Terms of Use

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.

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.

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.

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

• contrast (model-proposed): Site materials may not be copied, modified, reposted, framed, deep linked or redistributed by you — One section licenses viewing, sharing, printing and downloading Content for personal use; another says the materials may not be copied or distributed in any form by you without repeating that qualification. The text does not say how the two fit together.
• defined by (model-proposed): Site Content is protected and owned by Mastercard or used under license; some features may be patented — The personal-use license applies to "Content, as defined below"; the Intellectual Property Rights section supplies that definition.

Content & IP Rights · Permission or license

Limited right to link to the Site, conditioned on no misleading portrayal or implied endorsement

You also get a "limited, revocable, and nonexclusive right" to create a hyperlink to the Site or its Content, so long as the link does not portray Mastercard or its products or services in a false, misleading, derogatory or otherwise offensive way (the source says "matter") or imply that Mastercard sponsors or endorses your site, page or content. The Intellectual Property Rights section separately lists "deep linked to" among things the Site's materials may not be.

Supporting quotations

You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site or its 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 matter or imply a sponsorship or endorsement of your site, page or content by Mastercard.

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.

Qualifications & exceptions

• Conditioned on the link not portraying Mastercard or its products or services in a false, misleading, derogatory or otherwise offensive way.
• Conditioned on the link not implying sponsorship or endorsement of your site, page or content by Mastercard.
• The right is limited, revocable and nonexclusive.

Not stated here

• The text does not say how this permitted hyperlink to the Site or its Content relates to the Intellectual Property Rights section's statement that the materials may not be "deep linked to"; the line between a permitted link and a prohibited deep link is not defined.

Cross-references

• contrast (model-proposed): Site materials may not be copied, modified, reposted, framed, deep linked or redistributed by you — A limited right to link to the Site or its Content sits beside a statement that the materials may not be deep linked to; the text does not define deep linking or say how a permitted link differs from it.

Security & Safeguards · Restriction or exception

No use of the Site that could damage or impair it or interfere with others' use

You may not access or use the Mastercard Site in any way that could, or is intended to, damage or impair the Site or any server or network underlying it, or that interferes with anyone else's use and enjoyment of the Site. The wording covers use that could cause damage, not only use intended to.

Supporting quotations

You may not access or use the Mastercard Site in any way that could or is intended to damage or impair the Mastercard Site, or any server or network underlying the Mastercard Site, or interfere with anyone else's use and enjoyment of the Site.

Qualifications & exceptions

• Covers use that "could or is intended to" damage or impair, so intent is not required.
• Reaches the Site and any server or network underlying it, and anyone else's use and enjoyment of the Site.

Not stated here

• The text does not list examples of use that would count as impairing the Site or interfering with others' enjoyment of it.

Data Access & Collection · Restriction or exception

No automated access to the Site; no collecting or exploiting other users' personal information

You may not use automated systems such as robots or spiders to access the Site. You also agree not to collect personally identifiable information of other users of the Site, or to sell or otherwise exploit that information.

Supporting quotations

You may not use automated systems (e.g., robots, spiders, etc.) to access the Site.

You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information.

Qualifications & exceptions

• The automation ban is introduced with "e.g., robots, spiders, etc.", so the listed examples are not stated to be exhaustive.
• The personal-information restriction concerns other users of the Site, and covers both collecting and selling or otherwise exploiting that information.

Not stated here

• The text does not define "personally identifiable information" or say what information about other users is visible to a person using the Site.
• Whether ordinary tools such as browsers or assistive software count as "automated systems" is not stated.

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.

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.

Account & Service Control · Restriction or exception

Mastercard can deny anyone access to the Site without notice, for any reason

Mastercard keeps the right to deny access to the Site to anyone, without notice, at its complete discretion, for any reason; the text names violation of the Terms of Use, including any use rights, as one example reason.

Supporting quotations

MASTERCARD RETAINS THE RIGHT TO DENY ACCESS TO THIS SITE TO ANYONE WITHOUT NOTICE AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING FOR VIOLATION OF ANY OF THESE TERMS OF USE, INCLUDING ANY USE RIGHTS.

Qualifications & exceptions

• No notice is required.
• The right is stated as "complete discretion for any reason"; violation of the Terms of Use is given as an example, not as a limit.

Not stated here

• The text describes no appeal, warning or process before or after access is denied.

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.

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".

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.

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

• defines (model-proposed): Limited, revocable license to view, share, print or download Site Content for personal use only — The personal-use license applies to "Content, as defined below"; the Intellectual Property Rights section supplies that definition.

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.

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

• contrast (model-proposed): Limited, revocable license to view, share, print or download Site Content for personal use only — One section licenses viewing, sharing, printing and downloading Content for personal use; another says the materials may not be copied or distributed in any form by you without repeating that qualification. The text does not say how the two fit together.
• contrast (model-proposed): Limited right to link to the Site, conditioned on no misleading portrayal or implied endorsement — A limited right to link to the Site or its Content sits beside a statement that the materials may not be deep linked to; the text does not define deep linking or say how a permitted link differs from it.

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.

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.

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.

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 · Company practice

Infringing content may be removed immediately and users suspended; third-party material may appear on the Site

Mastercard says that in operating the Site it may act as a "services provider" as defined by the DMCA, offering services as an online provider of materials and links to third party web sites, so third-party materials that Mastercard does not own or control may be transmitted, stored, accessed or otherwise made available through the Site. It has adopted a policy of immediate removal of any content, or suspension of any user, that is found to have infringed the rights of Mastercard or of a third party, or to have otherwise violated intellectual property laws or regulations, or "this Agreement". The text does not say who makes the finding or what process leads to it. "This Agreement" is not defined in this document, which otherwise calls itself the Terms of Use; this card keeps the source wording.

Supporting quotations

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.

third party materials that Mastercard does not own or control may be transmitted, stored, accessed or otherwise made available using the Site.

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 this Agreement.

The Mastercard Site may contain third party content and links to other web sites that are completely independent of this Site.

Qualifications & exceptions

• The removal or suspension policy applies to content or users "found" to have infringed rights of Mastercard or a third party, or to have otherwise violated IP laws or regulations, or "this Agreement".
• Mastercard says it "may" act as a DMCA services provider; it does not say it always does.

Not stated here

• The text does not say who finds infringement, on what standard, or whether a user is told before suspension.
• "This Agreement" is not defined in this source; whether it means these Terms of Use or something broader is not stated.
• The DMCA is an external law that this card names without resolving or restating its content.

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.

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.

Legal Rights & Agreement Rules · Procedure

What an infringement notice must include

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.

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.

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.

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.

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.

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.

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.

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.

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.

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".

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

• contrast (model-proposed): Feedback and anything you transmit or post becomes Mastercard's property, usable without compensation — User Submissions are licensed to Mastercard on a non-exclusive basis, yet anything a user transmits or posts is said elsewhere to become Mastercard's property; the text does not say whether the second reaches User Submissions.

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.

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.

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.

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

• contrast (model-proposed): Broad worldwide license to Mastercard over your User Submissions, including the right to edit and register copyright — User Submissions are licensed to Mastercard on a non-exclusive basis, yet anything a user transmits or posts is said elsewhere to become Mastercard's property; the text does not say whether the second reaches User Submissions.

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.

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.

Charges & Financial Obligations · Restriction or exception

Merchant offers on the Site can change anytime; deals with merchants are between you and them

Merchants may provide Mastercard with discounts, rebates or other benefits (for example free shipping) on purchases of goods and services ("Offers") that are made available on the Site. Offers are subject to their own terms and conditions and may change at any time without notice. Mastercard will not be liable for any loss or damage from your interaction with a merchant about an Offer. Except as set out in the terms, matters such as delivery of goods and services, returns and warranties are solely and strictly between you and the merchant. You acknowledge that Mastercard does not endorse or warrant the merchants accessible through the Site or their Offers. The source sentence reads "Mastercard and does not endorse"; this card keeps the wording.

Supporting quotations

Merchant and Merchants Offers

Merchants may provide to Mastercard certain discounts, rebates or other benefits (e.g. free shipping) on the purchases of goods and services ("Offers") that will be available on the Mastercard Site.

Such Offers are subject to certain terms and conditions and may change at any time without notice to you. Mastercard will not be liable for any loss or damage incurred as a result of any interaction between you and a merchant with respect to such Offers.

Except as set forth herein, all matters, including but not limited to delivery of goods and services, returns, and warranties are solely and strictly between you and the applicable merchants. You acknowledge that Mastercard and does not endorse or warrant the merchants that are accessible through the Mastercard Site nor the Offers that they provide.

Qualifications & exceptions

• Offers are subject to their own terms and conditions and may change at any time without notice to you.
• The allocation of delivery, returns and warranties to the merchant is qualified by "Except as set forth herein".
• Mastercard's limits are stated for loss or damage from your interaction with a merchant about Offers.

Not stated here

• The terms the Offers are "subject to" are not supplied here.
• The "Except as set forth herein" qualifier is not tied to a specific provision.

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.

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.

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.

Data Access & Collection · Context

Privacy handled by the Global Privacy Notice and any country- or program-specific policies

Mastercard says it recognizes the importance of respecting visitors' privacy. It points to the Mastercard Global Privacy Notice for an overview of what to expect when you enroll in a program or browse the Site, and says different or program-specific policies may apply to country-specific or program-specific pages, with the applicable version linked at the bottom of any page. This section states no data practices itself.

Supporting quotations

Privacy Policy

The Mastercard Global Privacy Notice (linked below) provides an overview of what you can expect when you enroll in one of our programs or simply browse the Mastercard Site. Different or program specific policies may be applicable to our country-specific or program-specific pages. Please see the link at the bottom of any page for the applicable version of our policy.

Qualifications & exceptions

• Program-specific or country-specific policies may apply to country-specific or program-specific pages.

Not stated here

• The linked Global Privacy Notice and any program-specific policies are not supplied in this source, so what is collected, used, shared or kept is not stated here.

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.

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.

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.

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.

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.

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.

Charges & Financial Obligations · Context

Mastercard says it does not issue cards; your card relationship and questions go to your issuing bank

Under the heading "Inapplicability of Terms of Use to any Mastercard Payment Card Cardholder Agreement", Mastercard describes itself as a payment services organization that is not a financial institution and does not issue credit, debit, check or payment cards. Your Mastercard branded card relationship is with the issuing bank or financial institution, not with Mastercard, and questions or issues about your card or cardholder account should go to that issuer. Mastercard's relationship with the issuer does not pertain to individual cardholders or card accounts. These are the terms for the Mastercard Site; they are not a cardholder agreement, and the text does not supply any issuer's cardholder agreement.

Supporting quotations

Inapplicability of Terms of Use to any Mastercard Payment Card Cardholder Agreement

Mastercard is not a financial institution and does not issue credit, debit, check or payment cards of any type of nature. Your Mastercard branded payment card relationship is with an issuing bank or financial institution, and not with Mastercard directly. Any and all questions or issues regarding your Mastercard branded payment card or cardholder account should be directed to the bank or financial institution that issued your card, and not to Mastercard.

While Mastercard has a relationship with your issuing bank or financial institution, that relationship does not pertain to individual cardholders or payment card accounts.

Qualifications & exceptions

• Concerns Mastercard branded payment cards and cardholder accounts, which the text places with the issuing bank or financial institution.
• The heading states that these Terms of Use are inapplicable to a Mastercard Payment Card Cardholder Agreement.

Not stated here

• Any issuer's cardholder agreement is not supplied in this source, so card fees, liability and dispute terms are not stated here.
• The body does not repeat the heading's word "inapplicability"; the card relies on the heading for that scope.

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.

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.

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.

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.

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.

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.

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.

Legal Rights & Agreement Rules · Context

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.

Supporting quotations

©2015 Mastercard. Mastercard, Priceless, and the Mastercard Brand Mark are registered trademarks of Mastercard International Incorporated. Sponsor: Mastercard International Incorporated, 2000 Purchase Street, Purchase, NY 10577

Qualifications & exceptions

• 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.

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.