Terms of Use

Welcome to ShoCard, Inc. (“ShoCard,” “we,” “us” or “our”). ShoCard provides a fast and secure method for you to verify your identification with other users and businesses. This means that, upon verification of your identity, the Service (defined below) will create a secure token based on blockchain technology (a “ShoCard Token”), which you can use with our partners to verify your identity without transmitting any Personally Identifiable Information (PII) to such partners.

These Terms of Service cover the terms and conditions that apply to your use of the ShoCard website and the ShoCard iOS and Android mobile applications (the “Apps”), including any content or services accessible therefrom (the “Services”).

By accessing and/or using the ShoCard website or the Apps you agree to be bound by all of the following terms and conditions. If you do not agree to be bound by all of the terms and conditions contained herein, you are forbidden to use or access the ShoCard website, the Services or the Apps. We reserve the right to change the Terms of Service at any time. By continuing to use the Service following such changes, you agree to be bound by the new Terms of Service.

The use by you of any content or services accessible through the Service may be subject to your acceptance of separate agreements with other third parties.

The ShoCard website, Apps, logos, marks and Service are the property of ShoCard and are protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy distribute, transmit, display, publish, sell, license, create derivative works or otherwise use the ShoCard website, Apps or Service or any information available on the website or through the Apps for commercial or public purposes.

The ShoCard Service and the Apps are services, which are provided to you to a) identify you with third parties through the use of the ShoCard Apps; and/or b) upon your direction, share your PII with third parties that you direct us to share it with. In the event that you have a dispute with any third party, you agree to release, indemnify and hold harmless ShoCard (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

You agree that ShoCard reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the ShoCard website, the Apps and/or the Service (or any part thereof) with or without notice, and you agree that ShoCard shall not be liable to you or any third party for any modification, suspension, or discontinuance thereof the Service. Without limiting any other remedies, ShoCard may suspend or terminate your account if we have a reasonable belief that you have engaged in fraudulent activity in connection with our website, the Apps or the Service.

“Your Information” is defined as any information you provide to ShoCard through the ShoCard website, the Apps or the Service. You are solely responsible for the accuracy and validity of Your Information, and we act as a conduit for distribution and publication of Your Information at your direction through the Apps.

Your Information and your activities on the ShoCard website, the Apps and the Service shall not (as determined in ShoCard’s sole discretion): (i) be false, inaccurate or misleading; (ii) be fraudulent; (iii) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) violate any law, statute, ordinance or regulation; (v) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (vi) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (vii) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

Businesses (“Partners”) that you direct ShoCard to deliver your ShoCard Token to may have independent security and data storage policies. ShoCard shall have no liability or responsibility for the retention or disclosure of information provided by you to any Partners at your direction.

Solely to enable ShoCard to use the information you supply us with to provide you the Service, you hereby grant ShoCard a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, copy, modify, distribute and publicly perform Your Information, in any media now known or not currently known. ShoCard will only use Your Information in accordance with our Privacy Policy.

Our web site contains security features and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our security features, or to interfere or attempt to interfere with the proper working of the ShoCard website, the Service or the Apps or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works of, or publicly display any content (except for Your Information) from our website, the Service or the Apps without the prior expressed written permission of ShoCard.

You will be responsible for the confidentiality and use of login information including username, and password. You agree immediately to notify ShoCard if you become aware of any loss or theft or unauthorized use of any of your Access Information.

Without limiting other remedies, ShoCard may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access and refuse to provide the Service to you if ShoCard believes in its sole discretion: (a) that you have breached these Terms of Service or the documents it incorporates by reference; (b) that ShoCard is unable to verify or authenticate any information you provide to us; or (c) that your actions may cause financial loss or legal liability for you, our users or us.

YOUR USE OF THE SHOCARD WEBSITE, THE APPS AND/OR SERVICE IS AT YOUR SOLE RISK. THE SHOCARD WEBSITE, THE APPS AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SHOCARD MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.

IN NO EVENT SHALL SHOCARD BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS, OR OTHER DATA) THAT RESULT FROM BREACH OF CONTRACT, BREACH OR WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, ACCESS TO, USE OF, OR INABILITY TO USE THE SHOCARD WEBSITE, THE APPS OR THE SERVICE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF SHOCARD WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SHOCARD AND YOU. THE SHOCARD WEBSITE, THE SERVICE AND THE APPS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

IN ANY EVENT, UNDER NO CIRCUMSTANCES SHALL SHOCARD BE LIABLE FOR ANY LOSS, COST, EXPENSE, OR DAMAGE TO YOU OR ANY THIRD PARTY THAT EXCEEDS THE AMOUNT ACTUALLY PAID FOR THE SERVICE PROVIDED TO SUCH PARTY FOR THE IMMEDIATELY PRECEDING 12 MONTHS.

ShoCard shall not be liable for any loss resulting from a cause over which ShoCard does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems; bugs, errors, configuration problems or incompatibility of computer hardware or software; failure or unavailability of Internet access; problems with Internet service providers or other equipment or services relating to your computer; problems with intermediate computer or communications networks or facilities; problems with data transmission facilities or your telephone or telephone service; or unauthorized access, theft, operator errors, severe weather, earthquakes or labor disputes. ShoCard is not responsible for any damage to your mobile device, computer, software or other property resulting from your use of the ShoCard website, the Apps or the Service.

You agree to indemnify and hold ShoCard harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of the Terms of Service or your violation of any law or the rights of a third party. This obligation will survive the termination of Service.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.

You and ShoCard are independent, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service.

You agree that at the election of ShoCard any controversy or claim arising out of or relating to this site and the Service, excluding legal action taken by ShoCard to collect fees and/or recover damages for or to obtain an injunction relating to, the ShoCard website, the Apps or the Service, shall be settled by binding arbitration in San Francisco, California in accordance with the commercial arbitration rules of the American Arbitration Association and judgment entered upon the award by the arbitrator may be entered in any court having jurisdiction thereof. Sole and exclusive jurisdiction and venue for any action for equitable or injunctive relief (or any other claim, at ShoCard’s election) shall be in the appropriate state court in San Francisco County, California or the United States District Court for the Northern District of California. You expressly submit the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

If any provision of this Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Terms of Service and all incorporations may be automatically assigned by ShoCard, in our sole discretion, to a third party in the event of a merger or acquisition. Our failure to act with respect to a breach by you or others does not act as a waiver of any rights or to waive our right to act with respect to subsequent or similar breaches. The Terms of Service sets forth the entire understanding and agreement between us with respect to the subject matters hereof and shall survive any termination or expiration of this Agreement.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the ShoCard website, the Apps and the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or forever be barred.

The validity and interpretation of this Terms of Service and the rights and obligations of the parties shall be governed by the substantive laws of the State of California, USA.

Copyright © 2016 All Rights Reserved.