i-Card

User Agreement

Last updated on 01/28/16
Welcome, and thanks for your interest in the i-Card mobile application! When you use our product, you are also agreeing to our terms and conditions and in turn entering into a legally binding agreement; therefore, it is important for you to read and understand our User Agreement prior to using our Service.

1. Introduction

We are a contextual computing smartphone app platform designed to help grow your network in a way that safe and secure, yet innovative and effective in staying accessible to others in your professional nexus.

1.1. Purpose

i-Card's mission is to connect personal and business associates with one another, by using a simple QR Code scanning method from one smartphone to another.

When you use our Services, you are entering into a legal agreement and you agree to all of these terms. You also agree to our Privacy Policy, which entails how we collect, use, and store your personal information.

1.2. Agreement

You agree that by activating a new i-Card account or by using our Services ("Services" refers to any and all information or content that is used, stored, and shared on the i-Card mobile app) you are entering into a legally binding agreement even if you are using our Services on behalf of a company. Your agreement is with i-Card. This "Agreement" includes this User Agreement and the Privacy Policy and may be periodically revised by i-Card. If you do not agree to this Agreement, do NOT keep an account active or use any of our Services.

2. Obligations

Here are some promises you make to us in the Agreement:

You're eligible to enter into this Agreement and you are at least our required "Minimum Age."

2.1. Service Eligibility

To use the Services, you agree that you must be the "Minimum Age" (as defined in the United States as being 14 years of age) or older, you must use your real name, and you are not already restricted by i-Card from using our Services.

You'll keep your password a secret You will not share an account and will follow our rules and the law.

2.2. Your Account

You solely own your account. You are agreeing to (1) select a strong password; (2) keep your password confidential; (3) not transfer any part of your account to others; (4) follow the law and the Dos and Don'ts listed in this document; (5) report any fraudulent and fake accounts created using your email address, ID, profile information or pictures. You alone are responsible for your account. Should your account become compromised, it is your responsibility to close and/or report the abuse to i-Card.

You agree to allow us contact you via email or through our mobile app. You agree to keep your contact information current.

2.3. Notices

You agree that we may provide notices in the following manner: (1) a notice on the Service; (2) an email sent to your address on file; (3) through other means such as through your phone number or physical mailing address.

Information you share with other Users is available to see, copy, and use by those Users.

2.4. Sharing information

The information you chose to share with others is your responsibility to inspect and maintain. We will honor any choices of settings that you select in terms of what information is available to other Users. We are not under any obligation to publish any information associated with your account and removal of any of it is in our sole discretion with or without notice.

3. Rights and Limits

You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it. We will honor your decision on who has access to your information. You agree to only provide information that is truthful and that you have the right to share.

3.1. Your Rights and License to i-Card

In regards to your mutual commitment to i-Card, you directly own all content that you submit to your account and you are granting i-Card the non-exclusive, transferable, sub-licensable and worldwide rights, to use, copy, modify, distribute, publish, and process, information and content that you provide through our Service, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways: a. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems. b. We will not include your content in advertisements for the products and services of others (including sponsored content) to others without your separate consent. However, we have the right, without compensation to you or others, to serve ads near your content and information, and your comments on sponsored content may be visible as noted in the Privacy Policy. c. We will get your consent if we want to give others the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your settings and degree of connection with them. d. While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression. e. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it

available to others, including under the terms of a Creative Commons license. You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your privacy settings. By submitting suggestions or other feedback regarding our Services to i-Card, you agree that i-Card can use and share (but does not have to) such feedback for any purpose without compensation to you. You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. i-Card may be required by law to remove certain information or content in certain countries.

We may alter or discontinue any of our Services and cannot guarantee the storage of your account information.

3.2. Continuation of Service

We may alter or discontinue any part of our Services without any prior notice and these revisions can potentially be effective immediately upon notice. You are agreeing that we are in no obligation to store any or all information associated with your account except under applicable law as stated in our Privacy Policy.

The content given to i-Card by other Users is use at your own risk.

3.3. Other Content

Account information is not verified by i-Card. While using our Services, you may encounter information that is inaccurate or factious. It is your responsibility to evaluate all information you obtain from other Users before acting upon said information. i-Card is not responsible for the validity of any information given by Users and is not responsible for any damages that may be incurred by such information.

We have the right to limit or discontinue our Services to you.

3.4. Limits

i-Card reserves the right to limit or discontinue your account at any time if we believe that you are in violation of this User Agreement or using our Services for illegal activity.

4. Disclaimer and Limit of Liability

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services

4.1. No Warranty

TO THE EXTENT ALLOWED UNDER LAW, I-CARD (AND THOSE THAT I-CARD WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

These are the limits of legal liability we may have to you.

4.2. Exclusion of Liability

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS I-CARD HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), I-CARD (AND THOSE THAT I-CARD WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL THE LIABILITY OF I-CARD (AND THOSE THAT I-CARD WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND I-CARD AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF I-CARD HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

5. Termination

We can each discontinue this Agreement at any time. i-Card or You may terminate this Agreement at any time and without notice to the other party. Upon termination, you will lose right of access and usage to all Services. Situations outlined in sections 4, 6, in this Agreement will potentially survive termination.

6. Dispute Resolution

Should a dispute lead to legal action, it will take place in a Tennessee court and in accordance to Tennessee law. You agree that the laws of the State of Tennessee, U.S.A. excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or states courts of Hamilton County, Tennessee, USA, and we each agree to personal jurisdiction in those courts.

7. General Terms

Here are some important details about how to read the Agreement. If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. If we don't act to enforce a breach of this Agreement that does not mean that i-Card has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that I-Card may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement. We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services. You agree that the only way to provide us legal notice is at the addresses provided in Section 10.


8. i-Card "DOs" and "DONT's"

8.1. Dos. You agree that you will:


8.2. Dont's. You agree that you will not:

9. Complaints Regarding Content

We respect the intellectual property rights of others. We require that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. Any violation of this policy should be reported to i-Card immediately.


10. Complaints Regarding Content

Contacting i-Card
Contact Information
For additional information on this User Agreement, please contact us by:
Email:
info@i-card.me
Physical Address:
i-Card
424 Pembrook Lane
Chattanooga, TN 37421

© 2015 i-Card, All rights reserved, USA Patent Pending