1. Agreement to terms
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and tik.cards ("Company", "we", "us", or "our"), concerning your access to and use of the tik.cards website. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date.
2. Intellectual property rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
3. User representations
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
4. Products
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors. All products are subject to availability, and we cannot guarantee that items will be in stock. Prices for all products are subject to change.
5. Purchases and payment
You agree to provide current, complete, and accurate purchase and account information for all purchases. You authorize us to charge your chosen payment provider for any amounts upon placing your order. All payments shall be in EUR or USD. We reserve the right to refuse any order placed through the Site and to limit or cancel quantities purchased per person, per household, or per order.
6. Prohibited activities
You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create a collection, compilation, database, or directory without written permission.
- Trick, defraud, or mislead us and other users.
- Circumvent, disable, or otherwise interfere with security-related features.
- Use any information obtained from the Site to harass, abuse, or harm another person.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit viruses, Trojan horses, or other malicious material.
- Engage in any automated use of the system, such as scripts, bots, or scrapers.
- Attempt to impersonate another user.
- Interfere with, disrupt, or create an undue burden on the Site or its networks.
- Decipher, decompile, disassemble, or reverse engineer any software comprising the Site.
7. User-generated contributions
The Site does not currently offer users the ability to submit or post content. If we provide such functionality in the future, you represent and warrant that your contributions do not violate any third-party rights, are not false or misleading, and comply with all applicable laws.
8. Contribution license
You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices. We do not assert any ownership over your contributions.
9. Submissions
Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose without acknowledgment or compensation to you.
10. Site management
We reserve the right to monitor the Site for violations of these Terms of Use, take appropriate legal action, refuse, restrict access to, limit the availability of, or disable any of your contributions, and otherwise manage the Site in a manner designed to protect our rights and property.
11. Term and termination
These Terms of Use shall remain in full force and effect while you use the Site. We reserve the right to deny access to and use of the Site to any person for any reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use.
12. Modifications and interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We cannot guarantee the Site will be available at all times.
13. Governing law
These terms shall be governed by and defined following the laws of the United States and you irrevocably consent that the courts of New Mexico shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
14. Dispute resolution
Informal Negotiations. The Parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration.
Binding Arbitration. Any dispute arising out of or in connection with this contract shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber.
Restrictions. Any arbitration shall be limited to the Dispute between the Parties individually. No class arbitration is permitted.
15. Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any such errors and to update information on the Site at any time, without prior notice.
16. Disclaimer
The Site is provided on an as-is and as-available basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
17. Limitations of liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Site, even if we have been advised of the possibility of such damages.
18. Indemnification
You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) breach of your representations and warranties; (4) your violation of the rights of a third party; or (5) any harmful act toward another user.
19. User data
We will maintain certain data that you transmit to the Site for the purpose of managing performance, as well as data relating to your use of the Site. You are solely responsible for all data that you transmit.
20. Electronic communications, transactions, and signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing.
21. Miscellaneous
These Terms of Use and any policies posted by us constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver. If any provision is determined unlawful, void, or unenforceable, that provision is deemed severable.
22. Contact us
To resolve a complaint regarding the Site or to receive further information, please contact us at info@tik.cards.