Updated as of January 30th, 2019
Your use of TheAffinityCard.com (the “Site”, “we”, “us”, or “our”) constitutes your agreement to abide by and be bound by these Terms. We encourage you to review these Terms whenever you use our Site as we reserve the right to update or modify these Terms at any time. If you do not agree to these terms, please do not use the Site.
License and Access.
All rights not expressly granted to you in these Terms are reserved and retained by TheAffinityCard.com, its affiliates, licensors, publishers, rights holders or other content providers. Your permission or approval to access and use the site will be discontinued if you use the Site or its services in an unauthorized way.
Site Modification or Suspension.
We have the right, at any time in our sole discretion, to modify, suspend or terminate the Site with or without notice to you.
The Site and the content available on the Site is our, or our affiliates and licensors’ intellectual property and you may not use the Site or the content available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. You may, however, from time to time, download or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
If you think your work has been copied in a way that constitutes copyright infringement, please reach out to our Copyright Agent at firstname.lastname@example.org or by postal mail at 614 South 4Th St,Philadelphia, PA 19147. Please provide the Copyright Agent with the following data regarding your claim:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A explanation where the material that you claim is infringing is located on the site;
- Your address, your telephone number, and your email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is correct and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
User Age Restrictions
You must be sixteen (16) years of age to use or register with the Site. Certain services offered on or through the Site may require you to be eighteen (18) years old, including purchasing products, and entering into sweepstakes. If you are under 18 years of age, you are not allowed to use those portions of the Site or those services. You agree that the data that you submit to us upon registration, and at all other times will be true, accurate, current and complete.
If applicable, registration is limited to one account per user and you are exclusively responsible for keeping your password secure and for any activities or actions taken under your account whether or not you have authorized such activities or actions. You shall immediately notify TheAffinityCard.com of any unauthorized use of your password. If you register at the Site, you are representing that you have the authority and the capacity to do so and acknowledge and agree to the Terms. This Site is administered in the United States and intended for U.S. users; any use outside of the U.S. is at your own risk and you are responsible for compliance with any local laws applicable to your use of the Site or access to the Services.
Your Comments Reviews and Other Content Posted:
You may have the opportunity to post comments, write reviews or submit other content on this Site (“Posted Content”). If you choose to post comments, reviews or other content on the Site you are representing that you are the owner of the content, or that you have the owner’s express consent to submit the Posted Content. Furthermore, when you submit or post any content, you are granting a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, fully sub-licensable, worldwide license to use, display, copy, modify, transmit, cache, store, archive, index, categorize, comment on, tag, sell, exploit, create derivative works from, incorporate into other works, distribute, or digitally perform or publicly perform or display such posted content, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, including without limitation the right to transfer to third parties the right to use, exhibit and otherwise exploit such content (in whole or in part), as modified by us in its sole discretion. You acknowledge and agree that we and our partners are entitled to retain any revenue generated from the display of advertising, marketing campaigns, content syndication and distribution arrangements that include or feature any Posted Content submitted by you.
The foregoing shall include the right to exploit any proprietary rights in such Posted Content or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your content postings or submissions by name, e-mail address or screen name, as we deem appropriate. We are under no obligation to give credit or pay any compensation for your Posted Content.
Prohibited Content. We expressly prohibit Posting Content that is illegal, threatening, defamatory, obscene, infringes our intellectual property rights or third party intellectual property rights, violates law, bullies others, or otherwise harmful to third parties. You are prohibited from posting any content that consists software viruses, commercial solicitation, political campaigning, any form of “spam.” You prohibited from impersonating any person or entity, or otherwise misleading the public as to the origin of a comment or other content. We reserve the right (but not the obligation) to remove or edit content that violates these terms, but do not regularly review posted content. We have the right but not the obligation to oversee and edit or remove any activity or content. We claim no responsibility and assume no liability for any content posted by you or any third party.
Third Party Content
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Disputes, Choice of Law, and Jurisdiction.
ANY REASON FOR ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Any dispute resolution proceedings relating to these Terms or the Site will be conducted only on an individual basis and not as a class, consolidated, joined or representative action and the parties expressly waive all rights to commence or participate in any class, consolidated or representative action/proceeding. You agree that TheAffinityCard.com agreement to arbitrate claims constitutes consideration for such waiver.
Notwithstanding TheAffinityCard.com’s right to modify these Terms, TheAffinityCard.com agrees that any such adjustment to the dispute and/or arbitration requirements in these Terms shall not apply to claims arising prior to the date of such modification.
Arbitration under these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. In the event, for any reason, arbitration is not authorized by applicable law, the parties waive all rights to trial by jury and waive all right to start or participate in any class action, consolidated, representative or class proceedings.
The Affinity Card
614 South 4Th St,
Philadelphia, PA 19147