This policy is effective September 1, 2012.
The usage of Kahrds.com and (its mobile versions?) is designed for users of all ages. If you are under the age of 13, you must use an account created by a parent, guardian or teacher, and you must have the explicit permission of a parent or guardian to use the Service. By signing up for an account, you warrant that all information required to register is accurate and truthful and that you will maintain the accuracy of that information. Membership and access to the Service is void where prohibited.
This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your account and end your membership at any time, for any reason by following the instructions on the My Account page. Kahrds may terminate your membership for any reason, at any time. Even after termination, your obligations under this Agreement will remain in effect. You understand that termination of this Agreement and your account may involve deletion of your Kahrds information from our live databases as well as any Member Content that you have uploaded to the Service or created on the Service using your account. You agree that Kahrds will not have liability whatsoever to you for any termination of your account or related deletion of your information or Member Content.
You acknowledge that Kahrds reserves the right to charge for the upgraded account and to change our subscription fees as designated, from time to time in its discretion, upon posting such policy on the Service. Our billing will be done by Paypal. We will not receive any of your personal information regarding your credit card number, billing address etc. You will not have to create a Paypal account to pay for your Kahrd's upgraded account. You will be able to pay for your upgraded Kahrds account on www.kahrds.com which will be linked directly to www.paypal.com. Please check terms and policy regarding billing and how it works at www.paypal.com. You will be able to use any of the credit cards accepted by Paypal to pay for your upgraded Kahrds account.
Kahrds does not accept cash, checks or any other payment form, although it reserves the right to change this policy in the future. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Kahrds (via Paypal) invoices the credit card for all amounts due and payable. By providing Paypal with your credit card number and associated payment information, you agree that Paypal is authorized to immediately invoice your account for all fees and charges due and payable to Kahrds as a result of your subscription to an upgraded version of a Kahrds account. You agree to immediately notify Paypal (via Kahrds) of any change in the credit card used for payment hereunder or in any associated information. Kahrds reserves the right, at any time, to change its prices and billing methods for an upgraded Kahrds account services, either immediately upon posting on the Service or by e-mail delivery to you.
You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Such notification shall be sent to the following address: email@example.com
When you sign up to become a Member, you will be asked to choose a password. It is your responsibility to maintain the confidentiality of your password, account and data. You agree not to use the account, email address or password of any other Member at any time. You are solely responsible for all activity by anyone using your account and/or password. If you suspect unauthorized use of your account or your password, please contact us at firstname.lastname@example.org
You understand that the Service is available for your personal, non-commercial use only. You agree that no Member Content of any kind submitted by your or through your account will violate or infringe upon the safety or rights of any other members or third party, including but not limited to copyright, trademark, privacy or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful or illegal material. You are solely responsible for all content of your entire Kahrds account and any harm resulting from that content.
You further agree not to scrape, harvest or collect email addresses or other contact information of Members from the Service by electronic or other means for any commercial purpose, for sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or for any purpose. You further agree that you may not use Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair Service. In addition, you agree not to use the Service to:
All content on the Service, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content") and all associated patent, trademark, service mark, trade dress, trade secret, copyright, and other intellectual property rights, are the property of Kahrds or its licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Kahrds's prior written permission under a separate agreement. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate any of the Content in any other database or compilation. Any other use of the Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Service are the sole property of Kahrds or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Kahrds under a separate agreement.
All users are asked to create sets with content directly related to the subject matter which is meant to be studied. You are entirely responsible for ALL content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members through the Service (collectively the "Member Content"). You understand and agree that Kahrds may, but is not obligated to, review and delete or remove any Member Content that in the sole judgment of Kahrds violates this Agreement or for any other reason. VIP-Learning reserves the right to investigate and or take appropriate legal action against any Kahrds's users which violate this provision.
By posting Member Content to any part of the Service, you hereby grant, and you represent and warrant that you have the right to grant, to Kahrds an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, modify, publish, reformat, translate, excerpt (in whole or in part) and distribute such Member Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses to do the foregoing.
Public sets are created by Kahrds's users. They are not reviewed by Kahrds or anybody else other than the creator of the sets themselves. Kahrds is therefore not responsible for the content of the sets. We can not guarantee that these sets are accurate and will not harm you or your computer system, so it is your responsibility while choosing to access a public set to take the necessary precautions.
We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any Content or any material on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):
(i) A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
(iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Service;
(iv) Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
(v) A statement that the owner or agent has 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; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is: email@example.com
The Service contains links to other web sites or advertisements. Kahrds is not responsible for the content, accuracy or opinions expressed in such web sites or advertisements, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on the Service does not imply approval or endorsement of the linked web site by Kahrds. If you decide to access these third-party web sites, you do so at your own risk.
You are solely responsible for your interactions with other Kahrds Members. Kahrds reserves the right, but has no obligation, to monitor disputes between you and other Members.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL KAHRDS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR PROFITS, ARISING FROM YOUR PURCHASE AND USE OF BOOKS OR PRODUCTS OR YOUR USE OF THE SERVICE, EVEN IF KAHRDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KAHRDS'S LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO KAHRDS FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
You agree to indemnify and hold Kahrds, affiliates, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement or your violation of any law or the rights of a third party.
The first 10 Kahrds sets are free of charge. Once the limit of free Kahrds sets is reached, every user can upgrade their account to have an unlimited number of Kahrds sets.