to the CardBoard website, along with any related services, features, functions, mobile applications, plugins, extensions, or integrations provided by CardBoard.
2. “User“: A “User” is any individual or entity that accesses or uses the Service in any manner, including but not limited to registered users, visitors, and account holders.
3. “Content“: “Content” encompasses all text, data, information, images, graphics, icons, logos, symbols, trademarks, photographs, videos, audio, and any other materials, including related intellectual property rights, that are provided to CardBoard by Users, derived from Users, or otherwise accessed or processed by CardBoard in the context of any business relationship with Users and/or as part of providing the Service.
Your account
Eligibility. Your account must be registered by a human. Accounts registered by “bots” or other automated methods are not permitted. Additionally, you must be 13 years of age or older.
Registration Information. You must provide a valid permanent email address, along with any other information required by CardBoard during the registration process. One person or legal entity may not maintain more than one free account. You are responsible for maintaining the accuracy of your account information.
Individual Login. Your login credentials, including your username and password, may only be used by one person. Sharing a single login among multiple individuals is not permitted. You have the option to create separate logins for as many individuals as necessary, each subject to these Terms of Service.
Password. You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you will be subject to our Privacy Policy. You agree to immediately notify CardBoard of any unauthorized use of your account or any other security breaches.
Restrictions
You may not use the CardBoard Service for any illegal or unauthorized purpose. You must not, in the use of the CardBoard Service, violate any laws in your jurisdiction, including among other things, by:
• distributing any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
• interfering with or circumventing any security feature of the CardBoard Service or any feature that restricts or enforces limitations on use or access to the CardBoard Service;
• infringing or violating the rights of any other party, including without limitation any intellectual property rights, including copyright, trademark, or patent laws, or rights of privacy or publicity;
• being obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causing embarrassment to any other person as determined by CardBoard in its sole discretion; or
• deliberately misleading anyone as to your identity, impersonating another, or falsely identifying the source of any information.
Please adhere to these user responsibilities to ensure the lawful and responsible use of our Service. Failure to comply with these responsibilities may result in the suspension or termination of your account and access to the Service.
API terms
You may access our Service via an Application Program Interface (API). Any use of the API, including use of the API through a third-party product that accesses the services, is bound by the Terms of Service plus the following specific terms:
1. You expressly understand and agree that CardBoard will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CardBoard has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
2. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your access to the API. CardBoard, in its sole discretion, will determine abuse or excessive usage of the API.
3. CardBoard reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Payment and subscription
A valid credit card is required for paying accounts unless your company pays for Service annually as an Enterprise plan, in which case payment via check or ACH is acceptable. Free Trial accounts are not required to provide a credit card number.
The CardBoard Service is billed in advance in accordance with our pricing schedule. There will not be refunds or credits for partial months of Service, annual payments, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes. You agree to pay for any taxes that might be applicable to your use of the CardBoard Service or payments made by you in connection with your use of the CardBoard Service.
Violation of these Terms
We reserve the right to investigate and prosecute violations of any of these Terms to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms. You acknowledge that CardBoard has no obligation to prescreen or monitor your access to or use of the CardBoard Service or any information, materials or other content provided or made available through the CardBoard Service, but has the right to do so. You hereby agree that CardBoard may, in the exercise of our sole discretion, remove or delete any data, accounts or other content that violates these Terms of Service or that is otherwise objectionable.
Cancellation
You are solely responsible for properly cancelling your account. As a security precaution, an email or phone request to cancel or make changes to your account will not result in cancellation. You can cancel your account at any time from the “My Communities” page. The Community Owner, and in some cases Administrators with permission, are the only Users with access to this page.
Any cancellation of your account will result in the deactivation or deletion of your account, and the removal of all content in your account. Cancelled accounts cannot be recovered or restored from CardBoard. Please be aware that we may for a time retain residual account information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
Cancellations will take effect immediately. If you wish to continue using your account through the end of a billing cycle, please do not cancel until the billing cycle is complete.
Termination
CardBoard reserves the right to terminate any free accounts that do not have any activity (logins) for sixty (60) days, or accounts without payment method thirty (30) days after expiration.
CardBoard, in its sole discretion, has the right to suspend or terminate your account if you breach these Terms. Any termination of your account will result in the deactivation or deletion of your account, denied access to your account, and the removal of all content in your account. No refunds will be issued for unused portions of the subscription term.
Intellectual Property
We claim no ownership rights over the content submitted or created exclusively by you in your CardBoard Service account. Any content that is yours remains yours. These Terms do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the CardBoard Service to you.
Similarly, any reporting data we collect from your use of the CardBoard Service remains yours. By using the CardBoard Service you agree that we can use this data to provide the CardBoard Service to you, and you also agree that as long as the data is anonymized and does not identify you, we can combine this data with the anonymized data of other companies to provide benchmarking, public reports or to otherwise use it to provide the CardBoard Service.
The content of the CardBoard Service are copyrighted under the United States copyright laws. CardBoard, and the CardBoard logos, are trademarks of CardBoard and may not be used without our express written permission. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission. You do not acquire any ownership rights by using the CardBoard Service.
User responsibility for content
Compliance with Copyright Law: All content posted on the Service must comply with U.S. copyright law.
User Responsibility: You are solely responsible for all content posted and activities conducted under your account, even when such content is posted by others who have accounts under your account.
Exposure to User-Generated Content: Although we prohibit certain conduct on the Service, you understand and agree that CardBoard cannot be held responsible for the content posted on the Service. You acknowledge that you may be exposed to various materials and agree to use the Service at your own risk.
Privacy
We collect, use, and disclose personal data in accordance with our Privacy Policy. By using our services, you agree to our collection, use, and disclosure of personal data as described in our Privacy Policy.
Indemnification
You agree to indemnify and hold CardBoard, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, charge, liability, damages, expenses, or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the CardBoard Service, use of your account by any third party, your violation of these Terms, or any infringement by you or any third party using your account.
Disclaimers
The CardBoard Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. CardBoard makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service, or merchandise provided through or accessible via the CardBoard Service. No oral advice or written information given by CardBoard or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, CardBoard does not warrant that the CardBoard Service will be uninterrupted, uncorrupted, timely, or error-free.
Limitation of liability
CardBoard will not be liable for any indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, or business interruption, in any way whatsoever arising out of the use of, or inability to use, the CardBoard Service, whether or not CardBoard is advised of the possibility of such damages. You acknowledge and agree that CardBoard’s maximum liability to you will not exceed the amount you have paid CardBoard in the ninety (90) days immediately preceding the date on which you first assert a claim.
To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the CardBoard Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).
Jurisdiction
These Terms of Service and any controversy, claim or dispute arising under or related to these Terms will be construed, pursued and resolved in accordance with and will be governed by the laws of the State of Indiana, USA without regard to its conflicts of laws provisions. You irrevocably consent to the exclusive jurisdiction of the courts of Indiana and the federal courts situated in Indiana in connection with any action or dispute arising between the parties under or in connection with these Terms.
Miscellaneous
• If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect.
• CardBoard will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.
• CardBoard operates and controls the CardBoard Service from its offices in the United States. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the CardBoard Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
• These Terms of Service (which include and incorporate the CardBoard Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and CardBoard concerning its subject matter, and cannot be changed or modified by you.
• The failure of either you or CardBoard to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
Modification of terms
We reserve the right to modify, amend, or revise these Terms at any time. We will provide notice of any material changes to these Terms by posting a notice on our website or by sending you an email or other notification. Your continued use of the Service after such modifications will signify your acceptance of the updated Terms. Therefore, we recommend that you review these Terms periodically to stay informed of any changes.
Contact us
If you have any questions or concerns about this Agreement, please contact us at 16080 Westfield Blvd. Carmel, IN 46033.