Partners in Prepaid
Terms and Conditions of Use
ACCESS TO THIS SITE IS LIMITED TO THOSE WHO ARE OF THE AGE OF MAJORITY OR ABOVE IN THEIR COUNTRY OF RESIDENCE. THIS SITE WILL BE GOVERNED BY U.S. LAW IN THE STATE OF NEW YORK. DO NOT ACCESS THIS SITE IF YOU DO NOT MEET THE ACCESS REQUIREMENTS.
The Site may feature blog posts and other content provided by prepaid industry professionals as well as User Submissions (as defined herein), and content ("Third Party Content") provided by other third parties ("Third Party Content Providers") under license to MasterCard or created for the Site ("Site Content"). Site Content is the views/opinions of the person, company, or Third Party Content Provider who submitted it and does not reflect the views of MasterCard in any manner. MasterCard does not verify or endorse any Site Content and has no responsibility for the accuracy of Site Content. YOU AGREE AND ACKNOWLEDGE THAT IN NO CASE WILL SITE CONTENT CONSTITUTE LEGAL OR FINANCIAL ADVICE EVEN IF DIRECTED TO YOU OR POSTED OR DISPLAYED IN RESPONSE TO A COMMUNICATION SUBMITTED BY YOU TO THE SITE. Furthermore, you agree and acknowledge that should you rely any Site Content, that you do so at your own risk, and without any liability to MasterCard or Third Party Content Providers.
The viewing, printing or downloading of any content from the Site grants you only a limited, nonexclusive, revocable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, transfer, sale, preparation of derivative works or other non-personal use. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site so long as the link does not portray MasterCard, or its products or services, in a false, misleading, derogatory, or otherwise offensive manner or imply a sponsorship or endorsement of your site, page or content by MasterCard. No part of any content, graphic or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use.
You may not create a web page or site or computer application of any kind that deep links to or frames this Site, any page of this Site, or any graphics, trademark or other proprietary information of any kind located on this Site without MasterCard's express written permission. You may not use meta tags or any other type of hidden text utilizing MasterCard's or any of its affiliates' names, trademarks or intellectual property rights on a web site without MasterCard's express written permission.
Except for the limited rights expressly granted herein, all right, title and interest in and to the Site and all materials contained therein are reserved by MasterCard or the respective Third Party Content Provider. Your right to access this Site may be terminated at any time by MasterCard without notice.
In order to access some features of the Site, you will have to create an account ("Account"). You may never use another's Account without permission. When creating your Account, you must provide accurate and complete information. By creating an Account, you represent and warrant that the information you provide is true and that you will keep it up to date.
You are solely responsible for the activity that occurs on your Account, and you must keep your Account password confidential and secure. You must notify MasterCard immediately of any breach of security or unauthorized use of your Account. Although MasterCard will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of MasterCard or others due to such unauthorized use.
To register for an Account you will be required to provide certain personal information including, at a minimum, your email address, your first name, and your last name. Your first name and last initial will be displayed on the Site when you post a comment. You are prohibited from transmitting any "sensitive" personally identifiable information over the Site, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security/social insurance numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters ("Sensitive Personal Information"). You are also prohibited from: (i) using the Site to send or post harassing, abusive, or threatening messages; (ii) transmitting through the Site any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers; (iii) attempting to conceal or misrepresent the identity of the sender or person submitting the information; (iv) disrupting the normal flow of the Site, including any dialogue on the Site or otherwise act in a manner that negatively affects other participants; (v) sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content; (vi) intentionally or unintentionally performing or promoting any activity that would violate any applicable local, provincial/state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site; (vii) posting or transmitting executable programming of any kind, including viruses, spyware, Trojan horses, Easter Eggs, or any other form of computer programming or disabling mechanism; (viii) posting User Submissions or using the Site in such a way that damages the image or rights of MasterCard, other users or third parties; (ix) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Site or the Site Content in whole or in part, including, without limitation, creating any frames at any other web sites pertaining to any portions of the Site; (x) create an Account (by using a false name, false email address or otherwise) that impersonates another person, that is a false persona, that belongs to another person or that violates a third party's intellectual property rights; (xii) harvest screen names for any purpose; (xiii) disparage the products or services of any company or individual; (xiii) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (xiv) "Stalk" or otherwise harass another; or (xv) Collect, display or store personal data about other users, without such user's prior written consent.
User Submissions and Conduct
As a Site Account holder you may submit your comments, which may consist of textual content and potentially photos, videos, images audio files, other types of content and links to such content if allowed by the Site (collectively referred to as "User Submissions"). You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: the User Submission is your original work and that you own or have the necessary licenses, rights, consents, and permissions to use and authorize MasterCard to use any and all User Submissions in any and all media now known or hereinafter invented without territorial or time limitations and without compensation, and have all necessary consents to collect, use and disclose any Sensitive Personal Information, images or likeness contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and this Agreement. You agree that you will not submit as part of any User Submission any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant MasterCard all of the license rights granted herein. Furthermore, you warrant and represent that you will disclose the existence of any patent registrations or pending applications held by you which relate in any way to your User Submission.
You acknowledge and agree that no confidential relationship or obligation of secrecy or confidentiality is established between you and MasterCard regarding the User Submission, despite any statement or legend to the contrary on the User Submission and any related materials.
Rejection, Deletion and Modification of User Submissions
Ownership and Use of User Submissions
By making a User Submission, you understand that you are granting MasterCard a worldwide, perpetual, royalty-free, fully-paid, irrevocable, sublicensable, transferrable, non-exclusive license in and to the User Submission (including under copyright, patent, and trademark law), including the right to edit, change, and create derivative works, and any concepts or ideas contained in the User Submission, including the documents, artwork, statements, drawings, outlines, proofs, displays, photographs, footage, outtakes, musical scores, audio and video footage, discs, whether in print or electronic form, produced or created by you as part of the User Submission.
The license you are granting to MasterCard includes the right of MasterCard and its designees to reproduce the User Submission, prepare other works using the User Submission, combine your Submission with other works, and alter, translate, distribute copies, display, perform, license and apply for copyright registration of the transformed User Submission in the name of MasterCard throughout the world in perpetuity in any media that now exists or may exist in the future. For example, the above grant permits MasterCard and its designees to use only certain portions of your User Submission, rerecord or modify any audio tracks or visual images you provide, rewrite the User Submission, and/or incorporate other materials, either created by MasterCard or licensed from others, with your User Submission. If we create other works using the User Submission, those works will be owned by us and may be used in accordance with these Terms and Conditions, and shall not be subject to your approval.
By making a User Submission, you are waiving and agree not to assert any copyrights or "moral" rights or claim resulting from our alteration of the User Submission or any photograph(s), footage, illustrations, statements or other work contained in the User Submission. You are also agreeing to appoint MasterCard as your irrevocable attorney-in-fact with respect to the User Submission, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that MasterCard can use the User Submission that you are licensing in any way MasterCard sees fit, to own and protect the rights in any derivative works created from your User Submission, and to have the User Submission removed from any other web site or forum.
Upon request of MasterCard, you shall execute and deliver such additional instrument of license, as MasterCard may deem in its sole discretion, reasonably necessary to establish MasterCard's ability to use the User Submission as it sees fit and that "Moral Rights of Authors" are waived under these Terms and Conditions. Should MasterCard fail to request the said license instrument as stated, that shall not be deemed a waiver of MasterCard's rights and MasterCard may at a later time request the instrument.
Submission of Product Ideas
From time to time, we may ask you for your feedback on the Site and products and/or services. Any communication or material you transmit or post, including that contained in User Submissions, will be (a) treated as non-confidential and non-proprietary by MasterCard, (b) become the property of MasterCard and MasterCard shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by MasterCard licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner, now known or later developed, on this Site or otherwise. And MasterCard shall be under no obligation to respond to any such communication. Notwithstanding the foregoing, MasterCard maintains a policy of not accepting or considering any creative ideas, suggestions or materials from the public regarding its products and services ("Product Ideas"), and therefore, you should not submit any Product Ideas to MasterCard in any communications through this Site or otherwise. Nonetheless, if you do send us a Product Idea, despite our request not to do so, then such Product Idea shall immediately become the property of MasterCard and MasterCard shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, MasterCard shall be free to use any Product Ideas for any purpose whatsoever, including, but not limited to, developing and marketing products and services. MasterCard shall not be liable for such use or disclosure of such Product Ideas or for any similarities in the Product Ideas and any future MasterCard products and services.
Copyright, Trademarks & Intellectual Property Rights
This Site Content, as defined below, is protected by applicable intellectual property laws and all Content is owned by MasterCard or used by MasterCard under a license or with permission. All text, formatting (including without limitation the selection, coordination and arrangement of materials on this Site, and the images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, and logos, and other materials and information on this Site) are subject to the intellectual property rights of MasterCard, its subsidiaries and affiliates, and their respective licensors and licensees (collectively "Content"). These materials may not be copied, reverse engineered, decompiled, disassembled, modified, reposted to other web sites, framed, deep linked to, changed, or otherwise distributed, redistributed, licensed, sublicensed or transferred in any form by you. Nothing contained on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any MasterCard trademark, intellectual property right or copyrighted material without MasterCard's prior written permission.
The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the "Trademarks") displayed on this Site are Trademarks of MasterCard and its third party alliance partners. Nothing contained on this Site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on this Site without the written permission of MasterCard or such third party that may own the Trademark.
Any unauthorized commercial use of these materials will violate MasterCard's intellectual property rights and will be subject to MasterCard's full legal rights and remedies.
You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Site or to surreptitiously intercept any system, data or personal information from the Site. You may not take any action that imposes an unreasonable or disproportionately large load on the Site's network or other infrastructure.
From time to time, the Site may invite you to enter sweepstakes or other promotions. All such sweepstakes and promotions are void where prohibited or restricted by law, and are subject to the Official Rules for such sweepstakes and promotions.
Links to Other Web Sites
Indemnification and Release
No Representation or Warranty
While MasterCard will use reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed and MasterCard does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this Site.
THIS SITE AND ALL CONTENT CONTAINED HEREIN ARE PROVIDED TO YOU "AS IS," AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY YOU FROM MasterCard THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
WITHOUT LIMITATION, MasterCard DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE SITE, THAT THE SITE WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimer of Damages and Limitation of Liability
IN NO EVENT SHALL MasterCard BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE SITE OR ITS CONTENT, EVEN IF MasterCard OR ITS BUSINESS PARTNERS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
IN NO EVENT SHALL MasterCard'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR ONE HUNDRED DOLLARS ($100) (WHICHEVER IS LESS), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY MasterCard SITE.
PELASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Inapplicability of Any MasterCard Payment Card Cardholder Agreement
MasterCard is a leading payment services organization. MasterCard is not a financial institution and does not issue credit, debit, check or payment cards of any type of nature. Your MasterCard-branded payment card relationship is with an issuing bank or financial institution, and not with MasterCard directly. Any and all questions or issues regarding your MasterCard-branded payment card or cardholder account should be directed to the bank or financial institution that issued your card, and not to MasterCard. While MasterCard has a relationship with your issuing bank or financial institution, that relationship does not pertain to individual cardholders or payment card accounts.
This Site is operated by MasterCard and its affiliates.
Governing Law Limitations
United Sates and foreign export control laws regulate the export and re-export of technology originating in the United States and such foreign countries. You agree to abide by these laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, any content or software from this Site to or from any countries or foreign nations in violation of such laws or regulations.
Digital Millennium Copyright Act ("DMCA") Notice
In operating the Site, MasterCard may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that MasterCard does not own or control may be transmitted, stored, accessed or otherwise made available using the Site. MasterCard has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site and MasterCard has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of MasterCard or of a third party, or that has otherwise violated any intellectual property laws or regulations, or this Agreement. If you believe any material available through the Site infringes a copyright, you should notify MasterCard using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). MasterCard will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. You should address infringement notices under the DMCA for this Site to: Copyright Agent, 2000 Purchase Street, Purchase, NY 10677, Attention: Law Department, or to firstname.lastname@example.org
Please provide the following notice:
MasterCard may give notice to its users of any infringement notice by means of a general notice on any of its web sites, electronic mail to a user's email address in its records, or by written communication sent by first-class mail to a user's physical address in its records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Cautionary Language Regarding Forward-Looking Statements
Statements made throughout this website which are not historical facts, including statements about the Company's plans, strategies, beliefs and expectations, are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements involve a number of risks, uncertainties and other factors, any one of which could cause actual results to differ materially from those expressed in or implied by the forward-looking statements. These risks and uncertainties include, but are not limited, to those set forth in the Company's filings with the U.S. Securities and Exchange Commission (the "SEC"), including the Company's most recent Annual Report on Form 10-K, Quarterly Reports on Form 10-Q and/or Current Reports on Form 8-K filed or furnished with the SEC. Forward-looking statements speak only as of the date they are made, and the Company undertakes no obligation to publicly update or revise any forward-looking statement.
MasterCard International Incorporated
2000 Purchase Street
Purchase, NY 10577 USA