This user agreement will be effective as to all borderless users on 11/08/2018.
We may amend this Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time it is posted. If the revised version includes a substantial change, borderless will provide you with thirty (30) days’ prior notice of any substantial change by posting notice on the Website. You agree to the new-posted Terms by continuing your use of our Website. If you do not agree with the modified Terms, your sole remedy is to discontinue using our Website.
1.0. Intellectual Property
1.1. Our Rights. You acknowledge and agree that borderless, along with our corporate affiliates, processors, partners and other licensors, own all of the text, images, software, trademarks, service marks, or other material contained on our Website. No right or interest in the software, text, trademarks, service marks, or other material on our Website is conveyed herein. All information, content, software, Website and services are protected by copyright and other intellectual property laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content available through our Website for commercial or public purposes. All copyright, trademark, intellectual and other proprietary rights notices presented on our Website must appear on all copies you print or use. You are granted limited license only for the purposes of viewing the material contained on our Website. All rights not expressly granted in these Terms are reserved.
1.2. Your Rights. We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on our Website any materials that violate another person’s intellectual property rights. If you believe that your trademark or copyright rights have been violated, please contact us at [email protected]
2.0. Prohibited Activities
In connection with your use of our Website, or through the course of your interactions with us or our third parties, you may not: (i) breach this Agreement, or violate any of our policies; (ii) violate any law, statute, ordinance, or regulation; (iii) infringe on our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; (iv) act in a manner that is defamatory, trade libelous, threatening or harassing; (v) provide false, inaccurate or misleading information; (vi) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; (vii) take any action that imposes an unreasonable or disproportionately large load on our Website or software systems (including any networks and servers) operated by us or on our behalf; (viii) facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempt to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or our Website; (ix) use an anonymizing proxy; (x) use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission, or use any device, software or routine to bypass our robot exclusion headers, or interfere or disrupt or attempt to interfere with or disrupt our Websites, software, systems (including any networks and servers) operated by us or on our behalf, or other users’ use of our Website; (xi) take any action that may cause us to lose any of the services from our internet service providers, or other Processors, suppliers or service providers; (xii) circumvent any borderless policy; or (xiii) harass and / or threaten our employees, agents or other users.
2.1. Actions We May Take. Access to certain areas of our Website are restricted and we may further restrict access by you to any areas of this Website, at any time, in our sole discretion. If we believe that you’ve engaged in any of the prohibited activities, we may take a number of actions to protect ourselves, our users and others at any time, in our sole discretion. The actions we may take include, but are not limited to: (i) limiting your access to our Website, software, systems (including any networks and servers) operated by us or on our behalf; (ii) contact other impacted parties, or law enforcement about your actions; (iii) update inaccurate information you provided us; (iv) take legal action against you.
3.0. Your Content
For the purposes of these Terms, “Content” shall mean any audio, video, text, images, or other material you choose to post or display on our Website. By posting or displaying your Content, you grant borderless a non-exclusive, worldwide, irrevocable, sub-license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your content must be original and your own and must not be invading any third-party rights or in violation of these Terms. We reserve the right to remove any of your Content from our Website at any time, for any reason, without notice.
4.0. General Provisions
4.2. Indemnity. You must indemnify us for actions related to your use of our Website. Notwithstanding the foregoing or anything to the contrary in these Terms, you agree to defend, indemnify, and hold us harmless, and our respective employees, directors, agents, affiliates and our Processors (collectively, “borderless Parties”) from and against any claim, suit, demand, loss, liability, damage, action, proceeding, or expense (including reasonable attorneys’ fees) made or incurred by any third party, arising out of or relating to: (i) your breach of any provision of these Terms; (ii) your use of our Website; (iii) negligence or willful misconduct by you, your employees, contractors, agents or Representatives; (iv) your violation of any law or the rights of a third party; (v) the actions or inactions of any third party to whom you grant permission to access our Website, software, or systems (including any networks and servers) operated by us or on our behalf.
4.3. Limitation of Liability. Our liability is limited with respect to your borderless account and your use of our Website. In no event will borderless Parties be liable for any lost profits, lost revenue, lost business opportunity, loss of data, or any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of, in connection with, or relating to these Terms (however arising, including negligence), our Website, software, or systems (including any networks and servers) operated by us or on our behalf, including without limitation the use of, inability to use, or unavailability of our Website. Under no circumstances will any of the borderless Parties be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of our Website or the data contained therein, or your failure to use or implement security, controls or processes that are appropriate for your business or person.
In addition, borderless Parties assume no liability or responsibility for any damages or losses (including, but not limited to, personal injury or property damage, loss of money, goodwill, reputation, profits or other intangible losses, or any special, indirect, or consequential damages) of any nature whatsoever, resulting directly or indirectly from: (i) your access to or use of, or your inability to use, our Website, software, or systems (including any networks or servers) operated by us or on our behalf; (ii) delays, interruptions, cessations of transmission to, or disruptions in our Website, software, systems (including any networks or servers) operated by us or on our behalf; (iii) any misuse of our Website or data; (iv) any software bugs, viruses, or other harmful or malicious code and software that may be transmitted or obtained through or by accessing our Website, software, or systems (including any networks or servers) operated by us or on our behalf, or any Website or service linked to our Website or software; (v) any errors, glitches, bugs, inaccuracies, or omissions in our Website, software, or systems (including any networks and servers) operated by us or on our behalf, data, or the information and graphics obtained from them; (vi) the content, actions, inactions, defamatory, offensive or illegal conduct of any third party; or (vii) your need to modify your practices, content or behavior as a result of the changes to this Agreement or our policies.
This limitation of liability section applies regardless of the legal theory that the claim is based on, including, without limitation, contract, tort (including negligence), strict liability, or any other basis. The limitations apply even if we have been advised of the possibility of such damage.
The foregoing will apply to the fullest extent permitted by law.
4.4. No Warranty; Disclaimer. OUR SERVICES ARE PROVIDED “AS-IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. BORDERLESS, OUR AFFILIATES, AND THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF BORDERLESS, OR OUR AFFILIATES, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not guarantee continuous, uninterrupted or secure access to any part of or operation of our Website, software, or systems (including any networks and servers) operated by us or on our behalf. These may be interfered with by numerous factors outside of our control. Certain services or functionalities may not be available to you based on residency, geographic location or other eligibility criteria. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
4.5. Release of borderless. If you have a dispute with any other borderless user, you release borderless and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release.
4.6. Entire Agreement, Severability.
(a) Entire Agreement. These Terms and all policies and procedures that are incorporated by reference constitute the entire agreement between you and us for the provision and use of our Website. Except where expressly stated otherwise in a writing executed between you and us, these Terms will prevail over any conflicting policy or agreement for the provision or use of our Website. If any provision or portion of these Terms is held to be invalid or unenforceable under law, then it will be reformed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and all remaining provisions will continue in full force and effect.
(b) Severability. In the event that any provision contained herein shall for any reason be held invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, to such extent such provision shall be deemed null and void and severed from these Terms, the remainder hereof shall remain in full force and effect and enforceable.
4.7. No Waiver. Our failure to act with respect to a breach of any of your obligations under this Agreement by you or others does not waive our right to act with respect to any subsequent breach of the same or any other provision, or similar breaches, nor shall a delay or omission to avail ourselves of any right, power or privilege that we have or may have hereunder operate as a waiver of any right, power or privilege.
4.8. Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in these Terms, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and us.
4.9. Assignment. You may not transfer or assign any rights or obligations you have under these Terms without the prior written consent of borderless. We reserve the right to transfer or assign these Terms or any right or obligation under these Terms at any time. These Terms shall inure to the benefit of all permitted successors and assigns.
4.10. Contacting Us. If you have questions concerning these Terms, you may contact us at [email protected]
(a) “Personal Information” is any information relating to an identified or identifiable natural person.
(b) “Process” or “Processing” means any operation that we perform on Personal Information.
(c) “Device” means any computer or mobile device.
(d) “Device Information” means any data that can be automatically collected from any Device used to access our website or Services. Such information may include, but is not limited to, your Device type, your Device’s network connections; your Device’s name; your Device’s IP address; information about your Device’s web browser and the internet connection being used to access our website or Services; Geolocation Information; information about apps downloaded to your Device; and biometric data (e.g., Touch ID / Fingerprint to verify your identity).
(e) “Technical Usage Data” means information we collect from your phone, computer or other Device that you use to access our website or Services. Technical Usage Data tells us how you use our website and Services, such as what you have searched for and viewed on our website, and the way you use our Services, including, but not limited to: (i) your IP address; (ii) statistics regarding how pages are loaded or viewed; (iii) the websites you visited before coming to our website and other usage and browsing information collected through Cookies.
(f) “Cookies” means any cookies and other tracking technologies. Cookies are small data files that are stored on your hard drive or in your Device memory when you visit a website or view a message.
(g) “Web Beacons” are electronic images that may be used in our Services or emails.
(h) “Geolocation Information” means information that identifies with reasonable specificity your location by using, for instance, longitude and latitude coordinates obtained through GPS, Wi-Fi, or cell site triangulation. Some Services require this information to provide a specific Service. Our Services may not function properly without this information.
Scope and Consent
Collection of Personal Information
We collect Personal Information about you when you visit our Website.
Information You Provide Directly to Us
We may collect information about you, including but not limited to:
(a) Information to Obtain Additional Services or Assistance. We may collect Personal Information from you, such as (i) email address; (ii) phone number; or (iii) mailing address when you contact us to request information about our services, register for our newsletter that we may offer, request to receive customer or technical support, or otherwise communicate with us.
(b) Public Information. Information you post on our Website will be visible to the public.
(c) Other Information. We may collect additional information from or about you when you communicate with us, contact our customer support teams, or respond to a survey.
Information We Collect From Your Use of Our Services
We collect information about you when you use our Services, including but not limited to:
(a) Device Information. We may collect specific information about the computer or mobile device used when you access our Website, including (i) your hardware model; (ii) operating system and version; (iii) unique Device identifier; (iv) internet service provider; (v) mobile network information; and (vi) information about the Device’s interaction with our Website. We may also identify other software running on the Device for anti-fraud and malware-prevention purposes, but we will not collect any content from such software. (b) Geolocation Information. Through our applications, we may collect information about the location of your Device. (c) Technical Usage Data Information. We collect Technical Usage Data and information about how you use our Website, including your access date and time, browser type and language, and Internet Protocol (“IP”) address. (d) Information Collected by Cookies and Web Beacons. We use various technologies to collect information when you use our Website, including sending Cookies to your Device and using Web Beacons. Among other things, Cookies support the integrity of our Website, retain your preferences and settings, and help evaluate and compile aggregated statistics about user activity. For more information and to learn how to block or delete Cookies used in our Website, please see the “Your Choices” section below. We may also collect information using Web Beacons. We may use Web Beacons to deliver Cookies, track the number of visits to our Website, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.
Personal Information We Collect from Other Sources
We may also collect information about you from third parties, including third party verification services, mailing list providers, merchants, and publicly available sources.
Third-Party Websites, Social Media Platforms, and Software Development Kits
Our Website may contain links to other websites, and other websites may reference or link to our Website or other services. These other domains and websites are not controlled by us, and we do not endorse or make any representations or warranties about third party websites or social media platforms. We encourage our users to read the privacy policies of each and every website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
Our Website may also contain links and interactive features with various social media platforms (e.g., widgets). If you already use these platforms, their Cookies may be set on your Device when using our Website. You should be aware that information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform, or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services, you assume the risk that the information provided by you may be viewed and used by third parties for any number of purposes.
Use of Your Personal Information
We acquire, retain, use, and Process Personal Information about you for a variety of business purposes, including to provide products, services, or requested information.
(a) Retention of Personal Information. We retain Personal Information to fulfill our legal or regulatory obligations and for our business purposes. We may retain Personal Information for longer periods than required by law if it is in our legitimate business interests and not prohibited by law.
(b) Processing Personal Information. We may Process your information to provide, maintain and improve our Website, or services, including the following:
(i) Website and Services. We may Process your Personal Information to operate our Website and provide access to certain areas, functionalities and features of our Website; deliver the information and support you request; to communicate with you about our Website or services, or borderless; and create a connection between your borderless account and a third party account or platform.
(ii) Research and Development. We may use Personal Information about you to improve, personalize and facilitate your use of our Website. We also may use Personal Information about you to perform research about how you use our Website; measure, customize, and enhance our Website, including the design, content and functionality of our Website; or to track and analyze trends and usage in connection with our Website.
(iii) Protection and Security. We may use Personal Information to manage risk and protect our Website and you from fraud by verifying your identity, and helping to detect and prevent fraud and abuse of our Website. We may also use your Personal Information to protect our rights or property, or the security or integrity of our Website; or to investigate, detect, and prevent fraud, security breaches, and other potentially prohibited or illegal activities.
(iv) Marketing. We may use Personal Information about you to deliver marketing materials about borderless products and services and the products and services of unaffiliated businesses. We may also send you news and information or conduct surveys and collect feedback about our services. We may communicate with you about products, services, contests, promotions, discounts, incentives and rewards offered by us and select partners, based on your communication preferences and applicable law. We may also Process your Personal Information to tailor certain services or Website experiences to better match our understanding of your interests. You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes as described below.
(vii) Location-specific Functions. If you share your Geolocation Information through our Website, we may use this information to enhance the security of our Website and may provide you with location-based services, such as advertising, search results, and other personalized content.
(viii) Other Purposes. We may use your Personal Information to contact you to resolve disputes, collect fees, and provide assistance for problems with our Website or your borderless account. We may also use your Personal Information to respond to your requests, for example to contact you about a question you submitted to our customer service team; or for any other purpose disclosed to you in connection with our Website.
Sharing of Information
(a) With our group companies and other affiliates. We may share your Personal Information with members of the borderless family of entities, group companies and other affiliates to, among other things, provide the services and functionalities you have requested or authorized; to manage risk; to help detect and prevent potentially illegal and fraudulent acts and other violations of our policies and agreements; and to help us manage the availability and connectivity of the borderless products, services, Website and communications; and for the purposes outlined above.
(b) With other companies that provide services to us. We may share Personal Information with third parties to provide, maintain, and improve our services, including service providers who access information about you to perform services on our behalf (e.g., marketing services and customer support services).
(c) During negotiations. We may share Personal Information about you in connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, divestiture, or dissolution of all or a portion of our businesses.
(e) With your consent. We also will share your Personal Information and other information with your consent or direction, including if you authorize an account connection with a third party account or platform. In addition, we may provide aggregated statistical data to third parties, including other businesses and members of the public, about how, when, and why borderless users visit our Website and use our services. This data will not personally identify you or provide information about your individual use of our Website or services.
International Data Transfers
You agree that all Personal Information collected via or by borderless may be transferred, Processed, and stored anywhere in the world, including but not limited to, the United States, in the cloud, or on the servers of our service providers. Your Personal Information may be transferred to countries that have different data protection rules than your country. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to borderless, you explicitly consent to the storage of your Personal Information in these locations. We do not represent that our Website and services are appropriate or available in any particular jurisdiction.
Although we will make good faith efforts upon your request to provide you with access to your information, there may be circumstances in which we are unable to provide access, including but not limited to: (i) where the information contains legal privilege; (ii) would compromise others’ privacy or legitimate rights; (iii) where the burden or expense of providing access would be disproportionate to the risks to your privacy; or (iv) where it is commercially proprietary.
If we determine that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries.
(a) Choices Relating to Personal Information We Collect. (i) You may decline to provide Personal Information when it is requested by borderless, but certain features or services or all of our features or services on our Website may be unavailable to you. (ii) The Device you use to access our Website may collect information about you, including Geolocation Information and Technical Usage Data that borderless may then collect and use. For information about your ability to restrict the collection and use of such information, please use the settings available on the Device.
(b) Choices Relating to Our Use of Your Personal Data. (i) We work with partners and third party service providers to serve you advertising using ad-related Cookies and Web Beacons. You can opt out of third party advertising related Cookies and Web Beacons, in which case our advertising should not be targeted to you. You will continue to see our advertising on third party websites. For more information on third party advertising related Cookies and interest-based advertising, and to learn how to opt-out of these practices with companies participating in industry self-regulation, please visit http://optout.aboutads.info/?c=2&lang=EN. (ii) You may opt out of tracking and receiving tailored advertisements on your Device by some mobile advertising companies and other similar entities by downloading the App Choices app at www.aboutads.info/appchoices.
(d) Choices Relating to Cookies. When you access our Website, to help make your experience simpler, our web server may send a Cookie to your Device. We may use a Web Beacon to deliver such Cookies. Certain Cookies we use last only for the duration of your web or application session and expire when you close your browser or exit the application. Other Cookies are used to remember you when you return to use our Website and, as such, will last longer. Some of the Cookies used on our Website are set by us, and others are set by third parties who deliver services on our behalf.
Most web and mobile Device browsers are set to automatically accept Cookies by default. However, you can change your browser settings to prevent automatic acceptance of Cookies, or to notify you each time a Cookie is set.
You may have options available to manage your Cookies preferences. For example, your browser or internet Device may allow you to delete, disable, or block certain Cookies and other tracking technologies. You can learn more by visiting AboutCookies.org or allaboutcookies.org, which include additional useful information on Cookies and how to block Cookies on different types of browsers and mobile Devices. You may choose to enable these options, but doing so may prevent you from using many or all of the core features and functions available on our Website.
The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy at www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and www.aboutads.info/choices. You can also choose not to be included in Google Analytics. These Cookie-based opt-outs must be performed on each Device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each Device.
(g) Your Choices Relating to Communication. We may send you marketing content about our Website, services, products, products we offer jointly with third parties, as well as the products and services of unaffiliated third parties via various communications. You may opt out of these communications by following the instructions in the marketing communications you receive. For messages sent via push notifications, you may manage your preferences in your Device. We will process your request within a reasonable time after receipt.
We will send communications to you that are required or necessary to send to users of our Website (such as information about our ongoing business relations), notifications that contain important information and other communications that you request from us. You may not opt out of receiving this non-promotional communication.
Protecting Your Information
While we are dedicated to securing our systems, Website and services, you are solely responsible for securing and maintaining the privacy of your password(s) and verifying that the Personal Information we maintain about you is accurate and current.
We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your Personal Information for improper purposes. If information in our possession or under our control is compromised as a result of a security breach, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps in accordance with applicable laws or regulations.
We are not responsible for protecting any Personal Information that we share with a third party based on an account connection that you have authorized.
Our website and Services are not directed to children under the age of thirteen (13). We do not knowingly collect or store information, including Personal Information, from children or other individuals who are not legally able to use our Website and services. If you learn that your child has provided us with Personal Information without your consent, you may alert us at [email protected] If we obtain actual knowledge that we have collected Personal Information from a child under the age of thirteen (13) (and in certain jurisdictions under the age of sixteen (16)), we will promptly take steps to delete such information, unless we are legally obligated to retain such data.