No commercial use of the Site or what it offers without Mastercard's written consent
You agree not to use the Site to reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purpose the software, content, offers, experiences, products or services provided by Mastercard or obtained through the Site, without Mastercard's express, prior written consent. This includes any attempt to incorporate information from the Site into any other directory, product or service. You also agree not to use the Site for any commercial purpose that Mastercard has not expressly approved in writing.
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(iii) you will not use the Site to reproduce, duplicate, copy, sell, resell, distribute, publish, or exploit for any commercial purpose the software, content, offers, experiences, products, or services provided by Mastercard or obtained through the Site without obtaining the express, prior written consent of Mastercard.
This restriction includes any attempt to incorporate any information from the Site into any other directory, product, or service;
(ix) you will not use the Site for any commercial purpose not expressly approved by Mastercard in writing
Qualifications & exceptions
Mastercard's consent must be express, given beforehand and in writing.
You may not upload others' protected material or collect other users' personal data
You agree not to upload, post, reproduce or distribute information, software or other material protected by copyright or any other intellectual property right, including rights of publicity and privacy, unless you first have the owner's permission. You also agree not to collect or store personal data about other users.
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(vii) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights
(viii) you will not collect or store personal data about other users
Qualifications & exceptions
Uploading or sharing protected material is barred only where you have not first obtained the rights owner's permission.
You may view, share, print or download Site Content for personal use only
Mastercard grants you a limited, non-exclusive, revocable license to view, share, print or download Content from the Site for your own personal use. You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare or create derivative works of, or otherwise use the Content for non-personal purposes, and no part of the Content may be reproduced in any form or incorporated into any information retrieval system except for your personal use. "Content" is defined in Section 7. Everything not expressly granted stays with Mastercard: all right, title and interest in the Site and its Content are reserved and owned by Mastercard.
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We are granting you a limited, non-exclusive, revocable right and license for you to view, share, print or download any Content, as defined below, from the Site for your own personal use.
You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare or create derivative works or other non-personal use any Content on the Site.
No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use.
Except for the limited rights expressly granted herein, all right, title and interest in and to the Site and all Content contained therein are reserved and owned by Mastercard.
You may link to the Site or its Content if the link is not misleading or offensive and implies no endorsement
Mastercard also grants a limited, revocable, non-sublicensable, non-transferable and non-exclusive license to create a hyperlink to the Site or any Content on it. The link must not portray Mastercard or its products or services in a false, misleading, derogatory or otherwise offensive manner, and must not imply that Mastercard sponsors or endorses your site, page or content.
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You are also granted a limited, revocable, non-sublicensable, non-transferable, and non-exclusive right and license to create a hyperlink to the Site or any Content therein so long as the link does not portray Mastercard, or its products or services in a false, misleading, derogatory, or otherwise offensive manner or imply a sponsorship or endorsement of your site, page or content by Mastercard.
reposted to other web sites, framed, deep linked to, changed
Not stated here
Section 7 lists being "deep linked to" among things the materials may not be subjected to; the Terms do not say how that fits with this right to link to Content.
Site Content is owned by or licensed to Mastercard and may not be copied, changed or redistributed
The Site's Content (text, the selection and arrangement of materials, images, graphics, tools, widgets, videos, music, articles, trademarks, logos and other materials) is protected by intellectual property laws and is owned by Mastercard or used by it under license or permission. Except to the extent permitted by law, you may not copy, reverse engineer, decompile, disassemble, modify, repost to other web sites, frame, deep link to, change, or otherwise distribute, redistribute, license, sublicense or transfer these materials in any form. Section 3 separately grants you a limited personal-use license to Content and a limited right to link to the Site or its Content, which this passage does not mention.
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The Content is protected by applicable intellectual property laws and all Content is owned by Mastercard or used by Mastercard under a license or with permission.
Except to the extent permitted by law, these materials may not be copied, reverse engineered, decompiled, disassembled, modified, reposted to other web sites, framed, deep linked to, changed, or otherwise distributed, redistributed, licensed, sublicensed or transferred in any form by you.
We are granting you a limited, non-exclusive, revocable right and license for you to view, share, print or download any Content, as defined below, from the Site for your own personal use.
Qualifications & exceptions
The restrictions apply "except to the extent permitted by law".
Section 3 separately licenses personal use of Content and linking to the Site or its Content.
Not stated here
This passage lists "deep linked to" among prohibited acts while Section 3 grants a right to link to the Site or any Content on it; the Terms do not say how the two fit together.
No license to use trademarks or to make commercial use of Site materials without written permission
Nothing on the Site grants, by implication, estoppel or otherwise, any license or right to make commercial use of any Mastercard trademark, intellectual property right or copyrighted material without Mastercard's prior written permission, or to use any Trademark displayed on the Site without the written permission of Mastercard or the third party that owns it. The Trademarks displayed on the Site belong to Mastercard and its third party alliance partners. Mastercard says unauthorized commercial use of these materials will violate its intellectual property rights and be subject to its full legal rights and remedies.
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Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any Mastercard trademark, intellectual property right or copyrighted material without Mastercard's prior written permission.
The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the "Trademarks") displayed on the Site are Trademarks of Mastercard and its third party alliance partners.
Nothing contained on the Site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Mastercard or such third party that may own the Trademark.
Any unauthorized commercial use of these materials will violate Mastercard's intellectual property rights and will be subject to Mastercard's full legal rights and remedies.
Report suspected copyright infringement to Mastercard's Copyright Agent by DMCA notice
If you believe material on the Site infringes a copyright, you should notify Mastercard using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)), addressed to Copyright Agent, Mastercard, 2000 Purchase Street, Purchase, NY 10577, Attn: Law Department, or to the email address given in the Terms. Mastercard says it will respond expeditiously to remove or disable access to the material claimed to be infringing, and will follow the DMCA procedures to resolve the claim between the notifying party and the alleged infringer who provided the Content. The notice should identify the copyrighted work or other intellectual property you claim is infringed, and identify the material on the Site you claim is infringing in enough detail for Mastercard to locate it. More required elements follow in the next section.
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If you believe any material available through the Site infringes a copyright, you should notify Mastercard using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)).
Mastercard will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content.
You should address infringement notices under the DMCA to: Copyright Agent, Mastercard, 2000 Purchase Street, Purchase, NY 10577, Attn: Law Department
Please provide the following notice:
Identify the copyrighted work or other intellectual property that you claim has been infringed;
Identify the material on the Site that you claim is infringing, with enough detail so that Mastercard may locate it on the Site;
Mastercard's policy is to remove infringing content immediately and suspend infringing users
Mastercard says it has legally mandated procedures for allegations of copyright infringement on the Site and a policy of immediately removing any content, or suspending any user, found to have infringed the rights of Mastercard or a third party, or to have otherwise violated intellectual property laws or regulations or the Terms. It also says that in operating the Site it may act as a DMCA "services provider", and that third-party materials Mastercard does not own or control may be transmitted, stored, accessed or made available using the Site.
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Mastercard has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site and has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Mastercard or of a third party, or that has otherwise violated any intellectual property laws or regulations, or these Terms of Use.
In operating the Site, Mastercard may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party web sites.
Qualifications & exceptions
Removal or suspension applies to content or users that are "found to have" infringed or otherwise violated intellectual property laws or the Terms.
A copyright notice also needs a good-faith statement, a perjury statement, contact details and a signature
Besides identifying the work and the infringing material, a notice should include a statement that you have a good faith belief the disputed use is not authorized by the copyright owner, its agent or the law; a statement, under penalty of perjury, that the notice is accurate and that you own the copyright interest or are authorized to act for the owner; your address, telephone number and email address; and your physical or electronic signature.
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Identify the material on the Site that you claim is infringing, with enough detail so that Mastercard may locate it on the Site;
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 declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Mastercard may tell users about an infringement notice by site notice, email or first-class mail
Mastercard may give its users notice of an infringement notice through a general notice on any of its websites, by email to the user's email address in its records, or by first-class mail to the user's physical address in its records.
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Mastercard may give notice to its users of any infringement notice by means of a general notice on any of its websites, electronic mail to a user's e-mail address in its records, or by written communication sent by first-class mail to a user's physical address in its records.
If you receive an infringement notice, you may send a written counter-notification with the required details
If you receive an infringement notice, you may send a counter-notification in writing to the designated agent. To be effective it must be a written communication that includes: your physical or electronic signature; identification of the removed or disabled material and where it appeared before removal; a statement under penalty of perjury that you have a good faith belief the material was removed or disabled by mistake or misidentification; and your name, physical address and telephone number, plus a statement that you consent to the jurisdiction of a Federal District Court for the judicial district of your address (or, if your address is outside the United States, any judicial district where Mastercard may be found) and will accept service of process from the person who gave notice of the alleged infringement or that person's agent.
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If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Qualifications & exceptions
To be effective, the counter-notification must be written and include all of the listed items.
Not stated here
The counter-notification goes to "the designated agent"; this passage does not name that agent.
Mastercard may end a repeat infringer's access to the Service and its other websites
Without limiting its other rights, Mastercard may, in appropriate circumstances, terminate a repeat infringer's access to the Service and to any other website owned or operated by Mastercard.
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Without limiting Mastercard's other rights, Mastercard may, in appropriate circumstances, terminate a repeat infringer's access to the Service and any other website owned or operated by Mastercard.
Qualifications & exceptions
Applies "in appropriate circumstances".
Not stated here
"Appropriate circumstances" and "the Service" are not defined in the Terms.
Content & IP Rights · Permission or license
Anything you send as feedback becomes Mastercard's non-confidential property to use freely
From time to time Mastercard may ask for your feedback on the Site and its products or services. Any communication or material you transmit or post will be treated as non-confidential and non-proprietary, will become Mastercard's property (Mastercard will exclusively own all rights, title and interest in it), and may be used without restriction by Mastercard licensees and affiliates at Mastercard's sole discretion, without obligation, compensation or other liability to you. The use may be for any purpose and in any medium, on the Site or otherwise, and Mastercard has no obligation to respond.
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From time to time, we may ask you for your feedback on the Site and products and/or services. Any communication or material you transmit or post will: (a) be treated as non-confidential and non-proprietary by Mastercard, (b) become the property of Mastercard and Mastercard shall exclusively now and hereinafter own all rights, title and interest therein, and (c) be used without restriction by Mastercard licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you.
Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner, now known or later developed, on this Site or otherwise and Mastercard shall be under no obligation to respond to any such communication.
Not stated here
The passage opens with requests for feedback but then refers to "any communication or material you transmit or post"; it does not say whether that wider wording is limited to feedback.
Mastercard does not accept creative ideas ("Submissions"), but any you send become its property
Mastercard says it has a policy of not accepting or considering creative ideas, suggestions or materials from the public about its products and services ("Submissions"), and asks you not to make any. If you send one anyway, it immediately becomes Mastercard's property, you assign it to Mastercard, and Mastercard may use it for any purpose, including developing and marketing products and services. Mastercard is not liable for that use or disclosure or for similarities between a Submission and its future products or services, and no confidential relationship or obligation of secrecy is created, despite any statement or legend to the contrary on the Submission.
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Notwithstanding the foregoing, Mastercard maintains a policy of not accepting or considering any creative ideas, suggestions or materials from the public regarding its products and services ("Submissions"), and therefore, you should not make any Submissions to Mastercard in any communications through this Site or otherwise.
Nonetheless, if you do send us a Submission, despite this request not to do so, then such Submission shall immediately become the property of Mastercard, you hereby assign such Submission to Mastercard and Mastercard shall exclusively now and hereinafter own all rights, title and interest therein.
Furthermore, Mastercard shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing and marketing products and services. Mastercard shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future Mastercard products and services.
You acknowledge and agree that no confidential relationship or obligation of secrecy or confidentiality is established between you and Mastercard regarding the Submission, despite any statement or legend to the contrary on the User Submission and any related materials.
If you make a Submission, you irrevocably let Mastercard use your name and likeness in its advertising
If you submit a Submission on the Site, you irrevocably grant Mastercard the right to use your name, username, Twitter handle, profile picture, voice, likeness and biographical material in connection with any and all Mastercard advertising and promotional campaigns, including on the Site or in connection with Mastercard products and marketing materials.
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If you submit a Submission on the Site, you also irrevocably grant Mastercard the right to use your name, username, Twitter handle, profile picture, voice, likeness and biographical material in connection with any and all Mastercard advertising and promotional campaigns, including, without limitation, on the Site or in connection with Mastercard products and marketing materials.
Each time you make a Submission you promise it is yours, accurate and non-infringing
Each time you submit a Submission, you represent and warrant that you are at least the age of majority where you live and are the parent or legal guardian of, or have all proper consents from the parent or guardian of, any minor depicted in or contributing to it. You also warrant that you are its sole author and owner or have a lawful right to submit it and to grant Mastercard the rights the Terms give it, without any Mastercard obligation to get anyone's consent; that it is accurate; that it does not and, as to Mastercard's permitted uses, will not infringe any third party's intellectual property or other rights; and that it will not violate the Terms or cause injury or harm to any person.
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Each time you submit any Submission, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any Submission you submit
(a) you are the sole author and owner of the intellectual property and other rights to the Submission, or you have a lawful right to submit the Submission and grant Mastercard the rights to it that you are granting by this Terms of Use, all without any Mastercard obligation to obtain consent of any third party and without creating any obligation or liability of Mastercard
(b) the Submission is accurate; (c) the Submission does not and, as to Mastercard's permitted uses and exploitation set forth in these Terms of Use, will not infringe any intellectual property or other right of any third party; and (d) the Submission will not violate this Terms of Use, or cause injury or harm to any person.