TERMS OF USE

Thank you for visiting our website, mobile application, and/or other platforms (the “Platforms”). Augmented Cards Inc. (“AC” “we,” “our,” “us”) values and respects you, and these Terms of Use (the “Terms of Use”) are intended to form the foundation of the governing items with respect to your use of the Platforms. We may update this Terms of Use at any time. Your use of the Platforms signifies your consent to be legally bound by both these Terms of Use and our Privacy Policy. If you do not agree to either the Terms of Use or the Privacy Policy, please refrain from using or installing the Platforms. AC is committed to complying with all applicable laws and regulations governing the content of the Platforms and services provided by AC.

NOTICE TO MINORS
AC aims to fully comply with all federal laws and, thus, at a minimum, you must be over sixteen (16) years of age to use the Platforms. No one sixteen (16) years of age or under may provide any personal information. AC does not knowingly collect personal information from children of the age of sixteen (16) or under.

If you are sixteen (16) years of age or under, please do not send any information about yourself to us, or to anyone else through the Platforms. Personal information includes, but is not limited to, your name, address, telephone number, and/or email address. If we discover any personal information from anyone sixteen (16) years of age or under, we will immediately delete that information per the requirements of the Children’s Online Privacy Protection Act and any other applicable laws. If you believe we have received information from or about a child sixteen (16) years of age or under, please contact us at support@augmentedcards.com with the subject heading Privacy Policy.

ACCOUNTS
In order to use certain features of the Platforms, you may need to create an account. If the Platforms require you to create a user account, you are only to use your user account and not the user account of another without their permission.

You agree that you shall immediately notify AC of any unauthorized use of your username, password, or any other breach of security whatsoever. In order to safeguard your security, the security of the Platforms, and the user experience of others, you agree to log out of your account at the end of each session on the Platforms. Please remember to exercise particular caution when accessing your account from a public or shared computer so others are not able to view or record your password or other personal information.

As you browse the Platforms, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platforms that all the information you provide on the Platforms is correct, current, and complete.

We reserve the right to disable any user identification code, username, or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have failed to comply with any provision of the Terms of Use, Privacy Policy, or any other applicable agreement, law, or regulation.

TERMINATION
You may terminate your use of the Platforms and your account at any time by closing your AC account and/or ceasing your access to the Platforms and your account. AC reserves the right to terminate your use of the Platforms and/or account at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most AC account suspensions and terminations are the result of violations of the Terms of Use. In case of minor violations of these rules, AC may provide you with a prior warning and/or suspend your use of the AC account due to your non-compliance prior to terminating the Agreement or modifying or deleting an AC account.

In the event of a termination of your account, any right you may have had to any virtual goods, promotional codes, coupons, discounts, and other related promotions, are forfeited, and you agree and acknowledge that you are not entitled to any refund, if any, for amounts which were on your AC account prior to any termination of your account. In addition, you will not be able to use the Platforms.

MOBILE APPLICATIONS
From time to time, we may offer mobile applications for public consumption and/or download (the “Apps”). Please note, Apple, Inc. and Google, Inc. or any other third-party provider for the Apps may have separate Terms of Use, which must be followed. You should always read and understand the policies of any third-party provider before making any purchase or downloading any of the Apps.

PAYMENT TRANSACTIONS
If you wish to purchase any product or service made available through the Platforms (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your name, credit card number, the expiration date of your credit card, bank account information, your billing address, insurance options, and your shipping information/options. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, you expressly grant to AC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, videos, references, features, content, specifications, products, and prices of products and services described or depicted on the Platforms are subject to change at any time without notice. Certain information and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Platforms does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product or service purchased from the Platforms. By registering as a user and/or purchasing any products or services on the Platforms, you represent that the products or services ordered will be used only in a lawful manner. AC reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any discount, introductory offer, coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
You agree that by placing an order on the Platforms, you are entering into a binding contract with AC and agree to pay all charges that may be incurred by you or on your behalf through the Platforms, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

RETURN AND REFUND POLICY
Any goods and/or services purchased from AC may not be returned for credit or refund except with AC’s permission, and then only on a case-by-case basis. If you have any questions regarding our return and refund policy, please e-mail: support@augmentedcards.com.

INTELLECTUAL PROPERTY OWNERSHIP
Unless otherwise noted, all content on the Platforms, including any names, logos, trademarks, service marks, brand identifiers, copyrights, trade dress, and/or other intellectual property appearing on the Platforms, including the organization, compilation, look and feel, illustrations, graphics, artworks, videos, music, software, and other works of the Platforms (the “Works”) are owned by AC, or used with permission of the third party (the “Owners”), and are protected under copyright, trademark, and other intellectual property and proprietary rights laws. All right, title, and interest to the Works remain with AC and/or the Owners. Nothing herein shall be interpreted to grant you a license to use any of the Works without AC’s and/or the Owner’s permission. You may not modify, copy, distribute, republish or upload any of the material on the Platforms in any way unless you obtain the prior written consent of AC.

OPTIONAL THIRD-PARTY TOOLS
We may provide you with access to third-party tools, which we neither monitor nor wield any control or input. You acknowledge and agree that we provide access to such tools on an “AS IS” and “as available” basis without any warranties, representations, or conditions of any kind, and without any endorsement. You also acknowledge and agree that AC does not have any liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Platforms is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Platforms (including, the release of new tools and resources), and such new features and/or services shall also be subject to these Terms of Use.

CONTENT FROM THIRD PARTIES
Any and all content from third parties is for informational purposes only and AC does not verify the accuracy or truthfulness of any material. AC does not independently verify the accuracy or truthfulness with respect to the operation of any of the locations identified in the Platforms, including the hours of operation, availability of certain products/services, or otherwise.

CONTENT POSTED BY USERS
Any and all content, including user generated content (e.g. videos, photos, replies, recommendations, feedback, testimonials, questions, comments, social media postings, custom fields, and other related content), posted by you to the Platforms, to AC’s social media pages, mobile application and mobile store pages, or any other area to which you may have access to or the ability to post content, must comply with these Terms of Use, the Privacy Policy, any other agreement controlling your relationship with AC, and any applicable federal, local, or state laws and regulations.

By using the Platforms, you are agreeing to these Terms of Use, and warrant that: (i) you have obtained the necessary permissions of any and all third parties for content posted by you; (ii) to the best of your knowledge, any and all content posted by you is truthful and accurate, and not misleading in any manner; and (iii) you are not violating any law, regulation, code, or otherwise in your posting of the content, including intellectual property, right of privacy, and defamation.

You further agree to indemnify, defend, and hold harmless AC from any and all liability, claim, cause of action, loss, or damages resulting from content you post to the Platforms, to AC’s social media pages, mobile application and mobile store pages, or any other area to which you may have access to or the ability to post content.

You hereby grant an irrevocable, fully prepaid, perpetual license to AC to use anything posted by you to the Platforms.

RESTRICTIONS ON USE
You are permitted to use the Works and/or any services and products on the Platforms for lawful purposes as provided in these Terms of Use; any other use or misuse of any of the Works is strictly prohibited. AC grants you a non-exclusive, limited, personal, non-transferable, revocable license to access and use the Works, without right to sub-license, under the following conditions: you shall not, without AC’s express written consent: (i) copy, re-transmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Works, or modify or re-use all or any part of the Works; (ii) use any trade name, trademark, or brand name of AC in metatags, keywords, and/or hidden text; (iii) create derivative works from the Works or commercially exploit the Works, in whole or in part, in any way; and (iv) use the Platforms, the Works, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution, or statement as to AC, the Owners, or any third party referenced therein. AC reserves all other rights.

You shall not alter, remove, or obscure any copyright notice, digital watermarks, trademark notices, proprietary legends, or any other notice included in the Works. Except as expressly provided herein, nothing on the Platforms shall be construed as granting or conferring any license under AC’s and/or the Owners’ intellectual property rights, whether by estoppel, implication, or otherwise. Notwithstanding anything herein to the contrary, AC may revoke any of the foregoing rights and/or your access to the Platforms, or any part thereof, including blocking your IP address, at any time without prior notice.

SOCIAL MEDIA AND LINKED SITES
From time to time, the Platforms may include features and functionality that allow you to interact with other sites that are not under our control (“Linked Site”), including various social media pages (“Social Media Site”). AC provides these features, functionality, connections, and links to you as a convenience and does not endorse or control or guarantee the products, services, promotional codes, coupons, or any other related promotions of any Linked Site or Social Media Site. AC is not responsible for the contents or transmission of any Linked Site or Social Media Site, or for the terms of use or privacy policy, of any Linked Site or Social Media Site. You should carefully read the policies for the sites you visit. If you have any questions or concerns about the products, services, promotional codes, coupons, or any other related promotions offered on linked third party websites, you are responsible for directly contacting the applicable third party regarding any such issues. Under no circumstances are you authorized to make any claim regarding AC or any of its products on any Social Media Site regardless of any material connection you may have with AC or your receipt of any consideration. If you make any claim regarding AC or any of AC’s products or services on a Social Media Site in violation of the foregoing, you, and not AC, shall be solely responsible and liable therefore.

NO SOLICITATION, OFFER, OR ADVICE
Advertising and related information on the Platforms is not intended to constitute an offer to sell or a solicitation or recommendation of any particular product, service, promotional code, coupon, or any other related promotion by AC.

SUBMITTED IDEAS
Any ideas, comments, suggestions, notes, drawings, concepts, user generated content, or other information submitted to AC, whether through the Platforms or by other means, shall be deemed to be non-confidential and non-proprietary. AC does not owe you any confidentiality or nondisclosure, express or implied. AC shall be entitled to unrestricted use of the idea, comment, suggestion, note, drawing, concept, or other information for any purpose whatsoever, commercial or otherwise, without compensation to you.

COMMUNITY GUIDELINES
The Platforms, Linked Sites, and Social Media Sites may include the ability to post comments or otherwise engage in communications with third parties through bulletin boards, chat rooms, blogs, comment sections, and/or other community forums (the “Community Forums”). The following governs the use of the Community Forums:

  • AC will monitor the Community Forums on a regular basis for violations of these Terms of Use, violation of the Privacy Policy, or any illegal content.
  • AC will not act as an arbiter for any dispute or disagreement between users and shall have no liability to you for any content posted in the Community Forums and is under no obligation to edit or modify information available in the Community Forums.
  • AC reserves the right, in its sole and complete discretion, to refuse to post, or remove, any material submitted to the Community Forums.
  • You acknowledge and agree that AC may store any material posted to the Community Forums. You further acknowledge and agree that AC may use material posted by you in the Community Forums for any purpose whatsoever, including but not limited to incorporating the submission into content that may be commercial in nature.
  • Prohibited Statements – you are expressly prohibited from submitting any of the following:
    • Any submissions that disparage competitive products, is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.
    • Any submission that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, material that depicts child pornography, acts of violence, drug use, or would violate the regulations of the U.S. Securities and Exchange Commission, or any rules of a securities exchange.
    • Any submission that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party.
    • Any submission that impersonates any person or entity, or otherwise misrepresents your affiliation with a person or entity.
    • Unsolicited promotions, political campaigns, advertising, or solicitations.
    • Private information of any third party, including without limitation, addresses, phone numbers, email addresses, social security numbers, credit card numbers, or any other similar piece of information.
    • Viruses, spyware, Trojans, corrupted data, or any other harmful, disruptive, or destructive files.
    • Any other submission that, in AC’s sole and complete discretion, is inappropriate or objectionable, or which restricts or inhibits any other person from using or enjoying the Platforms, or which may expose AC or its users to any harm or liability of any type.

NO ARCHIVE
The Platforms is not and shall not function as an archive. AC shall have no liability to you or any other person for loss, damage, or destruction to any submission. You shall be solely responsible for maintaining independent archival and backup copies of any submission.

DISCLAIMERS
Without limiting anything herein, the Platforms, its content, and all of its features, are provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind with respect to the Platforms, its content, and of its features, either express or implied, including but not limited to fitness for a particular purpose, title, or non-infringement. No advice or information, whether oral or written, obtained by you from AC shall create any warranty, representation, or guarantee not expressly stated herein. Additionally, AC does not make any warranties that the Platforms will be secure, error free, that defects will be corrected, or that the Platforms or the server that makes it available is free of viruses or other harmful components, or otherwise meet your expectations. AC does not warrant that the Platforms, its content, or features are correct, accurate, or reliable. AC reserves the right to change any part of the Platforms at any time without notice.

LIMITATION OF LIABILITY
Your use of the Platforms is at your own risk. AC, its affiliates, and the respective officers, directors, agents, and representatives will not be liable to you, or any third party, for any damages, direct or indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit, or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Platforms, or arising out of any action taken in response to or as a result of the Works, or other information available on the Platforms, however caused, whether based on breach of contract, tort, proprietary rights infringement, product liability, or otherwise. The foregoing shall apply even if AC was advised of the possibility of such damages. If you become dissatisfied in any way with the Platforms, the Terms of Use, or the Privacy Policy, your sole and exclusive remedy is to stop your use of the Platforms and its services. You hereby waive any and all claims against AC, its affiliates, officers, directors, agents, representatives, and licensors arising out of your use of the Platforms. If any portion of this limitation on liability is found to be invalid or unenforceable, then the aggregate liability of AC, its affiliates, and the respective officers, directors, agents, and representatives shall not exceed one hundred dollars ($100). The Platforms would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers, and exclusive remedies herein will survive even if found to have failed their essential purpose.

NO FRAMINING OR LINKING
Framing, in-line linking, or other methods of association with the Platforms are expressly prohibited without prior written approval from AC.

INTERNATIONAL USERS
The Platforms are hosted in the United States and are intended for consumers using the Platforms in the United States. If you are attempting to access the Platforms from a physical location within the European Union, Asia or any other region with laws or regulations governing data collection, use, and disclosure that differ from the United States, please be advised that your use of the Platforms is governed by United States law, this Privacy Policy, and the Terms of Use. To the extent you provide Personal Information through the Platforms you are transferring your Personal Information to the United States and you consent to: such transfer; the application of the laws of the United States and the State of California with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Platforms; exclusive jurisdiction of the courts of the State of California.

CHOICE OF LAW AND VENUE
Any claim and/or dispute that arises from your use of the Platforms shall be decided in accordance with the laws of the State of California, by a court of competent jurisdiction located in Orange County, California, United States of America. You agree that such court shall have personal jurisdiction over you and agree to submit to the jurisdiction and venue of such courts, and waive any objections based on inconvenient forum.

ABILITY TO ACCEPT TERMS OF USE
You affirm that you are more than the legal age in the territory in which you reside and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

RELATIONSHIP
You acknowledge and agree that no confidential, fiduciary, contractually implied or other relationship is created between you and AC by your use of the Platforms other than as strictly defined pursuant to the Terms of Use and any subsequent written agreement (such as a Retainer Agreement) entered into with AC.

NO WAIVER
AC’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

CHANGES AND UPDATES
We may revise these Terms of Use from time to time. Your use of the Platforms following any revised Terms of Use shall be deemed an acceptance of the revised policy. We recommend you review these Terms of Use from time to time to stay updated. We will make a commercially reasonable effort to obtain your consent before implementing revisions which materially affect the disclosure or use of your Personal Information. If you disagree with the terms of these Terms of Use at any time, your sole remedy is to terminate your use of the Platforms and inform us of such termination.

MISCELLANEOUS
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then it shall be construed in a manner which is valid and enforceable that is closest to the intentions set forth herein. The remainder of the Terms of Use shall remain in full force and effect.

AUDIO CONTENT

Sound effects obtained from https://www.zapsplat.com

3D MODELS

Gift theme:

  • This work is based on “gift loot box thing wip” (https://sketchfab.com/3d-models/gift-loot-box-thing-wip-d634252e1a254057ad8861b6e7786f1f) by Damco (https://sketchfab.com/jondameron5) licensed under CC-BY-4.0 (http://creativecommons.org/licenses/by/4.0/)

Easter theme:

  • This work is based on “Easter Eggs” (https://sketchfab.com/3d-models/easter-eggs-ac0b0892e538449da59f2f9beb66f855) by Render at Night (https://sketchfab.com/Render_at_Night) licensed under CC-BY-4.0 (http://creativecommons.org/licenses/by/4.0/)
  • This work is based on “Easter Bunny” (https://sketchfab.com/3d-models/easter-bunny-c7ae863c5f1d40b4b887d364ebd27c98) by Wittybacon (https://sketchfab.com/wittybacon) licensed under CC-BY-4.0 (http://creativecommons.org/licenses/by/4.0/)
  • This work is based on “rabbit_run” (https://sketchfab.com/3d-models/rabbit-run-7ab75a9c956340bbb917e5851c714536) by CGboy333 (https://sketchfab.com/James.Chen1) licensed under CC-BY-4.0 (http://creativecommons.org/licenses/by/4.0/)

Flower theme:

  • This work is based on “Blooming hibiscus time-lapse animation” (https://sketchfab.com/3d-models/blooming-hibiscus-time-lapse-animation-da147442fce045518f9e0eb6b97b3c06) by Zacxophone (https://sketchfab.com/Zacxophone) licensed under CC-BY-4.0 (http://creativecommons.org/licenses/by/4.0/)

CONTACT INFO.:
Augmented Cards Inc.
7700 Irvine Center Drive
Suite 800 PMB #188
Irvine, CA 92618
E-mail: hello@augmentedcards.com

Thank you for visiting our Platforms.
Updated: April 2022