Terms of Service
Effective Date: October 31, 2018
This agreement (“Agreement“) is entered into by and between you the individual person, company, or organization that is accessing or using Cardsetter (“you”) and Robot Snacks, Inc., (“Robot Snacks,” “we” or “us”).
This Agreement sets forth the terms of your use of and access to the hosted software called Cardsetter (or the “Service”). Cardsetter is a software service platform for building and hosting websites (“your site”).
You own the content that you input and upload to Cardsetter. You grant us permission to modify, reproduce, store, transfer, or otherwise manipulate your content to make it presentable on the web.
You are responsible for the content that you publish, and represent to us that you and your content are not violating copyright, or other laws.
Additionally, you grant us the right to feature, promote, or highlight your site, which may include your content, for the limited purpose of marketing or promoting Cardsetter, free of charge, in perpetuity.
Robot Snacks, Inc., owns Cardsetter. The Service, it’s source code, logos, and brand features are protected under copyright and trademark laws, and are the intellectual property exclusively owned by Robot Snacks, Inc. You agree not to change, translate, or otherwise create derivative works of the Service.
Fees and Payment Terms
Cardsetter is a subscription-based service. You agree to pay our current subscription fee each month for the ongoing use of Cardsetter. Your subscription fees are payable monthly and will be charged to a credit or debit card.
Term, Termination, and Refunds
Either you or us may cancel this agreement at any time. You may cancel your ongoing subscription at any time. If you cancel your subscription before the current billing period expires, we will issue you a prorated refund from the fifteenth (15th) day of the month following your cancellation, and cancel your service on the same date. For example, if you cancel your subscription on November 20th, we will issue you a refund for the subscription fees from December 15th to January 15th, when your subscription was due to renew.
To the fullest extent permitted by law, Robot Snacks, makes no warranties, either express or implied, about the Service. The Service is provided “as is.” Robot Snacks, also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Robot Snacks, Inc., shall create any warranty. Robot Snacks, Inc., makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components.
Limitation of Liability
To the fullest extent permitted by law, in no event will Robot Snacks be liable with respect to any claims arising out of or related to the Service or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Service or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the Service; (d) any damages related to loss or corruption of any content or data, including without limitation your content; or (e) you content or other conduct or content of any user or third party using the Service, including without limitation defamatory, offensive or unlawful conduct or content. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Robot Snacks has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. To the fullest extent permitted by law, in no event shall the aggregate liability of Robot Snacks for all claims arising out of or related to the Service and this Agreement exceed the greater of two hundred dollars ($200) or the amounts paid by you to Robot Snacks in the six (6) months immediately preceding the event that gave rise to such claim.
To the fullest extent permitted by law, you agree to indemnify and hold harmless Robot Snacks from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your content, and your site; (c) any claims from your end users; and (d) your violation of any law or regulation or the rights of any third party.
The laws of the State of Montana, govern this Agreement and your use of Cardsetter.
We each understand that we have a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but we choose to attempt to resolve disputes informally first. We agree to try to resolve dispute informally at first and for a period of at least 30 days.
This Agreement constitutes the entire agreement between you and Robot Snacks regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third party beneficiary rights.
This Agreement and the Services shall be governed in all respects by the laws of the State of Montana, without regard to its conflict of law provisions.
Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may modify this Agreement from time to time, and will always make the current version available to you. Future modifications to this agreement will not affect your fees and payment terms, as specified above in Fees and Payment Terms, for a period of at least 18 months from when this Agreement is executed. No future modification to this agreement will change the Initial Development and Setup Fee previously described. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within Cardsetter). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access Cardsetter after any modifications come into effect, you agree to be bound by the modified Agreement.