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terms of use

Terms of Use Last Modified June 1, 2018

Welcome to CardSnatch!

Please read the following Terms of Use carefully. Your use of CardSnatch means you have accepted this agreement. CardSnatch is provided by Tomson Scrap Metal. Under these Terms of Use ("Terms"), the term "TSM" or "we" means Tomson Scrap Metal, a private company established and existing under the laws of the United States of America.These Terms set forth the terms and conditions that apply to your use of the mobile app CardSnatch, related websites and 3rd party applications that access our services (collectively, our “Services“). By using the Services, you are entering into a binding agreement with TSM and you agree to comply with all of the Terms set forth herein. The right to use the Services and these Terms are personal to you, and are not transferable by you to any other person or entity.WHEN YOU ACCEPT THE TERMS DURING THE ACCOUNT CREATION PROCESS, OR IF YOU OTHERWISE ACCESS OR USE THE SERVICES, YOU AGREE TO AND ARE BOUND BY THESE TERMS. TSM IS WILLING TO GRANT YOU ACCESS TO THE SERVICES ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE OR SERVICES IN ANY WAY.TSM may update these Terms at any time, without notification to you, and you should review these Terms of Use from time to time by accessing the Services. Your continued use of the Services shall be deemed as an irrevocable acceptance of any such revisions. The right to use the Services and these Terms are personal to you, and are not transferable by you to any other person or entity.Advertisement You agree that we reserve the right to post commercial and non-commercial advertisements and/or promotions in CardSnatch. The manner, mode and extent of such advertising/promotions are subject to change without specific notice to you. Copyrights, Trademarks, and PatentsThe materials found on the Services are protected by United States and other copyright laws. The selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of the Services are Copyright© Tomson Scrap Metal, All Rights Reserved. Permission is granted to view and print materials from the Services for the non-commercial purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on the Services, whether in electronic or hard copy form, without the express prior written permission of TSM, is strictly prohibited.“CardSnatch” and other trademarks and/or service marks (including logos and designs) found on the Services are trademarks/service marks that identify CardSnatch and TSM and the goods and services that it provides. Such marks may not be used under any circumstances without the prior written authorization of TSM. Portions, features, and/or functionality of the products of TSM or its affiliates, suppliers, or partners are, or may be, protected by United States and/or foreign patents, as well as patents pending.No person is authorized to use, copy, or distribute any portion of the website including related graphics.Your Content in Our Services You confirm that you retain copyright and other rights of the contents you submit to our Services.  You should take responsibility for the contents you transmit, upload, post or distribute through CardSnatch either publicly or privately ("contents", including but not limited to business card information, email, message, file, work, software, music, recording, picture, graph, video, data, registered information and other information) . Make sure you have the necessary authorization for submitting such contents. In terms of the information publicized, you agree to give TSM a perpetual worldwide, royalty-free and non-exclusive license to use, duplicate, adapt, modify, create derivative works, translate, disseminate and sublicense such contents. You also agree to grant TSM the right to seek legal remedies, in the name of itself, against those who infringe the copyright of above information and get all the indemnifications. Make sure you have the necessary authorization for granting us such license. To increase the accuracy of the uploaded information, TSM may check the information you submit as per your prior application and consent. You should double-check the above information to ensure its accuracy. While we take great care to protect the information and data you provide on CardSnatch, we are free from any and all liabilities associated with any data breech or misuse of the information you provided on CardSnatch. If you do not agree with this stop using CardSnatch immediately.Links to Third-Party WebsitesThe Services may provide hyperlinks to third-party Websites and mobile apps as a convenience to users of the Services (each, a “Third-Party Site”). TSM does not control Third-Party Sites, and is not responsible for the contents or activities of any Third Party Sites or any hyperlinks contained therein. TSM does not endorse, recommend, or approve any Third-Party Site, and will have no liability to any person or entity for the content or use of the content available through such hyperlink.Children’s Issues.The Services is not directed for use by children who have not reached the “Minimum Age” (as defined below) without adult supervision. Children under such age must not use the Website or services offered on it without adult supervision, and are not permitted to become members of the Services or to otherwise submit any personally identifiable information. We do not knowingly collect personal information from children under the applicable Minimum Age. If you are under the applicable Minimum Age for your jurisdiction, do not use or provide any information on this Services or on or through any of its features, register on the Services, make any purchases through the Services, use any of the interactive or public comment features of the Services or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under the applicable Minimum Age without verification of parental consent, we will delete that information.“Minimum Age” means (a) 18 years old for the People’s Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if law requires that you must be older in order for LaunchVector to lawfully make the Services available to you (including the collection, storage and use of your information) then the Minimum Age is such older age. In all cases the Services are not for use by anyone under the age of 13.Use of the ServicesThe Services include a platform designed to facilitate the exchange of contact information and other interactions between individuals socially, consumers and professionals working across a variety of industries. Our Services allow sharing of information in many ways.PLEASE NOTE THAT THE SERVICE IS INTENDED TO BE USED TO FACILITATE INTERACTIONS DIRECTLY BETWEEN USERS. TSM CANNOT AND DOES NOT CONTROL THE LEGALITY OR SUITABILITY OF ANY SUCH INTERACTION, OR ANY TRANSACTIONS OR RELATIONSHIPS RESULTING THEREFROM. TSM IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO, ANY AND ALL INTERACTIONS OR TRANSACTIONS MADE OR FACILITATED HEREUNDER. ACCORDINGLY, ANY SUCH INTERACTIONS OR TRANSACTIONS WILL BE MADE AT THE USER’S OWN RISK. BY USING THE SERVICES, YOU MAY ENCOUNTER CONTENT OR INFORMATION THAT MIGHT BE INACCURATE, INCOMPLETE, DELAYED, MISLEADING, ILLEGAL, OFFENSIVE, OR OTHERWISE HARMFUL. TSM GENERALLY DOES NOT REVIEW CONTENT PROVIDED BY ITS USERS. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THIRD PARTIES’ (INCLUDING OTHER USERS’) CONTENT OR INFORMATION OR FOR ANY DAMAGES AS RESULT OF YOUR USE OF OR RELIANCE ON IT.By using CardSnatch you agree to use the information and data from other users for your own use. You can not use other users’ information and data for nefarious actions, sell others’ information, etc. If you are found to have done so, you will be permanently banned from CardSnatch and assume all legal liabilities brought against TSM due to your activity. If a user is found guilty in court of using another users’ information and or data nefariously, the guilty party is responsible for all legal costs for the maliced party and TSM.To use the Services, you agree that: (a) you must be the “Minimum Age” (defined above) or older; (b) You won’t use the Services to falsify your own identity or impersonate anyone else.  If you purchase any of our paid services, you agree that information required for us to bill you will be entered accurately and completely; and (c) you are not already restricted by TSM from using the Services. You represent and warrant to TSM that you have used and will use the Services in a manner consistent with any and all applicable laws and regulations, including without limitations those related to data privacy and security. TSM does not render legal, tax, HR, wealth management, brokerage, or other professional advice or services. TSM may change, suspend or end the Services or any services provided thereunder, or change and modify prices prospectively in its sole discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.As a user of the Services, you may be required to submit certain information, including your name, address, e-mail address, telephone number, and other information. TSM is not responsible for any information, material, or ideas submitted on the Services. More specifically, TSM does not represent or guarantee the truthfulness, accuracy, or reliability of any content or other communications posted by users, nor does it endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk, and that you will also remain solely responsible for any inaccurate or incomplete information that you provide on the Services. CardSnatch is an information distribution service. You authorize us to provide services to you that store and distribute your information in order to provide you with the functions the Services enable.To the extent you are accessing any portion of the Services requiring a login ID or a password, you are responsible for all use of the Services made using your login ID and password, whether or not the use is made by you or someone else using that information. You are responsible for protecting and securing your login ID and password from unauthorized use, and you agree to indemnify TSM, its affiliates, and their respective members, managers, directors, officers, and agents against all loss or damage arising from such unauthorized use. If you believe there has been a breach of security of your login ID or password, you agree to notify us immediately at [email protected] of the Services are prohibited from posting or transmitting any material that: (a) is in violation of any applicable law or regulation; (b) infringes upon the copyright, trademark, trade secret, or other intellectual property rights of others; (c) violates the privacy, publicity, or other personal rights of others, (d) is defamatory, obscene, threatening, abusive or hateful; (e) contains any viruses, corrupted files, or similar software; (f) falsifies or deletes any author attributions or other similar notices or proprietary designations; or (g) otherwise violates any applicable code of conduct or other guideline that is applicable to such material.Users are also prohibited from violating or attempting to violate the security of the Services. More specifically, you are prohibited from doing any of the following: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measure; (iii) attempting to interfere with the Services, including submitting a virus, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (iv) forging any TCP/IP packet header or any part of the header information in any message or posting. Violations of any applicable law or regulation, or our system or network security may result in civil or criminal liabilities. TSM reserves the right to investigate such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.Although under no obligation to do so, TSM reserves the right to review and remove any content that, in its sole judgment, violates these Terms, violates applicable laws, rules, or regulations, or that is otherwise abusive, disruptive, offensive, harmful, or illegal. TSM reserves the right to expel users and members of the Services and to prevent their further access to the Services if they violate our Terms or Privacy Policy. Further, we reserve the right to take any action that we deem appropriate with respect to user content in order to prevent potential liability, damage to our brand or public image, or damage to our relationship with our vendors or suppliers.When you submit postings, comments, or other content to the Services, you grant us a limited, non-exclusive, royalty-free, transferable right and license to copy, use, distribute, reproduce, modify, display, perform, create derivative works from, store and otherwise use such content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant.  By submitting suggestions or other feedback regarding the Services, you agree that we can use and share (but do not have to) such feedback for any purpose without compensation.If you purchase any of our paid services available on or through the Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription or access to the Services. Also: (a) your purchase may be subject to foreign exchange fees or differences in prices based on location; (b) to avoid interruptions in your service and to facilitate easier payment, you authorize us to store and continue billing your payment method, even after it has expired; (c) you must pay us for applicable fees and taxes unless you cancel the applicable paid service, in which case you agree to still pay these fees through the end of the applicable subscription period; and (d) taxes are calculated based on the billing information that you provide us at the time of purchase.You agree to not use the services while operating any motorized vehicle or equipment. You are responsible for any and all liabilities due to your use of the services provided by TSM. No Representations or Warranties; Limitations on LiabilityThe information and materials on the Services could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained therein. TSM AND/OR ITS SUPPLIERS, AGENTS, PRINCIPALS, OR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE SERVICES, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL TSM, ITS AFFILIATES, OR THEIR RESPECTIVE SUPPLIERS, AGENTS, OR PRINCIPALS BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE SERVICES. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY OR NETWORK BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM, OR OTHER CAUSES BEYOND TSM OR ITS AFFILIATES, AGENTS, OR REPRESENTATIVES’ CONTROL.If you are a California resident, you waive, to the extent applicable, California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”IndemnificationYou agree to indemnify, defend and hold harmless TSM, its affiliates, and their respective officers, managers, directors, members, employees, and agents, and their respective successors and assigns, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Services, your violation of any of these Terms, or any misrepresentation of any representation or warranty made by you under these Terms.Governing Law and Dispute ResolutionThese Terms constitute a contract made under, and shall be governed by and construed in accordance with, the laws of the State of Pennsylvania. Any dispute related to these Terms or the Services will be submitted to binding arbitration in Pittsburgh, Pennsylvania, pursuant to the Commercial Arbitration Rules of the American Arbitration Association; provided, however, that either party may seek preliminary injunctive or other equitable relief pending arbitration to prevent irreparable harm. Any dispute you may have with respect to the Services or these Terms must be commenced by you within one year after it arises.Changes to These Terms of UseWe may update our Terms as our policies and procedures change from time to time. Without limiting the foregoing, TSM reserves the right to change the Terms or Privacy Policy under which the Services are offered at any time. We encourage you to periodically review this page to become aware of any changes.  When you log-in or otherwise continue to use the Services, you will be using the Services subject to these Terms of Use (as updated). To the extent that any modification to these Terms of Use is deemed invalid or ineffective, for any reason, the terms and conditions of these Terms of Use as in effect immediately prior to such modification shall remain in effect and shall be controlling.Discontinuation, Suspension and Termination You can stop using our Services at any time, although we will be sorry to see you leave. If you want to cancel your account, please contact us at [email protected] with the registered email address. We will terminate your service account after verifying relevant information in accordance with our rules. We are constantly changing and improving our services. We highly recommend you to update in time. However, you can choose whether to accept the update or not. If you choose not to update, we do not guarantee to provide you with latest updated services, the likely loss therefrom shall be borne by yourself. We reserve the right to modify, discontinue, suspend or terminate our service at any time. Before any action is adopted, we will normally try our best to give you reasonable notice in advance. You agree that we may, without prior notice, immediately terminate, limit your access to or suspend your service account, or access to CardSnatch in event of any of the following: (1) personal information you provide is inaccurate, fake or illegal; (2) breaching or violation of this agreement; (3) no sufficient payment is paid to us; (4) requirement according to law or related government department; (5) Other situation as we deem necessary. If your account is not used in nine months consistently, we reserve the right to terminate your service account, in order to avoid any waste of resources. The losses (including but not limited to loss of information, etc) therefrom should be borne by yourself. The account may be canceled if user terminates using any of our services. We reserve the right to delete all the information of your account completely, and shall no longer undertake any obligation to you. Entire AgreementThese Terms, including the documents referenced by and incorporated into this document, constitute the entire agreement between you and TSM, and such Terms govern your use of our Services, superseding all prior or contemporaneous agreements, understandings, or representations. Nothing herein expressed or implied is intended or shall be construed to confer upon or give to any person or entity, other than the parties to these Terms, any rights or remedies under or by reason of these Terms.Severability of Agreement If any term or clause herein is not enforceable or defined by law court or arbitration to be invalid, the rest of the terms remain effective. Conclusion of Agreement Your use or registration with CardSnatch means to us that you have read and accepted our terms. If you do not agree to this agreement, stop immediately and do NOT use our software or services. We normally will post notice concerning modifications or changes of the services or other important matters on our website, or via e-mail or by other reasonable means. It shall be deemed as you have been properly served as soon as you receive the email or the notice or announcement has been on the website for 30 days. We welcome your feedback about the CardSnatch Services. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such contents at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we need or feel appropriate. Contact InformationQuestions or comments regarding the Services or these Terms should be sent by e-mail to [email protected]