terms of use

1.Welcome!

Welcome to MYA Cards. This website and service is owned and operated by MYA Cards LLC (“MYA Cards”, “us”, “our” or “we”). The following are the terms and conditions of use (“Terms”) that govern the use of our websites located at https://myacards.com/ and any other website where we post these terms (the “Services”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SERVICES OR MAKING ANY PURCHASE ON OR THROUGH THE SERVICES. BY CONTINUING TO USE THE SERVICES, OR OTHERWISE USING OUR SERVICES, YOU AGREE TO THESE TERMS. Certain areas of the Services may contain or require additional terms and conditions, including any purchase terms and conditions provided by a MYA Cards retailer or other third party.

2.Arbitration and Class Waiver Notice

Please note that these Terms contain an arbitration clause and class action wavier (see “Dispute Resolution, Arbitration, Class Waiver” section below). Through your agreement to these Terms, and except as provided below: (i) you and MYA Cards agree to resolve through binding, individual arbitration, and not in court, any and all disputes arising from or relating to these Terms, the Services, or any other services or products provided, sold, purchased, managed, operated, or fulfilled by MYA Cards; and (ii) you and MYA Cards each expressly waive any rights to enforce this agreement in court or as a class, subject to the limited exceptions described below. THIS MEANS THAT ALL DISPUTES WILL BE DECIDED BY AN ARBITRATOR AND YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY. AS WELL AS THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

3.Generally

By using the Services, you represent that you are at least 18 years of age or, if under the age of 18, you have the consent of your parent or legal guardian to use the Services. If you do not meet these requirements or do not agree to these Terms, please do not use the Services. We reserve the right, at our discretion, to alter or remove contents or features on the Services, as well as change, modify, add, or remove portions of these Terms at any time. This may include initiating or changing fees or charges for use of the Services or portions thereof.

Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting a revised version of these Terms on the Services. Please check these Terms periodically for changes. Your continued use of the Services following the posting of changes to these Terms will mean you accept those changes. You can tell the most recent version of the Terms by looking at the effective date.

4.About our Services

MYA Cards is a real-world prehistoric trading card game with online services for players to claim cards, verify the authenticity of their cards and manage Card collections. Players may use the Services to enter the unique code of each card to verify the authenticity of the card and to manage their collections. The online services are integrated with the MYA Cards’ Private Blockchain.

MYA Cards is not a wallet provider, exchange, broker, dealer, financial institution, payments processor, money services business, or creditor. MYA Cards provides a blockchain based web3 service that helps users authenticate and store the digital elements of their MYA Cards on the MYA Cards Private Blockchain. We do not execute or effectuate purchases, transfers, or sales of NFTs.

5.ACCESSING THE SERVICE

Registrations and transactions conducted on your account on the Service (“Account”) will be recorded on the MYA Cards Private Blockchain. This creates a permanent record. You acknowledge that your registration and recordation of your Card or transactions results in the creation of an immutable record which may not be deleted at your request so as to ensure the integrity of the Service.

Your Account on MYA Cards will be associated with your linked blockchain address and display the MYA Cards associated with your Account. You agree to immediately contact us if you discover or otherwise suspect any security issues related to the Service or your Account.

6.Third-Party Services and Content

Our Services are intended primarily for informational purposes. We provide information about MYA Cards and we may provide links for you to third party retailers. Your use of these features and other content or services provided by third parties—including third-party links to other websites on the internet—are not governed by these Terms. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site or service, or any use of your information by those third parties. You further acknowledge that any reliance on representations and warranties provided by any party other than MYA Cards will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party or use of your information by those third parties. Your use of those third-party websites and services is subject to the terms of use and privacy policies posted on each site or service, and we encourage you to review those terms of use and privacy policies.

7.Ownership; INTELLECTUAL PROPERTY

We are the owner or licensee of the Services, the MYA Cards Private Blockchain, any copyrightable or other intellectual property rights in and to our Cards, including digital versions or representations thereof, and any other representations of copyrighted material on the Service (collectively, “Trading Card Assets”), any content contained on the Services (which includes, without limitation, all graphics, text, images, photographs, videos, illustrations, and the design, selection and arrangement thereof) (“Content”), as well as the software (including any images or files incorporated in or generated by the software), underlying code, and data accompanying the software for the Services (collectively, the “Software”). The Services, Trading Card Assets, Content and Software (“Our IP”) are protected by copyright, patent and/or trademark and/or other proprietary intellectual property rights, which are owned or licensed by us (or our suppliers), and are protected under United States and international intellectual property laws.

The trademarks, logos, and service marks displayed on the Services (collectively the “Trademarks”) are the registered and unregistered trademarks owned by us or by our licensors, service providers and or others that have granted us permission to use such Trademarks. You may not use the Trademarks in connection with any product or service that is not offered by us, and users are not granted any license or right to use the Trademarks for commercial or any unauthorized purposes.

By using the Services, you acknowledge that you do not acquire any ownership rights in or to our IP. Our IP may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors. You may not copy, download, frame, distribute, sell, use, transmit, alter, modify or adapt the Our IP or any portion thereof, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it, or otherwise using it for commercial purposes, without our express prior written consent and that of any third party licensor, except and solely to the extent such restrictions are prohibited, or you have an express, non-waivable right to such uses under applicable law.

We and/or our suppliers (as the case may be) retain all right, title, interest and intellectual property rights (including any copyrights, trademarks, patents, trade secrets or other intellectual property) in and to Our IP.

In particular, you may not make unauthorized copies of any Trading Card Assets, access elements of the Trading Card Assets to which you have not been granted access, or otherwise misrepresent your ownership of or the nature of any Cards through the Service. We reserve the right to terminate end-user accounts or account credentials and your access to the Service if you make, or attempt to make, any unauthorized uses of the Trading Card Assets or Our IP, and you acknowledge that data on the MYA Cards Private Blockchain may be retained notwithstanding such account termination, in MYA Cards sole discretion.

8.Feedback

We welcome your comments and feedback about our IP. All information and materials submitted to MYA Cards through the Services or otherwise to us in relation to Our IP, such as any comments, feedback, ideas, questions, designs, data, user content, or the like regarding or relating to the Service or the business of MYA Cards (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but MYA Cards reserves the right to treat any such Feedback as the confidential information of MYA Cards.

By submitting Feedback to MYA Cards, you assign to the Company Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Company Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, and otherwise developing and protecting Our IP using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.

9.Your Material

You grant MYA Cards a non-exclusive, royalty free, fully paid, perpetual, worldwide license to any material you post or make available on or through the Services (“User Content”) and any intellectual property rights therein, to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content.

You acknowledge and agree that MYA Cards may use certain information within User Content or other data collected from and about you and your usage of the Services for the purpose of providing or offering information to its affiliates, partners, agents, or other third parties, as set forth in the MYA Cards Privacy Policy .

10.Copyright Complaints and Copyright Agent.

MYA Cards respects the intellectual property of others and expects our users to do the same. If you believe, in good faith, that any materials provided on or in connection with the MYA Cards Platform infringe upon your copyright or other intellectual property right, please send the following information to MYA Cards at admin@myacards.com:

• A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the MOGL Platform where the material you claim is infringed is visible. Include enough information to allow MOGL to locate the material, and explain why you think an infringement has taken place;
• A description of the location where the original or an authorized copy of the copyrighted work exists—for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
• Your name, address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• Your electronic or physical signature as the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

11.Limited License; Restrictions

We provide Our IP to you for the purposes of providing you with information MYA Cards, the ability to manage your Card collection, and so that you may use the Services and features thereof for your own personal use, subject to these Terms. You are granted a limited license to access and use our Services, and download copies of materials we make downloadable to a single personal computer, and to print a hard copy of the materials contained on the Services, solely for your personal, non-commercial use, and provided all copyright, patent, trademark and other proprietary notices are left intact. You are not permitted to use, reproduce, modify, display, publicly perform, distribute, or create derivative works of Our IP in any other media, by any means and for any purpose without our prior written permission. In all cases , MYA Cards must be acknowledged as the owner (or licensee) and source of the material.

The grant of this limited license is conditional upon your agreement to and full compliance with these Terms. Any other use of Our IP, including use on any other website, reproduction (for any purposes other than those noted above), modification, distribution, or republication, without our prior written permission is strictly prohibited, and is a violation of our proprietary rights and/or the rights or our licensors.

12.Code of Conduct

On the Services, we may enable users to post comments, content, or interact with others. You may not use the Services to:

• defame, abuse, harass, harm or threaten others;
• make any bigoted, hateful, or racially-offensive statements;
• advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person;
• post or distribute any material that infringes and/or violates any right of a third party or any law;
• post or distribute any vulgar, obscene, discourteous, or indecent language or images;
• advertise or sell to or solicit others;
• use the Services for commercial purposes of any kind;
• post or distribute any software or other materials that contain a virus, worms, Trojan horses, defects, date bombs, time bombs or other harmful component;
• post material or make statements that are not appropriate to the content of the Services;
• restrict or inhibit any other user from using and enjoying the services or features of the Services;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content displayed by, or transmitted over, the Services;
• transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including us or any of our employees, including improper use of passwords, pass codes, pre-sale codes or discount codes if you are not the original recipient of such code;
• use the Services or any materials contained on the Services for any unlawful or commercial purpose;
• interfere with or disrupt any servers or networks used to provide the Services or any features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Services;
• gain, or attempt to gain, unauthorized access to the Services, or any account, computer system, or network connected to the Services, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means.
• obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services;
• gather any email addresses or other personal information that has been posted by other users of the Services for marketing or for commercial or other improper purposes;
• “Frame” or “mirror” the Services, or any part thereof; or
• use any automatic means (e.g. robot, spider, offline reader, the Services search/retrieval application or other manual or automatic device or process) to (a) retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Services or any content or (b) to make multiple and repetitive inquiries to access, reload or “refresh” transactional pages. The only exception relates to public search engines used solely to create publicly available search indices (which we may revoke such rights at any time in our sole discretion).

While using the Services, you agree to comply with all applicable laws, rules and regulations. Please let us know if you believe someone is violating the Code of Conduct.

To use certain features of the Services, you may need a username and password, which you may receive through the account registration process. You must provide us with accurate, complete, and updated registration information. You are responsible for maintaining the confidentiality of the password and account, so please do not give out your password to anyone. You are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us in writing immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. We may refuse registration or cancel an account or deny access to the Services in our sole discretion.

It is our policy to respect the privacy of all customers. We will use information we collect in variety of ways, subject to our Privacy Policy.

We reserve the right (but have no obligation) in our sole discretion to remove or edit content from the Services at any time and for any reason. You agree that the exercise by MYA Cards of such discretion shall not convert or transform User Content to Content owned or provided by MYA Cards, and the user who made such User Content available on the Services will retain ownership thereof as described below. With respect to any information you provide to MYA Cards, including personal data and information, you agree and accept that MYA Cards may retain, maintain and/or disclose such information and User Content in accordance with our Privacy Policy.

By uploading or submitting any materials to us or the Services, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.

13.Termination and Suspension

You agree that we may, under certain circumstances and without prior notice, immediately terminate your account with us. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of our Services, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the services provided by us. Termination of your account with us may involve (i) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (ii) barring of further use of any Services provided by MYA Cards. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or access to the services provided by us.

Without limiting any other remedies that we may have available at law or in equity, upon our confirmation that you have breached any provision of this Agreement or the agreements referenced in this Agreement, we may, without notice, cancel any pending transaction you may have with us, charge you the sales fee associated with the canceled transaction and restrict or deny your access to our website and services, including any services that we provide through channels other than the Internet.

14.Modifications and Interruption to Service

MYA Cards reserves the right to stop providing all or any portion of the Services with or without notice to you. MYA Cards shall not be liable to you or any third party should MYA Cards exercise its right to stop providing the Services. You acknowledge and accept that MYA Cards does not guarantee continuous, uninterrupted or secure access or use of the Services and operation of the Services and may be interfered with or adversely affected by numerous factors or circumstances outside of MYA Cards’ control.

15.Disclaimer of Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MYA CARDS, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITES. YOU expressly UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. OUR SITES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SITES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS, OR LOSS OR MISUSE OF PAYMENT OR FINANCIAL ACCOUNT DATA. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU EXCEED $100.00. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

NOTICE FOR CALIFORNIA USERS. UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, SERVICE USERS ARE ENTITLED TO THE FOLLOWING SPECIFIC CONSUMER RIGHTS NOTICE: THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER SERVICES OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS MAY BE CONTACTED IN WRITING AT 1625 NORTH MARKET BLVD., SACRAMENTO, CA 95834, OR BY TELEPHONE AT (916) 445-1254 OR (800) 952-5210.

16.Indemnification

You agree to indemnify and hold the Company Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your use of the Services, posting of any content on our Services, or other use of our Services in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party’s intellectual property or other rights by you or another user of our Services using your computer, mobile device or account.

17.Links/Framing

The Services contain links to other websites. We provide such links for your convenience only, and we are not responsible for the content in any website linked to or from the Services. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such websites, and that such websites will be free of viruses or other harmful elements. You may establish a hypertext link to the Services so long as the link does not state or imply any sponsorship of your website by us. However, you may not, without our prior written permission, frame or inline link any of the content of the Services, or incorporate into another website or other service any of our material, content or intellectual property.

18.Governing Law

Except (i) where prohibited by local law applicable to you; (ii) to the extent you have specific rights under local law that may not be waived: these Terms shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Singapore. With the exception of any matters subject to arbitration as described below, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the courts located in Singapore, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

19.Dispute Resolution, Arbitration, Class Waiver

Notwithstanding Section 18, and except and solely to the extent prohibited by law:

If you are a user in the United States: (1) these Terms shall be governed by the Laws of California; (2) any and all disputes and causes of action arising out of or connected with our Services shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office in San Francisco, California; (3) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (4) judgment upon any arbitration award may be entered in any court having jurisdiction. Under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than your actual out-of-pocket expenses and you further waive all rights to have damages multiplied or increased. You further agree that any and all disputes, claims and causes of action arising out of or connected with your use of the Services shall be resolved individually, without resort to any form of class action. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. You and we must file in arbitration any claim or dispute (except intellectual property disputes) within one year from when it first could be filed. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts shall proceed in court, with the remainder proceeding in arbitration. If any other provision of these provisions regarding arbitration is found to be illegal or unenforceable, that provision will be severed but the rest of these provisions shall still apply.

If you are a user outside the United States: will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre under the Arbitration Rules of the Singapore International Arbitration Centre in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Singapore. There will be one arbitrator only. The arbitration proceedings will be conducted in English.

20.Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. By using any of our Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

21.Amending the Terms of Use

We may add to, change or remove any part of these Terms at any time, without notice. Any changes to these Terms or any Terms shown on the Services apply as soon as they are shown. By continuing to use the Services after any changes are posted, you are indicating your acceptance of those changes. It is therefore your responsibility to check these Terms each time you use the Services, so that you can take note of any amendments we may make. We may add, change, discontinue, remove or suspend any other content displayed on the Services, including features and specifications of products and services described or depicted on the Services, temporarily or permanently, at any time, without notice and without liability.

22.Miscellaneous

Any waiver of any provision of these Terms must be in writing, and must be signed by the party waiving its rights in order to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these Terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions. These Terms represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and us.

23.Notices

Unless otherwise provided for herein, all notices regarding any matter pertaining to this Agreement, or the policies referenced herein, including any notice of claim, summons or subpoena will be given by first class mail or courier, postage or air bill prepaid, and sent to: Legal Department MYA Cards LLC, 340 E Middlefield Rd, Mountain View, CA 94043. Notice will be deemed effective three (3) days after deposit with the United States Postal Service or courier. In addition, we may provide notice to you by either email or Certified Mail, postage prepaid and return receipt requested, sent to the physical or email address you provided us during any transaction conducted with us. Notice will be deemed effective twenty-four (24) hours after the sending of an email (unless returned due to an invalid email address) or three (3) days after mailing.

24.Consent to Electronic Communications

You agree that MYA Cards may communicate with you electronically regarding your use of the Service and related matters, and that any notices, agreements, disclosures or other communications that MYA Cards sends to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent to your receipt of electronic notice, please notify us at admin@myacards.com.

25.Contact Information.

If you have any questions regarding these Terms, please contact us at admin@myacards.com or by mail at: