Terms of Use

Mastercard · Official agreement

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15 of 42 cards in Content & IP Rights

Content & IP Rights · Permission or license

Limited, revocable license to view, share, print or download Site Content for personal use only

Mastercard grants you a "limited, nonexclusive, revocable license" to view, share, print or download any Content from the Mastercard Site for your own personal use. Content, which the Intellectual Property Rights section defines, covers the Site's text, formatting, images, graphics, tools, videos, music, trademarks, logos and other materials and information that are subject to the intellectual property rights of Mastercard, its subsidiaries and affiliates, and their licensors and licensees. The license does not include the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare derivative works or make other non-personal use of Content, and no part of any Content may be reproduced in any form or incorporated into an information retrieval system other than for your personal use. The sentence listing these excluded rights is garbled in the source ("prepare of derivative works or other non-personal use any Content"); this card keeps the wording and does not repair it.

Details
Who
Mastercard grants; the person using the Mastercard Site receives
What it does
View, share, print or download Content
What it covers
Content from the Mastercard Site, as defined in the Intellectual Property Rights section
Why
Your own personal use
Exception
No right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare derivative works or make other non-personal use

Supporting quotations

We are granting you a limited, nonexclusive, revocable license for you to view, share, print or download any Content, as defined below, from the Mastercard Site for your own personal use.
You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare of derivative works or other non-personal use any Content on the Mastercard 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.
All text, formatting (including without limitation the selection, coordination and arrangement of materials on the Mastercard Site, and the images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, and logos, and other materials and information on this Site are subject to the intellectual property rights of Mastercard, its subsidiaries and affiliates, and their respective licensors and licensees (collectively "Content")

Qualifications & exceptions

  • Personal use only; the license is limited, nonexclusive and revocable.
  • Applies to Content from the Mastercard Site, as Content is defined in the Intellectual Property Rights section.
  • Excluded: licensing, republishing, distributing, copying, assigning, sublicensing, transferring, selling, preparing derivative works and other non-personal use.

Not stated here

  • The text grants the right to "share" and "copy" is excluded; it does not say how sharing for personal use differs from distribution or copying.
  • What revocation of the license would look like (notice, grounds) is not stated in this section.
  • The excluded-rights sentence is grammatically garbled in the source; its exact intended reach is not stated.

Cross-references

Also annotated in the same passage (3)

Content & IP Rights · Restriction or exception

Mastercard keeps all rights in the Site and Content apart from the limited rights granted

Except for the limited rights the Terms of Use expressly grant, all right, title and interest in the Mastercard Site and all Content on it are reserved to and owned by Mastercard.

Details
Who
Mastercard
What it covers
All right, title and interest in the Mastercard Site and its Content
Exception
Limited rights expressly granted in the Terms of Use

Supporting quotations

Except for the limited rights expressly granted herein, all right, title and interest in and to the Mastercard Site and all Content contained therein are reserved and owned by Mastercard.

Qualifications & exceptions

  • The only exceptions are the limited rights expressly granted in these Terms of Use.

Content & IP Rights · Context

Site Content is protected and owned by Mastercard or used under license; some features may be patented

The Mastercard Site 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. "Content" is defined broadly as the Site's text, formatting (including the selection, coordination and arrangement of materials), images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, logos and other materials and information, all subject to the intellectual property rights of Mastercard, its subsidiaries and affiliates, and their licensors and licensees. The section also says certain features on the website may be covered by, or licensed under, U.S. Patent 6,091,956. The source's parenthesis in the definition is not closed; this card keeps the wording as written.

Details
Who
Mastercard, its subsidiaries and affiliates, and their licensors and licensees
What it covers
Content of the Mastercard Site, defined to include text, images, graphics, tools, applications, videos, music, trademarks, logos and other materials and information

Supporting quotations

The Mastercard Site 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.
All text, formatting (including without limitation the selection, coordination and arrangement of materials on the Mastercard Site, and the images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, and logos, and other materials and information on this Site are subject to the intellectual property rights of Mastercard, its subsidiaries and affiliates, and their respective licensors and licensees (collectively "Content")
Certain features on this website may be covered by, or licensed under, U.S. Patent 6,091,956.

Qualifications & exceptions

  • Ownership is stated as "owned by Mastercard or used by Mastercard under a license or with permission", so some Content may belong to others.
  • The IP rights named belong to Mastercard, its subsidiaries and affiliates, and their respective licensors and licensees.
  • The patent statement is limited to "certain features" and says "may be covered by, or licensed under".

Not stated here

  • The definition does not say whether material that users submit (User Submissions) counts as Content; the User Submissions section is analyzed separately.
  • The text does not say which features the patent covers or which Content is licensed in rather than owned.

Cross-references

Also annotated in the same passage (3)

Content & IP Rights · Restriction or exception

Site materials may not be copied, modified, reposted, framed, deep linked or redistributed by you

The Site's 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. The Right to Use Site Content section separately gives a limited, revocable personal-use license to view, share, print or download Content; this restriction is stated without repeating that personal-use qualification, and the text does not say how the two fit together.

Details
Who
The person using the Site
What it does
Must not copy, reverse engineer, decompile, disassemble, modify, repost, frame, deep link to, change, distribute, redistribute, license, sublicense or transfer the materials
Exception
A separate limited, revocable personal-use license to view, share, print or download Content

Supporting quotations

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, nonexclusive, revocable license for you to view, share, print or download any Content, as defined below, from the Mastercard Site for your own personal use.

Qualifications & exceptions

  • Applies to "these materials", read here as the Content described in the same section.
  • The personal-use license in the Right to Use Site Content section is a separate grant that this sentence does not mention.

Not stated here

  • The text does not say whether the personal-use license to view, share, print or download Content is an exception to the ban on copying and distributing in any form.
  • "Deep linked to" is not defined, and the text does not say how it relates to the limited right to create a hyperlink to the Site or its Content.

Cross-references

Also annotated in the same passage (3)

Content & IP Rights · Restriction or exception

No implied license for commercial use of Mastercard or third-party trademarks 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. The trademarks, logos, trade names and service marks displayed on the Site (the "Trademarks") are described as Trademarks of Mastercard and its third party alliance partners. No license or right to use any displayed Trademark is granted without the written permission of Mastercard or of the third party that may own it. The section links to a Mastercard U.S. Trademarks page; that linked page is not part of this source.

Details
Who
Mastercard; third-party alliance partners who may own displayed Trademarks
What it covers
Mastercard trademarks, intellectual property rights and copyrighted material; Trademarks displayed on the Site
Condition
Prior written permission of Mastercard, or of the third party that owns the Trademark

Supporting quotations

Nothing contained on the Mastercard 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 Mastercard Site are Trademarks of Mastercard and its third party alliance partners.
Nothing contained on the Mastercard Site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the Mastercard Site without the written permission of Mastercard or such third party that may own the Trademark.

Qualifications & exceptions

  • The first restriction is limited to commercial use of Mastercard trademarks, intellectual property rights and copyrighted material.
  • The second covers use of any displayed Trademark, and permission may need to come from the third party that owns it rather than Mastercard.
  • Permission must be written.

Not stated here

  • The linked Mastercard U.S. Trademarks page is not supplied in this source, so what it adds is unknown.
  • Which displayed marks belong to third-party alliance partners is not listed.
Also annotated in the same passage (4)

Content & IP Rights · Restriction or exception

Unauthorized commercial use of the materials violates Mastercard's rights and invites legal remedies

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.

Details
Who
Mastercard
Condition
Unauthorized commercial use of the materials

Supporting quotations

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.

Qualifications & exceptions

  • Limited to unauthorized commercial use of the materials.

Not stated here

  • The text does not list the remedies or say how Mastercard would pursue them.

Content & IP Rights · Restriction or exception

You are solely responsible for your User Submissions and warrant you have the rights and consents to post them

Users may submit comments that can include text and, if the Site allows, photos, videos, images, audio files, other content and links (collectively "User Submissions"). You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You affirm, represent and/or warrant that the User Submission is your original work and that you own or have the licenses, rights, consents and permissions needed to use it and to authorize Mastercard to use it in all media, now known or invented later, without territorial or time limits and without compensation; you also warrant that you have all necessary consents to collect, use and disclose any personally identifiable information, images or likeness in the submission so it can be used in the manner the Site and the Terms of Use contemplate.

Details
Who
The user who posts a User Submission
What it covers
User Submissions: comments that may include text, photos, videos, images, audio files, other content and links
Condition
Own work, with all licenses, rights, consents and permissions, including consents for personal information, images or likeness

Supporting quotations

User Submissions and Conduct
As a user of the Site you may submit your comments, which may consist of textual content and potentially photos, videos, images audio files, other types of content and links to such content if allowed by the Site (collectively referred to as "User Submissions").
You will be solely responsible for your own User Submissions and the consequences of posting or publishing them.
you affirm, represent, and/or warrant that: the User Submission is your original work and that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Mastercard to use any and all User Submissions in any and all media now known or hereinafter invented without territorial or time limitations and without compensation, and have all necessary consents to collect, use and disclose any personally identifiable information, images or likeness contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and this Agreement.

Qualifications & exceptions

  • Applies to User Submissions, which can include photos, videos, images, audio files and links only "if allowed by the Site".
  • The warranty about rights and consents extends to Mastercard's use "in any and all media now known or hereinafter invented without territorial or time limitations and without compensation".
  • The consent warranty covers personally identifiable information, images or likeness contained in the submission.

Not stated here

  • The text does not say which Mastercard Site features accept User Submissions.
  • The text uses "this Agreement" for the Terms of Use without defining it.
Also annotated in the same passage (3)

Content & IP Rights · Restriction or exception

Do not submit material protected by others' rights without permission; disclose related patents

You agree not to submit, as part of a User Submission, any material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights (including privacy and publicity rights), unless you own those rights or have permission from the rightful owner and the necessary consents from individuals whose personally identifiable information is in the material, to post it and to grant Mastercard the license rights described in the terms. You also warrant that you will disclose any patent registrations or pending applications you hold that relate in any way to your User Submission.

Details
Who
The user who posts a User Submission
What it does
Must not submit protected third-party material without ownership or permission; must disclose related patent registrations or pending applications
Exception
Material the user owns, or has the rightful owner's permission and individual consents to post and license

Supporting quotations

You agree that you will not submit as part of any User Submission any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant Mastercard all of the license rights granted herein.
Furthermore, you warrant and represent that you will disclose the existence of any patent registrations or pending applications held by you which relate in any way to your User Submission.

Qualifications & exceptions

  • The exception is for material you own or have the owner's permission and the needed individual consents to post and to license to Mastercard.
  • The patent disclosure covers registrations or pending applications "held by you" that relate "in any way" to the User Submission.

Not stated here

  • The text does not say to whom, when or how the patent disclosure must be made.
Also annotated in the same passage (3)

Content & IP Rights · Permission or license

Broad worldwide license to Mastercard over your User Submissions, including the right to edit and register copyright

By making a User Submission you grant Mastercard a worldwide, perpetual, royalty-free, fully-paid, irrevocable, sublicensable, transferrable, non-exclusive license in and to the User Submission (including under copyright, patent and trademark law), including the right to edit, change and create derivative works, and in any concepts or ideas it contains. Mastercard and its designees may reproduce the submission, prepare other works using it, combine it with other works, and alter, translate, distribute copies of, display, perform, license and apply for copyright registration of the transformed submission in Mastercard's name, throughout the world in perpetuity in any media. The text gives examples: using only portions, rerecording or modifying audio or visual material, rewriting, and adding other material. Other works Mastercard creates are owned by Mastercard and are not subject to your approval. Elsewhere the Submissions or Feedback section says communications you transmit or post "become the property of Mastercard"; the text does not reconcile that with a "non-exclusive license".

Details
Who
The user grants; Mastercard and its designees receive
What it does
Reproduce, edit, change, create derivative works, combine, alter, translate, distribute, display, perform, license and register copyright in the transformed User Submission
What it covers
The User Submission and any concepts or ideas contained in it
When
Perpetual and irrevocable; throughout the world in any media now existing or later

Supporting quotations

Ownership and Use of User Submissions
By making a User Submission, you understand that you are granting Mastercard a worldwide, perpetual, royalty-free, fully-paid, irrevocable, sublicensable, transferrable, non-exclusive license in and to the User Submission (including under copyright, patent, and trademark law), including the right to edit, change, and create derivative works, and any concepts or ideas contained in the User Submission
The license you are granting to Mastercard includes the right of Mastercard and its designees to reproduce the User Submission, prepare other works using the User Submission, combine your User Submission with other works, and alter, translate, distribute copies, display, perform, license and apply for copyright registration of the transformed User Submission in the name of Mastercard throughout the world in perpetuity in any media that now exists or may exist in the future.
If we create other works using the User Submission, those works will be owned by us and may be used in accordance with these guidelines, and shall not be subject to your approval.
become the property of Mastercard and Mastercard shall exclusively now and hereinafter own all rights, title and interest therein

Qualifications & exceptions

  • Granted by the act of making a User Submission.
  • The license is described as non-exclusive but also irrevocable, perpetual, sublicensable and transferrable.
  • Works Mastercard creates from the submission are owned by Mastercard and "shall not be subject to your approval".
  • Mastercard may apply for copyright registration of the transformed submission in its own name.

Not stated here

  • The text does not say how the non-exclusive license fits with the Submissions or Feedback section's statement that communications you transmit or post become Mastercard's property.
  • "These guidelines" in the sentence on works Mastercard creates is not defined in this source.
  • Whether the license covers material posted outside a Mastercard forum is not stated beyond "User Submission".

Cross-references

Also annotated in the same passage (1)

Content & IP Rights · Permission or license

You waive moral-rights claims over alterations and appoint Mastercard your irrevocable attorney-in-fact

By making a User Submission you waive and agree not to assert any copyrights or "moral" rights or claims arising from Mastercard's alteration of the submission or of any photograph, footage, illustration, statement or other work in it. You also appoint Mastercard as your irrevocable attorney-in-fact for the User Submission, with the right to sign and deliver documents in your name and on your behalf so that Mastercard can use the submission in any way it sees fit, own and protect the rights in derivative works created from it, and have the submission removed from any other website or forum.

Details
Who
The user waives and appoints; Mastercard acts as attorney-in-fact
What it does
Waive copyright and moral-rights claims over alteration; execute documents and have the submission removed from other sites on the user's behalf

Supporting quotations

By making a User Submission, you are waiving and agreeing not to assert any copyrights or "moral" rights or claim resulting from our alteration of the Submission or any photograph(s), footage, illustrations, statements or other work contained in the Submission.
You are also agreeing to appoint Mastercard as your irrevocable attorney-in-fact with respect to the User Submission, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that Mastercard can use the User Submission that you are licensing in any way Mastercard sees fit to own and protect the rights in any derivative works created from your User Submission, and to have the User Submission removed from any other website or forum.

Qualifications & exceptions

  • Triggered by making a User Submission.
  • The waiver concerns Mastercard's alteration of the submission or works in it.
  • The appointment is irrevocable and lets Mastercard sign documents in your name and on your behalf for the stated purposes.

Not stated here

  • The text does not say whether Mastercard must notify you before acting as your attorney-in-fact or before having a submission removed from another site.

Content & IP Rights · Procedure

On request you must sign further license documents; Mastercard may ask later

On Mastercard's request you must execute and deliver additional instruments of license that Mastercard solely deems reasonably necessary to establish its ability to use the User Submission as it sees fit and to confirm that "Moral Rights of Authors" are waived. If Mastercard does not ask at first, that is not a waiver of its rights and it may request the instrument later.

Details
Who
The user; Mastercard
What it does
Execute and deliver additional instruments of license on request
When
Mastercard may request at a later time without waiving its rights

Supporting quotations

Upon request of Mastercard, you shall execute and deliver such additional instrument of license, as may be solely deemed by Mastercard, reasonably necessary to establish Mastercard's ability to use the User Submission as it sees fit and that "Moral Rights of Authors" are waived under these Terms and Conditions.
Should Mastercard fail to request the said license instrument as stated, that shall not be deemed a waiver of Mastercard's rights and Mastercard may at a later time request the instrument.

Qualifications & exceptions

  • Triggered by a request from Mastercard.
  • Whether an instrument is reasonably necessary is as "solely deemed by Mastercard".
  • Failure to request an instrument is not a waiver; Mastercard may request it later.

Not stated here

  • The text sets no deadline for delivering a requested instrument and no limit on how late Mastercard may ask.

Content & IP Rights · Permission or license

Feedback and anything you transmit or post becomes Mastercard's property, usable without compensation

Mastercard may ask for your feedback on its Site, 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 with Mastercard exclusively owning all rights, title and interest, 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, including reproduction, disclosure, transmission, publication, broadcast and posting in whole or in part, in any medium, on the Site or otherwise. Mastercard has no obligation to respond. The wording says "any communication or material you transmit or post"; the text does not say whether that reaches User Submissions, which the earlier section licenses non-exclusively rather than transferring ownership.

Details
Who
The user who sends a communication or material; Mastercard, its licensees and affiliates
What it covers
Any communication or material you transmit or post, including feedback
Why
Any purpose whatsoever, in any medium, on the Site or otherwise

Supporting quotations

Submissions or Feedback
From time to time, we may ask that you for your feedback on Mastercard's Site and products and/or services.
Any communication or material you transmit or post will be (a) 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) 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.
You will be solely responsible for your own User Submissions and the consequences of posting or publishing them.

Qualifications & exceptions

  • Applies to "any communication or material you transmit or post" after Mastercard asks for feedback; the sentence is not limited to the feedback Mastercard requested.
  • Use by Mastercard licensees and affiliates is "without restriction" and at Mastercard's sole discretion.
  • No obligation, compensation or other liability to you, and no obligation to respond.

Not stated here

  • The text does not say whether this ownership transfer applies to User Submissions or only to feedback; the User Submissions license calls itself non-exclusive.
  • The text does not say how a user can tell which communications are covered.

Cross-references

Also annotated in the same passage (4)

Content & IP Rights · Restriction or exception

Mastercard does not accept unsolicited ideas; anything sent anyway becomes 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"), so you should not send any through the Site or otherwise. If you send a Submission anyway, it immediately becomes Mastercard's property, Mastercard exclusively owns all rights, title and interest, and Mastercard may use it for any purpose, including developing and marketing products and services. Mastercard is not liable for such use or disclosure, or for any similarities between the Submission and its future products and services. "Submissions" here is a different defined term from "User Submissions" in the forums section.

Details
Who
The person who sends a Submission; Mastercard
What it does
Mastercard takes ownership and may use the Submission for any purpose, without liability

Supporting quotations

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 our request not to do so, then such Submission shall immediately become the property of 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.

Qualifications & exceptions

  • Applies to creative ideas, suggestions or materials from the public about Mastercard's products and services.
  • Ownership passes "immediately" when the Submission is sent.
  • No liability for use, disclosure or similarity to future products and services.

Not stated here

  • The text does not say whether anyone is compensated or credited for an idea Mastercard later uses.
Also annotated in the same passage (2)