Legal Rights & Agreement Rules · Restriction or exception
Using the Mastercard Site means accepting these Terms of Use; site is offered for personal use
Mastercard International Incorporated provides the Mastercard Site "for your personal informational, educational and entertainment use" and invites you to browse, download from and otherwise use it. By accessing and using the Mastercard Site you accept and agree to these Terms of Use "without limitation or qualification"; if you do not agree, the text asks you not to use the Site. The terms are written for the Mastercard Site as the introduction defines it (the site address given in the introduction); the introduction names no other Mastercard site, program or service. The opening of the document states no effective date or version date.
Details
Who
Mastercard International Incorporated ("Mastercard" or "We"); the person accessing the Mastercard Site
Why
Personal informational, educational and entertainment use of the Mastercard Site
Condition
Accessing and using the Mastercard Site is acceptance of the Terms of Use without limitation or qualification
Supporting quotations
Mastercard International Incorporated ("Mastercard" or "We") provides to you
for your personal informational, educational and entertainment use. Please feel free to browse, download from, and otherwise use the Mastercard Site.
By accessing and using the Mastercard Site, you accept and agree to the following terms of use "Terms of Use") without limitation or qualification. If you do not agree with these Terms of Use, please do not use the Mastercard Site.
Qualifications & exceptions
Acceptance is triggered by accessing and using the Mastercard Site; no separate click-through or signature is described in this document.
The stated purpose of the Site is personal informational, educational and entertainment use.
The terms are written for the Mastercard Site as defined in the introduction, not for other Mastercard sites or programs.
Not stated here
This document states no effective date or last-updated date at its opening, so which version is in force from what date is not stated here.
Whether other Mastercard sites, programs or products carry their own terms is not stated in this introduction.
Legal Rights & Agreement Rules · Company practice
Mastercard may change the Site and these terms at any time without notice; you are bound by revisions
Mastercard reserves the right to change or modify Content, materials or information on or in connection with the Site, including these Terms of Use, at any time without notice to you. It may revise the Terms of Use by updating the posting, you are bound by those revisions, and you should visit the pages from time to time to review the current Terms of Use.
Details
Who
Mastercard; the person using the Site
What it does
Change or modify Content, materials, information and the Terms of Use by updating the posting
Condition
At any time, without notice to you
Supporting quotations
Mastercard reserves the right to change or modify Content, materials or information appearing on or in connection with this Site, including these Terms of Use, at any time without notice to you.
Mastercard may at any time revise these Terms of Use by updating this posting. You are bound by such revisions and should therefore visit these pages to review the current Terms of Use from time to time.
Qualifications & exceptions
Changes may be made at any time and without notice to you.
Revisions are made by updating the posting; you are bound by them.
The duty to check is phrased as "should therefore visit these pages", not as a stated deadline or procedure.
Not stated here
The text names no effective date for revisions and no way of being told of a change other than visiting the pages.
Whether continuing to use the Site after a revision is the stated way of accepting it is not spelled out beyond "You are bound by such revisions".
Legal Rights & Agreement Rules · Procedure
Report claimed copyright infringement to Mastercard's Copyright Agent under the DMCA procedure
If you believe material available through the Site infringes a copyright, you should notify Mastercard using the DMCA notice procedure for claimed infringement (17 U.S.C. Sect. 512(c)(2)). 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. Notices go to Copyright Agent, Mastercard, 2000 Purchase Street, Purchase, NY 10577, Attn: Law Department, or to the email address copyrightagent@mastercard.com given in the text.
Details
Who
A person who believes material infringes a copyright; Mastercard's Copyright Agent
What it does
Send a DMCA infringement notice; Mastercard removes or disables access and follows DMCA procedures
Where
Notices addressed to Purchase, NY 10577 (United States)
Supporting quotations
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 or to
Qualifications & exceptions
The procedure is for copyright infringement claims about material available through the Site.
Mastercard's stated response is to remove or disable access to the material "claimed to be infringing" and then follow the DMCA procedures to resolve the claim.
Not stated here
The text does not give a response deadline beyond "expeditiously".
The DMCA section cited is an external law; this card does not resolve or restate it.
Mastercard asks that an infringement notice identify the copyrighted work or other intellectual property claimed to be infringed; identify the material on the Site, in enough detail for Mastercard to locate it; include a statement of good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; include a statement under penalty of perjury that the notice is accurate and that the sender owns the copyright interest or is authorized to act for the owner; give the sender's address, telephone number and email address; and include a physical or electronic signature.
Details
Who
The person sending the infringement notice
What it covers
The copyrighted work, the allegedly infringing material, good-faith and perjury statements, contact details and signature
Supporting quotations
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;
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
Your physical or electronic signature
Qualifications & exceptions
The list is introduced with "Please provide the following notice" and is written as the elements of the notice.
The perjury statement covers accuracy of the notice and ownership or authority to act for the owner.
Not stated here
The text does not say what happens to a notice that omits one of the listed items.
Legal Rights & Agreement Rules · User right or choice
Users told of an infringement notice may send a written counter-notification with required content
Mastercard may tell its users about an infringement notice through a general notice on any of its websites, email to the user's email address in its records, or first-class mail to the user's physical address in its records. A user who receives such a notice may provide a counter-notification in writing to the designated agent. To be effective it must be a written communication that includes: a physical or electronic signature; identification of the material removed or disabled and where it appeared before; a statement under penalty of perjury of good faith belief that the material was removed or disabled because of mistake or misidentification; and the user's name, physical address and telephone number, with a statement consenting to the jurisdiction of a Federal District Court for the judicial district of the user's physical address (or, for an address outside the United States, any judicial district in which "we" may be found) and agreeing to accept service of process from the person who gave the notification or that person's agent.
Details
Who
Mastercard notifies its users; a user who receives the notice may counter-notify the designated agent
What it does
Provide a written counter-notification including the listed items
Condition
The user has received an infringement notice; the counter-notification must be written and include all listed elements to be effective
Where
Consent to a Federal District Court for the user's physical-address district, or any district where Mastercard may be found if the address is outside the United States
Supporting quotations
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 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
Counter-notification is available to a user who receives an infringement notice; it must be in writing to be effective.
The consent to jurisdiction depends on the user's address: the judicial district of the user's physical address, or if outside the United States, any judicial district in which "we" may be found.
Not stated here
The text does not say how long Mastercard waits after a counter-notification or when removed material is restored; it only says Mastercard will follow DMCA procedures.
Which methods Mastercard will actually use to notify a particular user is not stated; the text lists a general website notice, email or first-class mail as options.
Legal Rights & Agreement Rules · Restriction or exception
No confidentiality for User Submissions, whatever legend you put on them
You acknowledge and agree that posting a User Submission does not create a confidential relationship or obligation of secrecy or confidentiality between you and Mastercard, even if the submission or related materials carry a statement or legend saying otherwise.
Details
Who
The user and Mastercard
What it covers
The User Submission and any related materials
Supporting quotations
You acknowledge and agree that no confidential relationship or obligation of secrecy or confidentiality is established between you and Mastercard regarding the User Submission, despite any statement or legend to the contrary on the User Submission and any related materials
Qualifications & exceptions
Applies to User Submissions and any related materials; a contrary legend on them does not change this.
Not stated here
The text does not say how Mastercard handles personal information in submissions; the Privacy Policy section is analyzed separately.
Legal Rights & Agreement Rules · Context
Sweepstakes and promotions are governed by their Official Rules and applicable law
From time to time Mastercard makes you aware of Mastercard-related sweepstakes or other promotions. All of them are subject to the Official Rules for that sweepstakes or promotion and to related applicable laws, regulations and statutes.
Details
Who
Mastercard; participants in sweepstakes or promotions
Condition
Subject to the Official Rules and applicable laws, regulations and statutes
Supporting quotations
Sweepstakes
All such sweepstakes and promotions are subject to the Official Rules for such sweepstakes and promotions and all related applicable laws, regulations and statutes.
Qualifications & exceptions
Each sweepstakes or promotion has its own Official Rules.
Not stated here
The Official Rules are not part of this source, so eligibility, prizes and entry terms are unknown.
Legal Rights & Agreement Rules · Restriction or exception
Third-party content and links are not endorsed; you leave the Site and take the risk
The Site may contain third-party content and links to independent web sites, included solely for users' convenience and not as approval, endorsement or warranty by Mastercard. Mastercard is not responsible for the accuracy, completeness or reliability of third-party information or for products or services sold through a linked site, and you assume sole responsibility for using third-party information. Arrangements between you and a third party are at your own risk. When you click a third-party link you leave the Site, and personal information you submit on the resulting site is not collected or controlled by Mastercard but is subject to that site's privacy notice or terms of use, which the text asks you to review.
Details
Who
Mastercard; the user; third parties
What it covers
Third-party content, linked web sites, and information submitted on them
Supporting quotations
Third-Party Content and Links to Other Web Sites
Third-party content and links are included solely for the convenience of users and do not constitute any approval, endorsement or warranty by Mastercard. Moreover, Mastercard is not responsible for the accuracy, completeness, or reliability of third-party information, or the products or services offered or sold through any linked webs site and you assume sole responsibility for the use of third-party information. Any agreements, transactions, or other arrangements made between you and such third party are made solely at your own risk.
When you click on a third-party link, you will leave the Mastercard Site. Any personal information you submit on the resulting site will not be collected or controlled by Mastercard but will be subject to the privacy notice or terms of use of the resulting site.
Qualifications & exceptions
Applies to third-party content and to links that take you to other web sites.
Information submitted on a linked site is covered by that site's privacy notice or terms, not by Mastercard's control.
Not stated here
The text does not say which third parties' content appears on the Site.
Legal Rights & Agreement Rules · Restriction or exception
You must indemnify and defend Mastercard and its partners, staff and affiliates for your violations or use of the Site
You agree to indemnify, defend and hold harmless Mastercard and its business partners, staff and affiliates from any liability, loss, claim and expense, including reasonable attorneys' fees and expenses, related to either your violation of these Terms of Use or your use of the Site. The second trigger, "your use of the Site", is not limited in the text to wrongful use.
Details
Who
The user indemnifies Mastercard, its business partners, staff and affiliates
Condition
Your violation of the Terms of Use or your use of the Site
Supporting quotations
Indemnification
You agree to indemnify, defend and hold Mastercard and its business partners, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys' fees and expenses, related to either your violation of these Terms of Use or your use of the Site.
Qualifications & exceptions
Triggered by either your violation of the Terms of Use or your use of the Site.
Covers reasonable attorneys' fees and expenses and protects Mastercard, its business partners, staff and affiliates.
Not stated here
The text does not say whether the duty applies when Mastercard is also at fault, and does not connect it to the liability limits in the damages section.
Legal Rights & Agreement Rules · Restriction or exception
Indemnity extends to claims about your User Submissions and their use
You will indemnify and hold Mastercard harmless from claims, suits or proceedings arising from copyright, other intellectual property or other third-party rights violations contained in your User Submissions, and from any other violation of law or breach of contract obligations relating to the User Submissions. You will also indemnify and hold Mastercard harmless from claims, damages and costs resulting directly or indirectly from the use, disposition, reproduction, publication or public communication of the User Submission. That last sentence is not expressly limited to use by you or to a violation, and the text does not say whether it reaches Mastercard's own use of the submission under its license.
Details
Who
The user indemnifies Mastercard
What it covers
Claims about the user's User Submissions: third-party rights violations, violations of law or breach of contract, and use, disposition, reproduction, publication or public communication
Supporting quotations
You will indemnify and hold Mastercard harmless from and against any claim, suit or proceeding brought against Mastercard arising from or in connection with violations of copyright or other intellectual property or other rights of third parties contained in your User Submissions and/or any other violation of law or breach of contract obligations relating to the User Submissions.
You will indemnify and hold Mastercard harmless from and against any claims, damages and costs resulting directly or indirectly from the use, disposition, reproduction, publication or public communication of the User Submission.
You will be solely responsible for your own User Submissions and the consequences of posting or publishing them.
Qualifications & exceptions
The first sentence is tied to violations of third-party rights, law or contract obligations relating to User Submissions.
The last sentence refers to "directly or indirectly" resulting claims from use, disposition, reproduction, publication or public communication of the User Submission, without stating whose use.
Not stated here
Whether the last sentence applies to Mastercard's own use of a User Submission is not stated.
Legal Rights & Agreement Rules · Restriction or exception
Mastercard tries for accurate Site material but does not guarantee it or take responsibility for accuracy
Mastercard says it will use reasonable efforts to make sure material on the Site is correct, but accuracy cannot be guaranteed and Mastercard assumes no responsibility or liability for the accuracy, completeness or authenticity of any information on the Site. The source sentence is grammatically broken ("While Mastercard will use reasonable efforts ... however"); this card keeps its wording.
Details
Who
Mastercard
What it covers
Accuracy, completeness and authenticity of information on the Site
Supporting quotations
Disclaimer of Warranties
While Mastercard will use reasonable efforts to ensure that all material on this Site is correct; however, accuracy cannot be guaranteed and Mastercard does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this Site.
Qualifications & exceptions
The commitment is limited to "reasonable efforts".
The disclaimer covers accuracy, completeness and authenticity of any information contained in the Site.
Not stated here
The text does not say what the reasonable efforts consist of or how errors are corrected.
Legal Rights & Agreement Rules · Restriction or exception
Site and Content provided "as is" and "as available"; warranties disclaimed and you bear the risk
The Site and all Content are provided to you "AS IS" and "AS AVAILABLE", and all warranties, express or implied, are disclaimed, including warranties of merchantability, title/noninfringement, quality of information and fitness for a particular purpose. Information you obtain from Mastercard through the Site creates no warranty not expressly stated. Mastercard disclaims all warranties about the availability of the Site, error-free operation, correction of defects, and freedom from viruses or other harmful components. Your use of the Site and anything downloaded or obtained through it is at your own risk, and you are solely responsible for damage to your computer system or data loss from your use, including from viruses. The text adds that some jurisdictions may not allow exclusion of implied warranties, so some of the exclusions may not apply to you.
Details
Who
Mastercard disclaims; the user bears the risk
What it covers
The Mastercard Site and all Content on it
Exception
Some jurisdictions may not allow exclusion of implied warranties, so some exclusions may not apply
Supporting quotations
THE MASTERCARD SITE AND ALL CONTENT CONTAINED HEREIN ARE PROVIDED TO YOU "AS IS," AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE/NONINFRINGEMENT, QUALITY OF INFORMATION, OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITATION, MASTERCARD DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE SITE, THAT THE MASTERCARD SITE WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE MASTERCARD SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Qualifications & exceptions
Covers the Site and all Content on it.
Some exclusions "MAY NOT APPLY TO YOU" where a jurisdiction does not allow excluding implied warranties.
Information obtained through the Site creates no warranty "NOT EXPRESSLY STATED HEREIN".
Not stated here
The text does not name the jurisdictions where the exclusions may not apply or say which exclusions would then fall away.
Legal Rights & Agreement Rules · Restriction or exception
No liability for any damages from Site use; total liability capped at the lesser of what you paid or $100
In no event are Mastercard or its affiliates liable for any direct, indirect, special, punitive, exemplary, consequential or other damages whatsoever, including property damage, loss of use, loss of business, economic loss, loss of data or loss of profits, whatever the form of action (contract, negligence or other tort), arising out of or in connection with your use of or access to the Site or its Content, even if Mastercard, its business partners, employees, representatives or affiliates were told damage was possible. Separately, Mastercard's total liability to you for all damages, losses and causes of action, in contract, tort (including negligence) or otherwise, may not exceed the amount you paid, if any, or one hundred dollars ($100), whichever is less, for accessing or participating in any activity related to any Mastercard Site. The text adds that applicable law may not allow limitation or exclusion of liability or incidental or consequential damages, so the limits may not apply to you.
Details
Who
Mastercard, its affiliates, business partners, employees and representatives
What it covers
Direct, indirect, special, punitive, exemplary, consequential and other damages from use of or access to the Site or its Content
Condition
Cap: lesser of the amount paid by you, if any, or $100, for accessing or participating in any activity related to any Mastercard Site
Exception
Applicable law may not allow the limitation or exclusion
Supporting quotations
Disclaimer of Damages and Limitation of Liability
IN NO EVENT SHALL MASTERCARD OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE MASTERCARD SITE OR ITS CONTENT
IN NO EVENT SHALL MASTERCARD'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR ONE HUNDRED DOLLARS ($100) (WHICHEVER IS LESS), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY MASTERCARD SITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Qualifications & exceptions
The cap is the lesser of the amount paid by you, "IF ANY", and $100.
The cap applies to access or participation in "ANY ACTIVITY RELATED TO ANY MASTERCARD SITE".
The limits "MAY NOT APPLY TO YOU" where applicable law does not allow them.
Not stated here
The text does not say what the cap is if you paid nothing; "if any" and "whichever is less" leave that figure unstated.
The first sentence excludes liability for all damages while the second sets a liability cap; the text does not say how the two fit together.
Legal Rights & Agreement Rules · Context
The Mastercard Site is operated by Mastercard and its affiliates
The Mastercard Site is operated by Mastercard and its affiliates. The introduction names Mastercard International Incorporated as the provider of the Site, and the end of the document lists it as sponsor; this sentence does not identify which affiliates operate the Site.
Details
Who
Mastercard and its affiliates
Supporting quotations
The Mastercard Site is operated by Mastercard and its affiliates.
Qualifications & exceptions
Stated for the Mastercard Site.
Not stated here
The affiliates that operate the Site are not named.
Legal Rights & Agreement Rules · Restriction or exception
New York law governs; disputes must be filed only in New York federal or state courts
The Terms of Use are construed, interpreted and performed exclusively under the laws of the State of New York, United States, without giving effect to conflict-of-law principles. You agree that any action at law or in equity arising out of or directly or indirectly relating to the Terms of Use or the Site must be filed only in the federal or state courts sitting in New York. You consent and submit to personal jurisdiction of those courts for any action related to the Mastercard Site, your access or use of it, or the Terms of Use, and to extra-territorial service of process.
Details
Who
The user; Mastercard
Where
State of New York, United States; federal or state courts sitting in New York
Condition
Any action arising out of or relating to the Terms of Use or the Site
Supporting quotations
Miscellaneous
These Terms of Use shall be construed, interpreted and performed exclusively according to the laws of the State of New York, United States of America, without giving effect to any principles of conflicts of law.
You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms of Use or this Site shall be filed only in the federal or state courts sitting in New York.
You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to the Mastercard Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.
Qualifications & exceptions
Covers actions "arising out of or directly or indirectly relating to" the Terms of Use or the Site.
Venue is limited to federal or state courts sitting in New York; the consent to jurisdiction includes extra-territorial service of process.
Not stated here
The text does not say whether Mastercard is bound by the same venue limit; the sentence is addressed to "you".
Legal Rights & Agreement Rules · Restriction or exception
You are responsible for complying with export and import control laws for Site content and software
Content and software from the Site may be subject to U.S. export jurisdiction and the import jurisdiction of other countries. In connection with your use of the Site you are solely responsible for complying with all applicable export, re-export and import control laws and regulations of all applicable jurisdictions, naming those of the U.S. Department of Commerce (Export Administration Regulations, 15 CFR Parts 730-774), the International Traffic in Arms Regulations, country-specific economic sanctions programs implemented by the Office of Foreign Assets Control, and the export and import control laws of any other countries. You may not directly or indirectly use, distribute, transfer or transmit content or software from the Site, or products or technical information into which they are incorporated, except in compliance with all applicable export and import laws.
Details
Who
The user
What it does
Must comply with export, re-export and import control laws when using, distributing, transferring or transmitting Site content or software
Where
United States export jurisdiction and the import jurisdiction of other countries; all relevant jurisdictions
Supporting quotations
Content and software from the Mastercard Site may be subject to U.S. export jurisdiction and the import jurisdiction of other countries.
you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions, including, but not limited to, those of the U.S. Department of Commerce, Export Administration Regulations, 15 CFR Parts 730-774, the International Traffic in Arms Regulations, country-specific economic sanctions programs implemented by the Office of Foreign Assets Control and export and import control laws and regulations of any other countries.
You may not, directly or indirectly, use, distribute, transfer or transmit content or software from this Site, whether by way of a direct product or of such materials or products, software, or other technical information into which content or software from this Site has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions.
Qualifications & exceptions
Applies to content and software from the Site, and to products, software or technical information into which they have been incorporated.
The named regulations are examples; the duty covers all applicable laws of all relevant jurisdictions.
Not stated here
The named U.S. regulations and programs are external laws; this card names them as written without resolving or restating their content.
Legal Rights & Agreement Rules · Restriction or exception
These terms are the entire agreement, except page-specific legal notices or terms that may supersede or add to them
Except as provided in the terms, the Terms of Use are the entire agreement between you and Mastercard on their subject matter. Certain provisions may be superseded or added to by designated legal notices or terms located on particular pages, applications, tools or other materials that you may access within the Site. The text does not say which provisions can be superseded, so this qualification reaches the other sections of the document only to the extent such a notice or term applies.
Details
Who
The user and Mastercard
Exception
Designated legal notices or terms on particular pages, applications, tools or other materials within the Site may supersede or add to certain provisions
Supporting quotations
Except as provided herein, these Terms of Use constitute the entire agreement between you and Mastercard pertaining to their subject matter. Certain provisions of these Terms of Use may be superseded or added to by designated legal notices or terms located on particular pages, applications, tools or other materials that you may access within this Site.
Qualifications & exceptions
The entire-agreement statement is qualified by "Except as provided herein".
Supersession or addition applies to "certain provisions" and only through designated legal notices or terms on particular pages, applications, tools or other materials within the Site.
Not stated here
The text does not say which provisions can be superseded, or which page-specific notices exist.
Page-specific notices or terms are not supplied in this source, so what they change is unknown.
Legal Rights & Agreement Rules · Restriction or exception
You cannot assign the terms; Mastercard can; invalid provisions are severed
The Terms of Use may not be assigned by you, while Mastercard may assign its rights and obligations under them at any time. If any part or provision is held unlawful, void, invalid or unenforceable, that portion is deemed severable and does not affect the validity and enforceability of the remaining provisions.
Details
Who
The user (may not assign); Mastercard (may assign)
Condition
A provision held unlawful, void, invalid or unenforceable is severed and the rest remains
Supporting quotations
These Terms of Use may not be assigned by you. Mastercard may assign its rights and obligations set forth in these Terms of Use at any time.
Should any part or provision of these Terms of Use be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Qualifications & exceptions
The assignment rule differs by party: not allowed for you, allowed "at any time" for Mastercard.
Severance applies to a portion "held" unlawful, void, invalid or unenforceable.
Not stated here
The text does not say whether Mastercard must notify you of an assignment.
Legal Rights & Agreement Rules · Restriction or exception
Non-enforcement is not a waiver; electronic acceptance binds you; you agree not to contest validity
Mastercard's failure to enforce any provision of the Terms of Use or any additional terms is not a waiver of that provision or of its right to enforce it. The Terms of Use and any related documents may be accepted in electronic form, such as by an electronic or other means of demonstrating assent, and your acceptance is deemed binding between you and Mastercard. You agree, without limitation, that you will not contest the validity or enforceability of the Terms of Use and any related documents.
Details
Who
Mastercard; the user
What it does
Non-enforcement is not waiver; electronic assent binds; the user will not contest validity or enforceability
Supporting quotations
Mastercard's failure to enforce any provision of these Terms of Use or any additional terms shall not be deemed a waiver of such provisions nor of its right to enforce such provision.
These Terms of Use and any related documents may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent) and your acceptance will be deemed binding between you and Mastercard.
You hereby agree, without limitation, that you not will contest the validity or enforceability of these Terms of Use and any related documents.
Qualifications & exceptions
The no-waiver sentence covers the Terms of Use and any additional terms.
Electronic acceptance covers the Terms of Use and "any related documents".
The no-contest agreement covers validity and enforceability of the Terms of Use and any related documents.
Not stated here
"Related documents" and "additional terms" are not identified in this source.
Closing notice names Mastercard International Incorporated as sponsor; no effective date is given
The closing line carries a 2015 Mastercard copyright notice, says Mastercard, Priceless and the Mastercard Brand Mark are registered trademarks of Mastercard International Incorporated, and names Mastercard International Incorporated, 2000 Purchase Street, Purchase, NY 10577 as sponsor. The copyright year is not an effective date, and the document gives no effective or last-updated date.
The notice states a copyright year of 2015 and lists three registered trademarks.
Not stated here
The document states no effective date or last-updated date; the 2015 copyright year does not show which version is current.
Legal Rights & Agreement Rules · Procedure
Contact: General Counsel, Mastercard International Incorporated, Purchase, NY, or 1-800-MASTERCARD
Under "Customer Service and Contact Information" the document lists General Counsel, Mastercard International Incorporated, 2000 Purchase Street, Purchase, NY 10577 USA, and the telephone number 1-800-MASTERCARD (1-800-627-8372). The text does not say what kinds of inquiries each contact handles.
Details
Who
General Counsel, Mastercard International Incorporated
Where
Purchase, NY 10577 USA
Supporting quotations
Customer Service and Contact Information
General Counsel
Mastercard International Incorporated
2000 Purchase Street
Purchase, NY 10577 USA
Phone: 1-800-MASTERCARD (1-800-627-8372)
Qualifications & exceptions
Listed contacts are a postal address for the General Counsel and a telephone number.
Not stated here
The text does not say which contact handles which kind of question, or hours and response times.