Terms of Service Agreement
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES
This is the official Terms of Service Agreement ("Agreement") for re-cards.com and ReCards ("Service," "we," "us," or "our"), Internet websites owned and operated by RESOFT SOLUTIONS DOO This Agreement governs only the content, features, and activities related to this Service.
These terms and conditions regarding your use of the Service constitute a legally binding agreement between you and the Service and RESOFT SOLUTIONS DOO In this Agreement, the term "Service" includes all websites, web pages, as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Service. By using this Service, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services.
The words "use" and/or "using" in this Agreement mean any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Service, transmit, receive or exchange data or communicate with the Service, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Service, for any purpose whatsoever. This is the entire and exclusive Agreement between you and us regarding use of the Service and it cannot be modified, except as specifically described below in Section 2.
The use of this Site constitutes acknowledgement that you understand and agree to abide by the terms of this Agreement including any additional terms that govern certain products and services, which will be presented in conjunction with those products and services ("Additional Terms"), including the ReCards Privacy Policy Agreement governing your personal information and the ReCard Purchasing Agreement governing purchases and the use of purchases that originate from the Site.
We may require each user to have a unique user name and password combination in order to access and use certain features or functions of the Service. Please read our Privacy Policy, which describes the personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password, and enter your email for us to contact about account changes and other information relating to our service and our partners. Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.
PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SERVICE WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Service for which you will be legally responsible.
Your use of the Service is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Service, or knowingly condone use of this Service by others, in any manner that is, attempts to, or is likely to:
ReCards reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Service. Unless you have received specific written permission from ReCards, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Service; (b) alter or modify any content on the Service; or (c) deep link or gain unauthorized access to any portion of the Service. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Service for any commercial purpose.
If you are registered to use the Service, your account will remain active. If you wish to discontinue use of the Service, you should no longer log into your account.
SERVICE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Service. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Service, including, without limitation, Postings and Materials associated with your use of the Service.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SERVICE, RECARDS, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY RECARDS ITS PARENT COMPANIES OR ANY OF THEIR AFFILIATES OR AGENTS SHALL BE, AT RECARDS OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON RECARDS; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO MITGAMES. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU ASSUME ALL RISKS THAT THE SERVICE, CONTENT, USER MATERIALS, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.
You agree to indemnify, defend and hold the Service, ReCards, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.
We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Service.
This Service is controlled and operated by ReCards from its offices within Serbia. ReCards makes no representation that the Service, Applications, or related information offered by ReCards are appropriate or available in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Agreement, together with any Additional Terms, Rules, our Privacy Policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Service and supersedes any and all prior or inconsistent understandings relating to the Service and your use of the Service. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
This Service is offered and made available only to users meeting the minimal legal age to provide their own consent (e.g., at least 13 years of age in the US and at least 13 to 16 years of age in the EU, depending on the country). If you do not meet the minimal legal age, please discontinue using the Service immediately, or if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Service immediately. By using or attempting to use the Service, you certify that you are at least the minimum age and meet any other eligibility requirements of the Service. If you are found to be under the minimum age, your account may be terminated without notice, but it may be reinstated when you exceed the age by having your parents send us proof of your birthdate via our Contact page.