Terms of Service

ekarda Ltd Trading as ekarda (“ekarda” “we” or “us”) provides certain services (described below) on or through our website, www.ekarda.com, (together with any related websites operated by ekarda, the “Site”). By using our Site, you agree to the following terms and conditions (the “Terms of Service”). These Terms of Service comprise the entire agreement between you and ekarda and supersede all prior agreements between the parties regarding the subject matter contained herein. In addition, when using particular services on or through the Site, you shall be subject to any posted policies and guidelines applicable to such services, including any terms or conditions applicable to services provided in conjunction with any of our content and service partners. All such rules and guidelines are hereby incorporated by reference into these Terms of Service. If you do not understand or agree with these Terms of Service, please do not use the Site or the ekarda Service (as defined below) and do not register to be a member of the Site. If you have any questions or concerns regarding these Terms of Service, please let us know by emailing us at help@ekarda.com. BY COMPLETING THE REGISTRATION PROCESS OR USING ANY OF PART OF THE ekarda SERVICE (located at ekarda.com), YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use ekarda as long as you adhere to these Terms of Service.

Overview

The Site offers a service that allows you to create and send Business eCards to your contacts. These Terms of Service apply to the ekarda Service. All content and services made available through the Site that were not made available as of the “Last Revised” date above, shall automatically be deemed to be part of the ekarda Service when first made available through the Site.

Eligibility

ekarda is for use by Business users ONLY. The service is NOT available for personal use. Only one trial user per company is allowed. Use of the ekarda Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service. You must be an individual of 18 years of age or older to register or use the Site. Accounts, eCard Credits and Senders are NOT TRANSFERRABLE under any circumstances. You may not purchase eCard Credits and resell them.

Registration

You are required to register with ekarda if you wish to use the Service. In order to register with ekarda you must supply a valid email address, which will be used as a unique identifier for your account, and your name, company, and a password. You are solely responsible for maintaining the confidentiality of your password and account, and agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the ekarda Service, to any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security related to your account or the ekarda Service, and to ensure that you “Logout”/exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. In consideration for using the ekarda Service, you agree to: (1) provide certain current, complete, and accu rate information about you when prompted to do so by the ekarda Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration is inaccurate, ekarda reserves the right to terminate your account immediately and your right to use the ekarda Service.You are also solely responsible for any and all activities that occur under your account. You may also be asked to provide certain optional information and/or other requested information.

eCard Credits

In order to send ekarda using this service, you need to purchase eCard Credits (trial users receive 10 free eCard Credits on sign-up). eCard Credit pricing is detailed here: www.ekarda.com/pricing. eCard Credits expire 9 months after the date of purchase.

eCard Senders

www.ekarda.com/pricing. eCard Sender accounts do not expire.

Refunds

If you are not satisfied with the Service, contact ekarda within 7 days of purchasing your eCard Credits for a refund of your unused eCard Credits.

License to Use and Access the ekarda Service

ekarda grants you a limited license to access and make use of this Site and the ekarda Service and not to download (other than page caching) or modify it, or any portion of it, except with ekarda’s express written consent. The foregoing license does not include any resale of this Site, the ekarda Service or its contents; any derivative use of this Site, the ekarda Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Site, the ekarda Service or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without ekarda’s express written consent. Use of the ekarda Service that constitutes abuse shall be determined by ekarda, in its sole discretion. ekarda reserves the right to terminate your account if ekarda determines you have not complied with these Terms of Service.

Maximum opens per Card

eCards sent via the ekarda service are intended for use by one (1) recipient per card. ekarda users are not permitted to forward individual eCards to multiple users. ekarda may collect the IP address of different people viewing cards in order to ensure that cards are used according to these terms. ekarda reserves the right to terminate the account and delete any cards sent by users in this fashion without refund.

Restriction on Use of Content

You acknowledge that the ekarda Service may contain information, software, photos, video, text, graphics or other material (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The entire Content, taken together, is protected under copyright laws as a collective work, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. Modification of the Content or use of the Content for any other purpose, including use of any such Content on any other web site or networked computer environment is strictly prohibited. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Site or the ekarda Service, including the Content. The trade names owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the ekarda Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

Materials Submitted Through the ekarda Service

You are solely responsible for any data, text, images, photographs, graphics, video, messages, files, links or any other materials (“Materials”) that are transmitted, posted, or distributed by you through the ekarda Service, including, but not limited to, the contents of your email communications, information, photos or images supplied to ekarda or related materials. All Materials posted/supplied by you, are your sole responsibility. By posting Materials you represent and warrant that you own all right, title and interest to such Materials and any likenesses contained in such Materials. ekarda does not control the Materials supplied by yourself via the ekarda Service and, as such, does not guarantee the accuracy, integrity or quality of such Materials.

Community Standards and Conduct

You acknowledge that all Materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Materials originated. This means that you are entirely responsible for all Materials that you email or otherwise transmit via the ekarda Service. We do not control all of the Materials posted via the ekarda Service and, as such, do not guarantee the accuracy, integrity or quality of such Materials. You understand that by using the ekarda Service, you may be exposed to Materials that are offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Materials, including, but not limited to, for any inaccuracies, errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed or otherwise transmitted via the ekarda Service. You agree not to:

• Post, transmit, or otherwise make available, through or in connection with the ekarda Service:
  • Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another’s privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
  • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
  • Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme”, survey, contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).
  • Any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Use the ekarda Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information, including email addresses, about users of the ekarda Service.
• Harm minors in any way.
• Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
• Interfere with or disrupt the operation of the ekarda Service or the servers or networks used to make the ekarda Service available; or violate any requirements, procedures, policies or regulations of such networks.
• Restrict or inhibit any other person from using the ekarda Service, including without limitation by hacking or defacing any portion of the ekarda Service; or disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the ekarda Service or an Interactive Forum are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
• Use the ekarda Service to distribute or otherwise publish or post any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent; or use the ekarda Service in a commercial manner.
• Use the ekarda Service to distribute or otherwise publish or post any material that is pornographic, obscene, contains hate speech, is racist, promotes or encourages violence, is illegal or promotes illegal behavior, violates anyone’s intellectual property rights, or is otherwise offensive or inappropriate as determined in ekarda’s sole discretion.
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to the ekarda Service.
• Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the ekarda Service any directory of ekarda’s users or usage information or any portion thereof other than in the context of your use of the ekarda Service as permitted under these Terms of Service.
• Attempt to gain unauthorized access to the ekarda Service, other accounts, computer systems or networks connected to the ekarda Service, through password mining or any other means.
• Remove any copyright, trademark or other proprietary rights notice from the ekarda Service or Content or Materials originating from the ekarda Service.
• Frame or mirror any part of the ekarda Service or Software without our express prior written consent; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials transmitted through the ekarda Service.
• Create a database by systematically downloading and storing content from the ekarda Service.
• Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the