Last updated: June 21, 2021
1. Introduction and Acceptance
2. How the Website Works
- (B) In order to publish your Site, you will have to become a registered user. You need to be 18 years or older to register. If you are under the age of 18, then you are not permitted to publish a Site, register as a user or otherwise submit personal information unless we receive appropriate consent from your parent or guardian who is at least 18 years of age and this adult will be responsible for all your activities.
- (C) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (an "Account"). You are responsible for any use of the Website or a Site using your Account and for safeguarding and maintaining the confidentiality of your Account. You agree to notify us immediately at the address or phone number set forth on the Website of any breach of security or unauthorized use of your Account.
- (D) Becoming a registered user will provide you with a Basic plan, which is 100% free and provides unlimited access to use most of the Website Services.
- (E) Upon becoming a registered user, you will be prompted to fund your account or purchase credits through PayPal or a credit/debit card that can be used to purchase certain Services or Service features from us. All amounts you pay to purchase credits will become the exclusive property of Carrd. Your credits will be made available to you as an "account balance" that can be used to purchase, renew or upgrade to a Pro Lite plan, a Pro Standard plan, a Pro Plus plan, or some variant thereof ("Pro plan"), which provides some additional features that are not available with our Basic plan. Optionally, the Pro plan may also be automatically renewed on an annual basis and remain in effect until cancelled by you. Credits have no cash value and cannot be redeemed for cash, transferred to a third party, or to make purchases from any other party. By authorizing a purchase through PayPal or a credit/debit card, you represent and warrant that you are at least 18 years of age (or the age of majority in your state) and are authorized to use the payment method you present for the requested transaction.
- (F) If you have insufficient funds in your account balance to perform an upgrade or manual renewal, you will be prompted to pay for the difference using either PayPal or a credit/debit card to add to your account balance. Optionally, you may add a saved payment method (e.g. a credit card) to replenish your account balance or to automatically cover charges in excess of your account balance. If you have insufficient funds in your account balance to perform an automatic renewal and you do not have a saved payment method, your account will, after a short grace period, be automatically downgraded to the free Basic plan and your sites will lose access to any Pro features they may be using. Saved payment methods are stored remotely by our third-party payment providers, and balances are stored in US dollars.
- (G) You may optionally apply referral codes to upgrades and manual renewals. In the case of upgrades, a referral code's discount will be applied after any other credits you receive (e.g. a prorated credit for time remaining on an existing Pro plan).
- (H) You may, during the course of your Pro plan, upgrade or downgrade to a different Pro plan. If upgrading to a higher cost Pro plan, you may be prompted to pay for the difference (after any applicable credits) in the manner described in Section 2(F). If downgrading to a lower cost Pro plan, a prorated credit for the time remaining on your existing Pro plan will be added to your account balance. Upon request, we may then, in our sole discretion, grant a full or partial refund of this credit to the original funding payment.
- (I) Excluding earnings from Carrd itself (e.g. our referral program, as described in Section 7) and refunds which shall be granted in our sole discretion, balances cannot be withdrawn; once funds have been deposited in your account, they can only be used to purchase Products. Except for any sales tax that we may be required to collect on any purchase by you, you are responsible for paying all fees and taxes associated with your use of the Website, if any.
- (J) Account balances are the exclusive property of Carrd and do not earn interest. We do not generally offer return of funds or credits on purchases unless required by law, but we reserve the right to do so in our sole and absolute discretion.
- (K) In using our Service you may purchase (alternatively, you may earn virtual cash or credits through use of our Services), using either PayPal or a credit/debit card or your account balance, a limited, non-sublicensable, revocable right to use (a) virtual currency, including but not limited to virtual cash or credits, for your use with our Services; (b) virtual in-application items, content or features; and (c) other goods or services (collectively "Virtual Items"). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way. You must be 18 years of age (or the age of majority in your state), or obtain permission from your parent or legal guardian to purchase Virtual Items.
- (L) Carrd may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice, however, your Virtual Items may not expire from 5 years from the date of purchase. Carrd shall have no liability to you or any third party in the event that Carrd exercises any such rights.
- (M) The use or transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to Carrd, another user or any third party.
- (N) ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
- (O) The provision of Virtual Items is strictly for your personal, non-commercial use in Carrd games. This is a service provided by Carrd that commences immediately upon acceptance by Carrd of your purchase.
- (P) You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Carrd may revise the pricing for the Virtual Items offered through the Service at any time. YOU ACKNOWLEDGE THAT CARRD IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
- (Q) Virtual Items do not represent any stored value, have no monetary value, and do not constitute legal currency of any type.
- (R) We reserve the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
3. Intellectual Property
- (B) Carrd provides you with the ability to create a Site hosted at a subdomain URL using a Carrd domain extension, including the "carrd.co", "crd.co", "drr.ac", "ju.mp", and "uwu.ai" domains (the "Domain Extensions"). The Service provides you with the ability to use the Domain Extensions to host your Site. Other than the trademark "CARRD", Carrd does not own and does not represent ownership of any intellectual property rights in the Domain Extensions, including but not limited to any trademark rights. Carrd does not grant you, nor does the creation of your Site using the Domain Extensions grant you, any license or right to use the Domain Extensions as a trademark, either alone or in connection with other terms, phrases, or logos, including as the name of your Site. Carrd makes no warranty that your use of a Domain Extension will not infringe the intellectual property rights of a third-party.
4. Website Access and Use
- (A) The Website is currently free to use under a Basic plan. However, the Pro plan requires a purchase by you. In all instances, our services are not being sold to you; rather, you are being granted a limited license to use our Website, Website Content, and services.
5. User Content
- (A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Website (collectively, "submit") messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
- (B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
- (C) You represent, warrant, and covenant that you will not submit any User Content that: (i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity; (ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) includes sensitive personal information such as social security numbers; (v) contains a formula, instruction, or advice that could cause harm or injury; or (vi) is a chain letter of any kind. Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Website will not be permitted.
- (F) Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users).
- (G) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever, including without limitation a breach of Section 5(C) above, to suspend or delete a Site.
6. Website Content & Third Party Links
We provide the Website and Website Content for entertainment and/or promotional purposes only. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content. The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
7. Referral Program
- (A) You can choose to opt-in to Carrd's referral program, which will provide you with a personalized referral link you can use to refer other potential users to Carrd. Referred users who use your referral link to visit the Carrd website, or enter your referral code at checkout, will earn you a portion of the amount paid (after applicable discounts) towards their next upgrade or renewal as determined by your referral rate. You may only earn from the next upgrade or renewal made after the time of the referral. Subsequent upgrades, renewals, or other purchases of Products will not earn you anything from those purchases.
- (B) Earnings from Carrd's referral program are automatically deposited to your account balance, which can then be spent on Products or paid out as described below. Deposits from earnings are marked as "available to payout" to differentiate them from normal user-initiated deposits which cannot be withdrawn. You may request a payout at any time provided your "available to payout" balance is at least 25.00 USD; however, payouts in excess of $600 per year will require the completion of appropriate IRS forms if you are a resident of the United States.
- (C) Payouts are paid out via PayPal within 3-5 business days of your payout request. You will be required to provide a valid PayPal email in order to receive payouts.
- (D) For the purposes of sharing and promoting your referral link, you agree to not engage in activity, tactics, or practices that are illegal or considered questionable, such as spamming or deceptive linking.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, CARRD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
11. Limitation on Liability
- (C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
13. Copyright Policy
- (A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and in our sole discretion, we may terminate and/or disable the Site and/or Account of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on the Website or any Site that may be infringing or the subject of infringing activity.
- (B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA"), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its "Designated Agent"). Our Designated Agent is:
Attn: DMCA Registered Agent
231 Public Square Suite 300 PMB 12
Franklin, TN 37064
Phone: (615) 645-2470
(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
14. Choice of Law; Jurisdiction and Venue
15. No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
16. No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
17. Amendment; Additional Terms
- (A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.