Welcome to Cadoo!
Please note, this is a Beta release of the Cadoo web app and Services. Should you encounter any bugs, glitches, lack of functionality or other problems with your use of the website, please let us know immediately (firstname.lastname@example.org) so we can rectify the issue(s) and improve our Services. Your help is greatly appreciated as we work to build out and improve Cadoo.
The following describes the terms on which Cadoo, Inc. offers you access to our site and services.
Our Relationship with You
Cadoo is a website where users can send or receive an e-card with money attached. Cadoo uses a third-party service, Airtm.com ("Airtm"), to make available digital money to be included with the e-card. As such, Cadoo does not, itself, provide digital currency services or function as a money transmitter. Cadoo is an independent contractor for all purposes, and is not your agent or trustee.
Intellectual Property. Material on our Site (with the exception of Third-Party Content) is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. "Cadoo," and "www.cadoo.io" are trademarks of Cadoo Inc. protected by federal and state law; you agree not to use such marks for any purpose, including but not limited to meta tags on other websites, in written materials or otherwise.
Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without Cadoo's prior written consent. Cadoo reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
Notice. Cadoo may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Cadoo, with such notice deemed given when received by Cadoo, at any time by first class mail or pre-paid post to Cadoo, Inc, Attn: Cadoo User Notices, 46 Plaza Drive, Mill Valley, CA 94941.
Use of Cadoo
Requires Account With Airtm. In order to use Cadoo, you must register and maintain an account with Airtm. Recipients of a Cadoo you send will also need to create an account with Airtm in order to gain access to the money you send. Cadoo is not responsible for Airtm’s account process and procedures, and accordingly, your and your Cadoo recipient’s registration and use of Airtm service is between Airtm and yourselves.
Age Requirement. To use Cadoo, you must be at least 18 years old or the legal age of majority in the jurisdiction where you reside. Airtm enforces its own Age Requirement and users of Cadoo will need to comply with Airtm’s requirements in order to register for Airtm’s service and, therefore, use Cadoo to send or receive Cadoos.
Account Access. Cadoo integrates with Airtm’s service and, accordingly, your account with Cadoo is based on signing in and authenticating with Airtm.com. Your failure to maintain accurate, complete, and up-to-date Account information, including having a suspended or restricted Airtm account, may result in your inability to access and use the Services or Cadoo's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to manage your Account access and maintain the security and secrecy of your Account username and password at all times.
Accuracy of Information You Provide. You are solely responsible for the accuracy of information you provide when creating and sending a Cadoo. Cadoo bears no responsibility for Cadoos that are lost, stolen, destroyed, used without permission, sent to the wrong recipient or an incorrect email address.
User Responsibilities and Conduct. You may only use the Services in compliance with all applicable laws and for lawful purposes. You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable. In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not: (a) violate any local, state, provincial, national, or other law or regulation, or any order of a court; (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; (c) interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (d) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; (e) use our Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements; (f) "stalk" or harass any other user of our Services or collect or store any information about any other user other than for purposes of transacting as an Cadoo user; (g) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; (h) use automated scripts to collect information or otherwise interact with the Service or the Site; (i) advocate, encourage, or assist any third party in doing any of the foregoing. The foregoing is merely a list of examples of prohibited conduct. Cadoo reserves the right to cancel or block a user account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.
No Resale. Resale of Cadoo e-cards is strictly prohibited.
Fees. Cadoo charges a small fee for sending a Cadoo (the "Cadoo Fee"). Cadoo Fees are paid from your Airtm account to Cadoo. By using the Services and sending a Cadoo, you authorize Cadoo to process the Cadoo Fee from your account.
Cancellation of a Cadoo. Prior to a Cadoo being redeemed, Cadoo may allow you to cancel the Cadoo and have your Cadoo Fee returned. Cadoo also reserves the right to cancel a Cadoo.
Taxes. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors.
Modification of Services. We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
Third-party Content. In using our Services, you may be exposed to content and information from other users or third parties ("Third-Party Content"), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content.
Termination. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services.
Release, Disclaimers, Limitations on Liability.
Release. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from Cadoo. You release Cadoo from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site.
Disclaimer. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". CADOO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CADOO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CADOO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitation on Liability. CADOO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF CADOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CADOO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF CADOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CADOO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CADOO'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY VIRTUAL CURRENCY SERVICE PROVIDERS PROVIDING VIRTUAL CURRENCY SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL CADOO'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100). CADOO'S SERVICES MAY BE USED BY YOU TO SEND VIRTUAL CURRENCY THROUGH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT CADOO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY VIRTUAL CURRENCY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5.3 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Indemnity. You shall indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Services or alleging facts or circumstances that, if true, could constitute your breach of any of these Terms. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense.
Reporting Misconduct. If you receive a Cadoo gift from someone who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, or who engages in any other disturbing conduct, you should report such person to the appropriate authorities and then to us at email@example.com; provided that your report shall not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Dispute Resolution. Any dispute arising between the parties pursuant to or related to this Agreement shall be settled by means of arbitration in accordance with the Commercial Rules of Arbitration of the American Arbitration Association. Any arbitration shall be conducted by a single arbitrator. The decision of the arbitrator shall be binding upon the parties and may be entered and enforced as judgment in a court of applicable jurisdiction. The arbitration shall take place in San Francisco, California, and these Terms shall be interpreted in accordance with the laws of the State of California, without regard to conflict-of-law principles. The Parties may agree to have the Arbitration held by telephone or solely through written submissions, unless the arbitrator requires otherwise. Each Party retains the right to seek judicial assistance: (i) to compel arbitration; (ii) to obtain interim measures of protection prior to or pending arbitrations; (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information, and (iv) to enforce any decision of the arbitrator, including the final award. Arbitration proceedings contemplated by this Section shall be as confidential and private as permitted by law. To that end, the Parties shall not disclose the existence, content or results of any proceedings conducted in accordance with this Section, and materials submitted in connection with such proceedings shall not be admissible in any other proceeding, provided, however, that this confidentiality provision shall not prevent a petition to vacate or enforce an arbitral award, and shall not bar disclosures required by any laws or regulations.