iBakeSale Legalese: Our Terms and Conditions

Welcome to iBakeSale.

iBakeSale: TERMS AND CONDITIONS
Revised: August 15, 2007

Welcome to iBakeSale. OnCard Marketing ("OnCard") provides services (the "Services") and software ("Software") available at our Web site (the "Site") http://www.ibakesale.com to you ("you" or "User").

The following terms and conditions, along with any other policies or guidelines posted on this Site, shall govern your use of this Site. By using this Site, the Services, the Software, and any service, application, plug-in, component, functionality, or program created by OnCard, you are agreeing to the following terms and conditions. Please read them carefully before using this Site.

By visiting this Site and/or by completing the registration process for the Services or Software, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions.

IF YOU REGISTER TO BECOME A MEMBER, YOU AUTHORIZE ONCARD TO PERFORM ALL ACTIONS NECESSARY TO PROVIDE THE SERVICES UNDER THESE TERMS AND CONDITIONS. PLEASE NOTE THAT ONCARD IS AVAILABLE ONLY TO USERS 18 YEARS OF AGE OR OLDER.

A. DESCRIPTION OF THE SERVICES

OnCard is the first completely personalized rewards program with merchant discounts that are loaded onto any existing credit or debit card. Specifically, the OnCard Services utilize payment data and consumer preferences such as tastes and preferences, demographic information, and preferred methods and times for contact, to create a personalized rewards program for each consumer. Users can register their existing credit and debit cards with OnCard’s completely secure rewards program in order to receive the individualized cash rewards from participating merchants that are most relevant to them. OnCard simultaneously allows Users to make donations to various charities of their choice. OnCard tracks these cash rewards and charitable donations, providing consolidated quarterly reports detailing all tax-deductible donations. In addition, the OnCard Software is a Web browser plug-in application designed to provide users with reminders regarding various merchant deals.

B. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You can find the most recent version of these terms and conditions at http://www.ibakesale.com, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Services and Software. Your continued use of the Services and Software following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should you have any questions regarding the use of our Site, please contact us at: info@oncardmarketing.com.

C. YOUR REGISTRATION OBLIGATIONS.

We provide the Services and Software for your personal, non-commercial use. You may not use the Services and Software to conduct business without a separate written contract with OnCard. In addition, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Site, except for the purposes expressly provided herein, without OnCard’s prior written approval.

To obtain and use the Services and Software, you will be required to register with OnCard by completing a registration form and designating a user ID and password. When registering with OnCard you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services and/or Software (or any portion thereof).

You may not authorize any third party to access or use the Services and/or Software on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify OnCard of any unauthorized use of your user ID or password or any other breach of security. OnCard cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

Registration for the Services and/or Software, or use or receipt of the Services and/or Software, is non-transferable. You shall not transfer your membership to any other person or entity without the prior written consent of OnCard. Any such transfer or assignment without OnCard’s written consent shall be null and void. OnCard may assign this agreement and/or any rights under this agreement to any person or entity without your consent.

D. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.

By registering with OnCard, you understand that we may send you communications or data from OnCard regarding the Services and/or Software, including but not limited to (i) notices about your use of the Services and/or Software, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding OnCard’s products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.

E. LIMITED LICENSE.

By downloading the Software, you represent and warrant that you are at least 18 years of age. You further represent and warrant that you are either the owner or an authorized user of the computer on which you are installing the Software. You agree that you shall at all times comply with all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the Software. OnCard hereby grants you a non-exclusive license to install and use the Software solely for personal use and only for the purpose of accessing the Services. OnCard and its licensors/suppliers reserve the right to add additional features or functions to its Software at any time, without asking your approval. OnCard may require the update of its Software on your computer when a new version of the Software is released or new features are available. This update or new download may occur automatically when you use the Services. Changes to this Agreement may be made and will be posted on this Site. Your continued use of the Software will constitute consent to the revised terms. OnCard is under no obligation to support the Software. OnCard may at any time suspend or terminate this license and disable the Software.

F. USER CONDUCT/ACCEPTABLE USE POLICY.

You may not use the Services and/or Software in any way that violates applicable federal, state, or international law, or for any unlawful purpose. You may not use the Services and/or Software to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of OnCard or others.

Without limitation, OnCard reserves the right to terminate your access to and use of the Services and/or Software if, in our view, your conduct fails to meet any of the following guidelines for User conduct:

  1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the OnCard Site, computer systems and network, the Software, or the Services.
  2. You may not attempt to interfere with any other person’s use of the Services and/or Software.
  3. You may not misrepresent your identity or impersonate any person.
  4. You may not attempt to gain access to any account, computers or networks related to the Services and/or Software without authorization.
  5. You may not attempt to obtain any data through any means from the Services and/or Software, except if we intend to provide or make it available to you.
  6. You may not attempt to charge others to use the Services and/or Software either directly or indirectly.
  7. You may not use the Services and/or Software to participate in pyramid schemes or chain letters.
  8. You may not use the Services and/or Software to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
  9. You may not use the Services and/or Software for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
  10. You may not use the Services and/or Software to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
  11. You may not use the Services and/or Software to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.
  12. You may not use the Services and/or Software to download any material sent by another User that you know, or reasonably should know, cannot be legally distributed in such manner.
  13. You may not use the Services and/or Software to violate any code of conduct or other guidelines which may be applicable to the Services, the Software or the Site.
  14. You may not use the Services and/or Software to harvest or otherwise collecting information about others, including e-mail addresses.
  15. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by OnCard in connection with the OnCard Site, Services, or Software.
  16. You may not use any robot, spider, or other automatic device, nor may you use any manual process, to monitor materials available through the Site, Services, or Software.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of OnCard.

G. MEMBER COMMENTS, FEEDBACK, AND SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other information disclosed, submitted, conveyed or offered to OnCard on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site, Services or Software, or your registration for the Services and/or Software (collectively, the "Comments") shall be and remain OnCard’s property and may be reprinted by OnCard without your permission. Such disclosure, submission or offer of any Comments shall constitute an assignment to OnCard of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, OnCard will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. OnCard is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any of your Comments.

You agree that no Comments or any other submission submitted to OnCard will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments or other submission submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

OnCard assumes that you are the owner of, and/or have received all appropriate consents from the owners of, any and all material, information, intellectual property in any form, or other data you make available to OnCard. You are responsible for ensuring that the owner of the information has given you the permission to make the information available to other parties, whether to the general public or to specific groups or individuals. This permission must be royalty-free and grant the person(s) who see the information the non-exclusive right-to-use, transmit, modify, or display it.

H. REGISTRATION OF GROUPS/ORGANIZATIONS FOR CHARITABLE CONTRIBUTIONS

To the extent that you opt to register a group or organization for inclusion in a list of potential groups for charitable contributions, such registration is subject to OnCard's approval. OnCard shall have the right, but not the obligation, to reject or renege registration of any group or organization that it, in its sole discretion, deems to be (a) inconsistent with its strategic mission and vision; or (b) possibly in violation of applicable law. Please notify us at info@oncardmarketing.com of any groups or organizations that have been approved for registration by OnCard that you believe might violate applicable law. OnCard reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit OnCard's response to a future complaint. You acknowledge and agree that allowing registration of a group or organization does not indicate promotion or endorsement of that group or organization by OnCard in any way.

I. INTELLECTUAL PROPERTY RIGHTS AND NOTICES.

All contents of OnCard’s Site, Services, and Software including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content") are: Copyright © 2006-07 OnCard Marketing, Inc., and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web sites or other networked computer environment) without the express prior written consent of OnCard and/or it suppliers, affiliates, or licensors. All rights reserved.

iBakeSale, iBakeSale.com, the iBakeSale logo, OnCard, OnCard Marketing, OnCardMarketing.com, and the OnCard logo are including without limitation, either trademarks, service marks or registered trademarks of OnCard, and may not be copied, imitated, or used, in whole or in part, without OnCard’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

OnCard may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services and/or Software. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.