The Cardamom application and website are owned by CARDAMOM LLC (“Cardamom”, “we” or “us”). The mobile application, website and all other products or services of Cardamom shall be referred to singularly or collectively as the “Service”.
By using, downloading or accessing the Service, you agree to be bound by these Terms.
Cardamom reserves the right to change or modify these Terms at any time and in its sole discretion. If we make changes to these Terms, we will provide notice of such changes in a manner including, but not limited to, sending a notification, posting a notice on the Service, communicating with you via the email address associated with your account, or updating the effective date above. Your continued use of the Service shall confirm your acceptance of any changes or modifications.
These Terms do not create or confer any third-party beneficiary rights.
Cardamom welcomes comments, questions, concerns, or suggestions regarding Cardamom and these Terms. Please send feedback by email to firstname.lastname@example.org.
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Cardamom.
You accept all responsibility for any activity that occurs while logged into your account. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio, and video clips, sounds, musical or literary works, applications, links, and other content or materials (collectively, “Content”) that you submit, post, or display on or via the Service.
You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Service and grant the licenses set forth above.
Cardamom cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk.
You are responsible for maintaining the security of your account. In the event an unauthorized person gains access to your account, you must notify Cardamom immediately at email@example.com.
By posting any Content, you automatically grant to Cardamom, its affiliates, licensees and successors, an irrevocable, perpetual, non- exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created.
You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.
No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Cardamom in any manner.
Cardamom may, for any reason and for no reason, without notice and in our sole discretion, terminate your right to use the Service, or any portion thereof, and block or prevent your future access to and use of the Service or any portion thereof. Upon such action, all rights granted to you in these Terms will immediately cease without any requirement of further notice to you.
Cardamom is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
You agree that you do not own the account created for your use in the Service, nor do you own any data whatsoever that Cardamom or any affiliates store on its/their servers.
We reserve the right to modify or discontinue, temporarily or permanently, the Service or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Service or any part thereof.
ELIGIBILITY TO USE OR ACCESS THE SERVICE
Cardamom may only be used by persons who are at least 18 years old. Persons under the age of 18 are prohibited from creating a Cardamom account. By creating an account, you affirm that you are at least 18 years old. Organizations, companies, and/or businesses may not use the Service for any purpose.
You may not access or use the Service if you have previously been suspended or removed from the Service, absent our express written approval.
You represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
THIRD PARTY CONTENT OR ADVERTISING
Cardamom may make third party opinions, advice, statements, offers, or other third party information or content available through the Service, and the Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources (“Third Party Content”). Cardamom does not make any representations or warranties of any kind regarding the Third Party Content, including, without limitation, any representations or warranties regarding its accuracy, completeness or noninfringement. Unless otherwise expressly stated by Cardamom, Cardamom does not endorse or adopt, and is not responsible or liable for, any Third Party Content. Cardamom does not monitor or have any control over any Third Party Content or third party websites.
All Third Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such Third Party Content. Cardamom undertakes no responsibility to update or review any Third Party Content and users use such Third Party Content contained therein at their own risk.
You further acknowledge and agree that Cardamom shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Third Party Content, information, statements, advertising, goods or services or other materials available on or through any such website or resources.
YOUR CONDUCT WITH RESPECT TO OTHER USERS
You are solely responsible for your interactions with other users. Cardamom does not conduct criminal background checks or screenings on its users. Cardamom also does not inquire into the backgrounds of all of its users or attempt to verify the statements of its users.
Cardamom makes no representations or warranties as to the conduct of users or their compatibility with any current or future users.
Cardamom does not guarantee or certify the accuracy or completeness of users’ profile information displayed through or on the Service. Cardamom makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.
Cardamom reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records.
You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or engage in any business activity with another user, including transfer of money.
You are solely responsible for the Content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available on the Service or transmit to other users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly posted or privately transmitted.
If you believe that one or our users is, through the use of our Service, uploading or displaying prohibited Content, please contact us at firstname.lastname@example.org.
You further agree that you will not use the Service or any Content contained in the Service whatsoever:
In connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by Cardamom, or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes;
For any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms, including offers or solicitation of illegal prostitution or controlled substances;
For any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular Service;
In any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden, or impair the functioning of the Service in any manner;
You further warrant and agree that you will not:
Distribute any malware, spyware or other malicious content in or through the Service;
Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Service or to extract data;
Reverse engineer any aspect of the Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, Content, or code of the Service;
Use or attempt to use another user’s account without authorization;
Attempt to (i) circumvent any content-filtering techniques we employ, (ii) access areas or features of the Service that you are not authorized to access, or (iii) indicate in any manner that you have a relationship with us or that we have endorsed you or any products or service without our express written consent to do so.
Develop any third-party applications that interact with Content or the Service without our prior written consent;
Misrepresent your affiliation with a person or entity;
Violate the publicity, privacy, or data-protection rights of others, or infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
post as part of the Service, or transmit to Cardamom or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material;
Inappropriately solicit or attempt to solicit personal information from other users of the Service, nor shall you harvest or post anyone’s private information, including personally identifiable or financial information in or through the use of the Service;
Access Cardamom’s private application programming interface (API) by any means other than those expressly provided by Cardamom; and
Use domain names or web URLs in your username without prior written consent from Cardamom.
You further agree to abide by any third-party terms that apply to the Service or when posting reviews of Cardamom, including the iTunes App Store Terms of Service, such as the prohibition on posting usernames;
INTELLECTUAL PROPERTY POLICY AND RIGHTS
Any use of the Service or Cardamom Content other than as specifically authorized in these Terms, without the prior written permission of Cardamom, is strictly prohibited and will terminate the license to use Service granted in these Terms.
Unless otherwise indicated, the Service and all Content and other materials in the Service, including, without limitation, the Cardamom logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Cardamom Content”), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other applicable intellectual property laws, and unauthorized use of Cardamom Content may violate such laws and these Terms.
Except as expressly provided in these Terms, Cardamom does not grant any express or implied rights to use Cardamom Content.
You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Cardamom Content, the Service, or any related software, except as expressly stated in these Terms.
In accordance with the Digital Millennium Copyright Act and other applicable laws, we strive to timely remove any infringing material from our site.
If Cardamom becomes aware that a user is a repeat copyright infringer, we will take reasonable steps within our power to terminate the user’s account, in accordance with our policy.
You may file a notice of such infringement, in compliance with the requirements of 17 U.S.C. § 512(c)(3), via email to email@example.com, if you believe that anything on the Service infringes any copyright that you own or control.
You are hereby granted a limited, nonexclusive, non-sublicensable and fully revocable license to access and use the Service and Cardamom Content during the time that you are in compliance with these Terms. This license is subject to these Terms and does not include:
Accessing the Cardamom API with an unauthorized or third-party client;
Downloading (other than page caching) any portion of the Service, Cardamom Content, or any information contained therein, except as expressly permitted on the Service;
The distribution, public performance, or public display of Cardamom Content;
Modifying or otherwise making any derivative uses of the Service or Cardamom Content, or any portion thereof; or
Any use of the Service or Cardamom Content other than for their intended purposes.
You agree that any feedback, suggestions, ideas, or other information or materials regarding Cardamom or the Service that you provide, whether by email, via the Service, or otherwise (“Feedback”), are non-confidential and shall become the sole property of Cardamom.
Cardamom shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation.
You waive any rights you may have to the Feedback (including any copyrights or moral rights) and agree to execute any documentation required by Cardamom, in its sole discretion, to confirm such assignment to, and unrestricted use and dissemination by, Cardamom of such Feedback.
DISCLAIMERS AND LIMITATIONS
The provisions of this section will survive any termination of your account or of the Service.
Cardamom can not and does not represent or warrant that the Service will always be secure or error-free or that it will function without delays, disruptions or imperfections. The Service is on an “as is” without warranties of any kind whatsover, either express or implied.
In no event will Cardamom, its affiliates, businesses, licensors or service providers to liable to you, or any third person, for any indirect, incidential, reliance, consequential, exemplary, special or punitive damages, incuding, but not limited to, loss of goodwill, loss of profits, service interruptions, or damages for loss, corruption or breaches of data or programs, even if Cardamom has been advised of the possibility of such damages.
Limitations on Liability. Notwithstanding anything to the contrary here, Cardamom’s liability to you whatsoever and regardless of the form of action, will at all times be limited to the amount paid by You, if any, to Cardamom for the Service while your account is active.
You hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access or service, download or display device, or loss or corruption of data that may result from the download of any material through the use of the Service. Material downloaded or obtained through the Service is accessed at your own discretion and risk. If you do not accept this limitation of liability, you are not authorized to download or obtain any material through the service.
Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service shall be filed within one (1) year after such claim or cause of action arose, or forever be barred.
You agree to indemnify, defend, and hold harmless Cardamom, its managing members, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your access to or use of the Service; (b) any Content you post, upload, use, distribute, store, or otherwise transmit through the Service; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, property or proprietary right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.
Cardamom reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cardamom in connection therewith.
ARBITRATION AND WAIVER OF CLASS ACTION SUITS
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. This clause will survive the termination of your relationship with Cardamom.
You and Cardamom agree to arbitrate any dispute arising from these Terms or your use of the Service, except that you and Cardamom are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
Arbitration prevents you from suing in court or from having a jury trial.
You and Cardamom agree (a) that any arbitration will occur in New York County, New York; (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association; and (c) that the state or federal courts of New York County, New York have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration.
Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.
Regardless of where the dispute is heard, you and Cardamom WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
Choice of Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of law provisions.
Venue. You agree that any legal action or proceeding between you and Cardamom related to these Terms, shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of New York, State of New York.
Jurisdiction. You agree to submit to the personal jurisdiction of the courts located within the County of New York, State of New York for the purpose of litigating or resolving all such claims or disputes.
Equitable Relief. You acknowledge that the rights and obligations under these Terms are of a unique and irreplaceable nature, the loss of which shall cause irreparable harm and which cannot be replaced by monetary damages alone. Accordingly, Cardamom shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or any anticipated breach. Furthermore, you hereby irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any Cardamom Content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages.
Cardamom shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
WAIVER AND CONFLICT
The failure of Cardamom to exercise or enforce any right or provision in these Terms shall not operate as a waiver. As it relates to the Service, if there is ever a conflict between these Terms and any other terms or policies these Terms will control.