You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and abide by all of its provisions. Your use of this web site is subject to your acceptance of this Agreement. If you do not accept the terms and conditions of this agreement, you may not enter this web site.
This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
2. DESCRIPTION, COMMUNICATION, AND ACCESS
CardObserver provides users with access to a collection of resources, including various communications tools, search services, personalised content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You understand and agree that the Service may include advertisements and that these advertisements are necessary for CardObserver to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of any new CardObserver service, shall be subject to this Agreement.
You also understand and agree that the Service may include certain communications from CardObserver, such as service announcements, administrative messages and notifications. You understand and agree that these communications are considered part of CardObserver membership and, with the exception of referral notifications, you will not be able to opt out of receiving them while you have a CardObserver account. CardObserver may, at its option, provide you with notices, either by email, regular mail, or postings on the Service. If you desire to withdraw your consent to receive any such communication, you must immediately discontinue your use of this Service and delete your CardObserver account.
You are solely responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are solely responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are solely responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent and warrant you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States, Australia or any other jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if CardObserver has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CardObserver has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
CardObserver is concerned about the safety and privacy of all its users, particularly children. When you create a CardObserver account and add your child to the account, you certify that you are at least 18 years old and that you are the parent or legal guardian of the child/children listed on the CardObserver account. By adding a child to your CardObserver account, you also give your child permission to access many of the Services. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the parent or legal guardian, it is your sole responsibility to determine whether any of the Services and/or Content (as defined below) are appropriate for your child.
You understand through your use of the Service you consent to the collection and use of personal information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by CardObserver and its advertisers and business affiliates.
5. YOUR ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are solely responsible for maintaining the confidentiality of your password and account, and are solely responsible for all activities that occur under your password or account. You agree to (i) immediately notify CardObserver of any unauthorised use of your password, account designation or any breach of security or this Agreement, and (ii) assume sole responsibility for ensuring that you exit from your account at the end of each session. In no event shall CardObserver be liable for any loss or damage arising from your failure to comply with this Agreement.
6. YOUR CONDUCT
You understand that all information, including without limitation, all data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not CardObserver, are solely responsible for all Content you upload, post, email, transmit or otherwise make available via the Service. Except otherwise specified in this Agreement, you do not receive any license, right or ownership right to any Content not created by you.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or illegal;
contribute to the harm or detriment of any minor;
impersonate any person or entity, including, but not limited to, a CardObserver employee or agent, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available or use any Content you do not have a right to make available under any law or under contractual or fiduciary relationships ( including, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available or use any Content that infringes any patent, trademark, trade secret, copyright or any other proprietary or intellectual property right ("Rights");
upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
upload, post, email, transmit or otherwise make available any material that contains any software virus, any other malicious data or computer code, file or program designed to interrupt, destroy, limit or otherwise interfere with the performance or functionality of any computer software, hardware, telecommunication equipment, or the property of any person;
interfere with or disrupt the Service, computer server or network connected to the Service, or disobey any requirement, procedure, policy or regulation of any network connected to the Service;
violate any applicable local, state, national or international law, including, but not limited to, U.S. export laws and regulations, any rule or regulation of the U.S. Securities and Exchange Commission, or any rule or regulation of any national or other securities exchange, including, without limitation, the European Union, New York Stock Exchange, the American Stock Exchange or the NASDAQ;
provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organisation(s) designated by the United States government as a foreign terrorist organisation pursuant to section 219 of the Immigration and Nationality Act or any other law;
"stalk" or otherwise harass another;
collect or store personal data about other users, and;
unless you enter into a separate agreement with CardObserver, use this Service to advertise, market or sell any product or service.
You acknowledge, consent and agree CardObserver may access, preserve, and disclose your account information and Content if required to do so by law or on good faith belief that any such access, preservation, or disclosure is reasonably necessary to: (i) comply with any legal process; (ii) enforce this Agreement; (iii) respond to any claim that any Content violates the right of any third party; (iv) respond to your requests for customer service; or (v) protect any right, property, or business interest of CardObserver, its advertisers, users or the public.
You understand the Service may include security components that permit digital materials to be protected, and use of these security components is subject to usage rules set by CardObserver and/or content providers to the Service. You may not attempt to override, disable, modify or circumvent any of the usage rules embedded in the Service.
Recognizing the global nature of the Internet, you agree to comply with all governmental and international laws, rules and regulations, including, but not limited to, any law regarding Internet conduct, privacy, or acceptable Content, and European Union Directives.
8. CONTENT SUBMITTED OR MADE AVAILABLE
CardObserver does not control the Content posted on the Service, guarantee the accuracy, integrity or quality of any Content, or endorse any Content. You agree and acknowledge that by using the Service, you may be exposed to Content that you believe is offensive, indecent or objectionable. Under no circumstances will CardObserver be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of your use of any Content made available via the Service.
You agree and acknowledge CardObserver does not pre-screen Content, but CardObserver has the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content on the Service. Without limiting the foregoing, CardObserver shall have the right to remove any Content that violates this Agreement or is otherwise, in CardObserver’ sole discretion, offensive, illegal or objectionable. You agree and acknowledge you are solely responsible for evaluating, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You further agree and acknowledge you should not rely on any Content created by CardObserver or submitted to CardObserver, including without limitation information in CardObserver Message Boards, and in all other parts of the Service.
CardObserver does not claim ownership of data you submit or make available for inclusion on the Service. For any Content you submit or make available on the Service, you hereby grant CardObserver an irrevocable, world-wide, royalty free, perpetual, and non-exclusive right and license(s), to use, display, modify, distribute, reproduce, adapt, publicly perform or publicly display any and all such Content as CardObserver deems fit.
You unconditionally represent, warrant, and covenant to indemnify, defend, and hold harmless CardObserver, and its subsidiaries, affiliates, officers, directors, employees, suppliers, agents, advertisers, and co-branders, from any lawsuit, claim, demand or judgment, including reasonable attorneys' fees, made by any third party as a result of or arising out of any Content you submit, post, transmit or make available through the Service, your use of the Service, your network connection to the Service, any violation by you of this Agreement, or any violation by you of any other party’s right.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any purpose, any of the Service, in whole or in part, (including your CardObserver I.D.), use of the Service, or access to the Service.
11. NO COMMERCIAL USE OF INFORMATION GATHERED FROM CardObserver
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that CardObserver may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on CardObserver's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that CardObserver has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that CardObserver reserves the right to delete any account that is inactive for an extended period of time. You further acknowledge that CardObserver reserves the right to modify general practices and limits from time to time without notice to you.
13. MODIFICATION OF SERVICE
CardObserver reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without notice. You agree that CardObserver shall not be liable to you for any modification, suspension or discontinuance of any Service or part thereof.
14. SUSPENSION AND TERMINATION
You agree and acknowledge CardObserver may, without notice, suspend or terminate your CardObserver account, any associated email address, and your access to the Service. Cause for any such suspension or termination shall include, but not be limited to, (i) any breach or violation of this Agreement, (ii) requests by law enforcement or other government agencies, (iii) a request by you (self-initiated account deletions), (iv) discontinuance or material modification to the Service (or any part thereof), (v) unexpected technical or security issues or problems, (vi) extended periods of inactivity, (vii) your engagement in any fraudulent or illegal activity, and/or (viii) nonpayment of any fees owed by you in connection with the Service. Suspension or termination of your CardObserver account includes (i) removal of access to all offerings within the Service, including but not limited to CardObserver directories, classifieds, mail, personals, marketplace, message boards, alerts and games, (ii) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (iii) discontinuance of your use of the Service. You agree any suspension or termination shall be made in CardObserver’ sole discretion and CardObserver shall not be liable to you or any third party for any suspension or termination of your account, any associated email address, or access to the Service.
15. DEALINGS WITH PARTNERS, AFFILIATES AND THIRD PARTIES
CardObserver makes no representations as to the quality, accuracy or completeness of work produced by any partner, affiliate or third party engaged through CardObserver. If there is a dispute between you and any partner, affiliate or third party, we are under no obligation to become involved. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and release, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or transactions of you with, or act or omission of you in relation to other partners, affiliates and third parties.
Your contact, correspondence or business dealings with any partner, affiliate or any third party found on or through the Service, including without limitation payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with any such dealing, are solely between you and the partner, affiliate or third party. You agree that CardObserver shall not be responsible or liable for any loss or damage of any sort resulting from or related to any such contact, correspondence, or business dealings. UNDER NO CIRCUMSTANCES WILL CardObserver OFFER A REFUND ON BEHALF OF A PARTNER, AFFILIATE OR THIRD PARTY.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CardObserver has no control over such sites and resources, you acknowledge and agree that CardObserver is not responsible for any such link, external site or resource, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such link, external site or resource. You further acknowledge and agree that CardObserver shall not be responsible or liable, directly or indirectly, for any damage, loss, or harm caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, or other materials available on or through any such link, external site or resource.
17. CardObserver’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by intellectual property rights and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary or intellectual rights and laws.
CardObserver grants you a personal, non-transferable, non-exclusive, revocable right and license to use the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form or to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface or Software that is provided by CardObserver for use in accessing the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE AND ACKNOWLEDGE YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CARDOBSERVER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
CARDOBSERVER DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION OR RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE, COMPLETE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED, OR (vi) ANY ADVICE, INFORMATION, SERVICE OR GOOD ADVERTISED IN, OFFERED BY OR RECEIVED FROM THE SERVICE OR ANY LINK PROVIDED BY THE SERVICE IS COMPLETE, ACCURATE, RELIABLE OR ERROR-FREE.
ANY MATERIAL DOWNLOADED, OTHERWISE OBTAINED OR USED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OR HARM RELATING TO OR RESULTING FROM YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY HARM, DAMAGE, LOSS OR INJURY TO YOUR COMPUTER SYSTEM, NETWORK, OR OTHER PROPERTY, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICE.
19. LIMITATION OF LIABILITY
YOU UNCONDITIONALLY AGREE AND ACKNOWLEDGE THAT IN NO EVENT SHALL CARDOBSERVER BE LIABLE FOR ANY DIRECT LOSS, DAMAGE OR INJURY WHETHER THE LOSS, DAMAGE OR INJURY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY LAW, OR OTHER THEORY, EVEN IF CARDOBSERVER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS, DAMAGE OR INJURY, INCLUDING WITHOUT LIMITATION, ANY LOSS, DAMAGE OR INJURY RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON THE SERVICE OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSION OF DAMAGES
IN NO EVENT SHALL CARDOBSERVER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, WHETHER THE ALLEGED DAMAGE IS BASED ON CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY LAW, INCLUDING, WITHOUT LIMITATION, (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON THE SERVICE OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE EVEN IF CARDOBSERVER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS, DAMAGE OR INJURY.
IN NO EVENT SHALL CARDOBSERVER’S AGGREGATE LIABILITY FOR ANY CLAIM OR DAMAGE OF ANY NATURE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO CARDOBSERVER FOR THE SERVICE GIVING RISE TO THE CLAIM FOR THE ONE (1) YEAR PERIOD OF TIME IMMEDIATELY PRECEDING THE DATE CARDOBSERVER IS GIVEN WRITTEN NOTICE OF ANY CLAIM.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
22. SERVICES RELATING TO FINANCIAL MATTERS
No Content included in the Service is intended for any type of stock, bond or securities trading or any other financial or investment purposes. CARDOBSERVER shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information. Any advice contained in any Service regarding tax matters was not intended or written to be used, and it cannot be used by any taxpayer, for the purpose of avoiding penalties that may be imposed on the taxpayer.
23. NO THIRD PARTY BENEFICIARIES
You agree you shall not have any third party beneficiary to this Agreement.
CARDOBSERVER, CARDOBSERVER LOGO, CARDOBSERVER.COM and all other design marks and slogans are trademarks, service marks, or intellectual property of CardObserver ("CardObserver Marks"). All other product and service marks contained in the Service are the trademark, service mark or intellectual property of their respective owner. You may not use any CardObserver Mark or any third party trademark, service mark or intellectual property without the prior written consent of CardObserver or the applicable owner.
25. INTELLECTUAL PROPERTY INFRINGEMENT
CardObserver respects the intellectual property of others, and we require our users to do the same. CardObserver may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of any user that infringes or threatens to infringe upon any intellectual property right. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please email CardObserver' Copyright Agent at firstname.lastname@example.org for an address to send a signed hardcopy letter with the following information: (i) your name, address, telephone number, and email address; (ii) a description of the copyrighted work or other intellectual property you claim has been infringed; (iii) a description of the material you claim is infringing, including its location on the Service; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (v) a statement that the information in your letter is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
26. ABOUT THIS AGREEMENT
This Agreement is the complete and exclusive agreement between CardObserver and you regarding this subject matter and supersedes all prior agreements and all communications, whether written or oral, between the parties. This Agreement may be amended, changed, or revised by CardObserver without notice. Any such amendment, change or revision will be posted on this web site by CardObserver. You agree to monitor this web site for any amendment, change or revision, and to be bound by any such amendment, change or revision.You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of CardObserver. A waiver of any violation or failure to enforce any provision of this Agreement by CardObserver shall not constitute a waiver of any rights with respect to this Agreement.
The validity, construction, interpretation, and performance of this Agreement shall be governed and construed by the laws of the Commonwealth of Australia, exclusive of its rules regarding conflicts of law. Any suit or cause of action with respect to this Agreement may only be brought in the Commonwealth of Australia. The United Nations Convention for the Sale of Goods shall not apply to this Agreement. English shall be the governing language of this Agreement.
All terms and conditions of this Agreement are severable. If any term or provision, or any portion thereof, of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions shall not be affected.
Section headings are intended for convenience only and shall not be used in the interpretation of this Agreement.
You agree any claim or cause of action you may have arising out of this Agreement or related to use of the Service must be filed within one (1) year after the date of the damage, loss or injury giving rise to any such claim or cause of action or your claim or cause of action will be forever barred.
In no event shall CardObserver be liable to you or any other party for any damage, loss, or injury beyond the reasonable control of CardObserver, including, without limitation, any strike, stoppage in labor, riot, fire, flood, ice, invasion, civil war, insurrection, blockades, embargoes, sabotage, epidemics, explosions, military or usurped power, order of any court granted in any bona fide adverse legal proceeding or action, or order of any civil or military authority, including orders of governmental and administrative agencies which conflict with the terms of this Agreement, or acts of God or public enemies.
Sections 6 through 25 and all other provisions which by their nature may reasonably be interpreted to survive the expiration or termination of this Agreement shall survive any expiration or termination of this Agreement.
Please report any violation of this Agreement to our Customer Care group by writing to email@example.com.
Pricing Terms and Conditions
CardObserver accepts credit cards and will automatically charge your credit card. If any fee is not paid in a timely manner, or CardObserver is unable to process your transaction using the credit card information provided, CardObserver reserves the right to revoke any and all services provided and cancel your account. If your account is canceled by CardObserver due to non-payment, additional fees may be required to reinstate your account including; collection charges, late fees, and/or other additional service-related fees necessary to reestablish your account.
Information About CardObserver and Affiliate Visitors
CardObserver and its affiliates collect information about all of our users; such as what area users visit most frequently and what services and features users access the most. This data is only used to benefit the user. From this data we can determine what is most beneficial to the user and how we can better the user experience. We may share this data with our partners, but only so they too can understand our users.
Information About You
CardObserver collects and stores the personal information provided by you to properly identify you as a user on this web site. The personal information collected from this web site is used for a variety of purposes including identification, registration, authentication, on-line transactions, and marketing. In some instances we may ask for information including but not limited to: your name, address, e-mail address, telephone number. This information may be provided to partners, affiliates and third parties where necessary to provide a service you have requested, for example, when connecting with a designer.
Information About Others
Information that personally identifies others may be provided to you in your use of CardObserver. This information is provided solely for the provision of services to that person AND IS UNDER NO CIRCUMSTANCES TO BE SHARED, SOLD OR OTHERWISE DISCLOSED TO THIRD PARTIES without prior consent. You must not use their personal information for any other purpose, including for marketing purposes.
General Information Disclosure
If you decide to order a product or service from this web site, certain personal information will be needed to process and fill your order. CardObserver and/or its advertisers and business affiliates will need your name, mailing address, e-mail address, shipping address, telephone number, and your credit card number to process your order. We use the services of outside companies, such as shipping companies, credit card processing companies, and event registration, to process and fulfil orders. We provide these companies with the information that they need to perform the service and they are not permitted to use personal information for other purposes. We may share all information collected on this web site, including personal information, with our advertisers and business affiliates.
If you are browsing this web site, reading or downloading information, we automatically collect information about your visit. The information we collect may include the Internet domain, IP address, browser, and operating system of the computer you are using to access this web site, the date and time you logged on, the pages you visited, and if you linked to or from another web site. This information is anonymous and does not identify you personally. We use this information to analyse trends, statistics, determine user movement and identify heavily used web pages, and to help us provide a better web site and better service. We may also share aggregated information about our users with our advertisers and business affiliates. The information that we share does not contain personal information that can identify an individual.
CardObserver has an area on the site where you can submit feedback. Any feedback that is submitted through this area becomes property of CardObserver. We may use this feedback for marketing purposes or to contact you for further feedback.
This web site does not contain content, products or services that are marketed to children. We are committed to observing applicable laws and requirements regarding child privacy such as the Children's Online Privacy Protection Act. We do not specifically collect information about children. We believe that children should get their parent's consent prior to giving personal information. If you are concerned about your child's use of CardObserver, we encourage you to use web filtering technology to supervise your child's access to the site. We also encourage you to participate in your child's experience with CardObserver.
This is the complete and exclusive agreement between CardObserver and you regarding this subject matter and supersedes all prior agreements and all communications, whether written or oral, between the parties. This agreement may be amended, changed, or revised by CardObserver. Any such amendment, change or revision will be posted on this web site by CardObserver. A waiver of any violation or failure to enforce any provision of this agreement by CardObserver shall not constitute a waiver of any rights with respect to this agreement. The validity, construction, interpretation, and performance of this agreement shall be governed and construed by the laws of the Commonwealth of Australia, exclusive of its rules regarding conflicts of law. Any suit or cause of action with respect to this Agreement may only be brought in the Commonwealth of Australia. English shall be the governing language of this agreement. All terms and conditions of this agreement are severable. If any term or provision, or any portion thereof, of this agreement is held to be invalid, illegal or unenforceable, the remaining portions shall not be affected. Section headings are intended for convenience only and shall not be used in the interpretation of this agreement. You agree any claim or cause of action you may have arising out of this agreement or related to any CardObserver service must be filed within one (1) year after the date of the damage, loss or injury giving rise to any such claim or cause of action or you will be forever barred. All other provisions of this agreement which by their nature may reasonably be interpreted to survive the expiration or termination of this agreement, shall survive any expiration or termination of this agreement.
Last revised October 29th 2014