Terms and Conditions
As of July 11, 2017
Welcome to the Card Shower Club and thank you for visiting a Dr. Jen Faber, LLC website. We’re happy to have you here and a part of our community. When we say ‘we’, ‘us’ or ‘Card Shower’ it’s because that’s who we are and we own and run the Card Shower Club site and membership.
Below are our detailed terms and conditions that you must read and accept before using CardShowerClub.com or any other affiliate sites (including our official Facebook page and private Facebook community) (hereafter, the “Websites”). If you decide to join the Card Shower Club and utilize services provided by the Websites (hereafter, the “Services”), you are bound by these Terms and Conditions.
These terms and conditions, privacy policy, and earnings disclaimer are subject to change by Dr. Jen Faber, LLC. (hereinafter “Company”) at any time and at our discretion without notice by updating this posting.
These terms and conditions govern your use of this web site. By accessing this web site, you are acknowledging and accepting these terms and conditions. Your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site. If at any time you choose not to accept these terms of use, please do not use this site or any of our sites.
These Terms and Conditions apply to users visiting or registering on or after July 11, 2017.
1. Overview
The Card Shower Club’s online platform helps people around the world celebrate and honor the milestones of life. When you join and accept these terms, you become a member of our community. You will have access to our private Facebook group that will allow you to post and participate in card showers like the ones found our website, Facebook page, Facebook group and other related sites.
The Card Shower Club membership allows members to actively communicate with other members in our Facebook community and participate in as well as post requests for card showers. In our private community, members interact with each other directly and we provide the platform to allow card shower participation and communication happen. If you are a Card Shower Club member, you’ll receive a monthly receipt for your membership fee, which you can cancel or renew at any time, and you will be emailed details of those payments.
The card showers posted in the Card Shower Club are generated by the members, and occasionally by the Card Shower Club team if we receive requests or want to generate our own card shower. The card showers that are posted by members are done so at the direction of the specific member. We provide a platform; we do not take ownership of the card showers.
During your time as a member of the Card Shower Club, you agree to follow the ground rules outlined in these terms, so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the Card Shower Club sites is conditional on your acceptance to be bound by these terms, the Privacy Policy, Member Guidelines, and Rules of Conduct whether you become a member or not.
By accessing the Websites, you agree to the following terms and conditions (the “Terms and Conditions” or “Agreement”). You are legally bound by this Agreement, which is between you and CardShowerClub.com Operations. The Agreement defines your rights and responsibilities as a user ("User") of the Websites, which are operated by CardShowerClub.com Operations or its subsidiaries (together, and with their parent corporations, other subsidiaries and affiliates, “Card Shower Club,” “we,” or “us”).
The Websites are operated in the United States of America. Access to the Websites is governed by these Terms and Conditions under the laws of the State of Florida and the United States. Registration as a User on the any of the Websites results in your information being stored and processed in the United States, and you specifically consent to the Card Shower Club’s storage and processing of the personal data you submit. You may access your information at any time to confirm its correctness and to keep it current in connection with your registration or membership. Users of the Websites can communicate with other Users in order to collaborate and exchange personal information to post or participate in card showers within our community (together with the Users of the Websites and other websites and platforms owned by CardShowerClub.com).
The Websites and Services provided herein are intended for adults. When a minor uses the Websites, the parent or guardian of that minor will be held responsible for the minor’s actions.
These Terms, including all terms, conditions and policies incorporated herein by reference, together with any legal notices published on the Websites, shall constitute the entire agreement between you and Card Shower Club concerning the Websites. If you don't agree with any of these Terms, or if you have any objections to our Privacy Statement you must not use the Services or the Websites.
2. Your Use of the Websites
The Websites contain text, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, user generated information, editorial and other content accessible by Users (the “Content”). All Content is owned, licensed to and/or copyrighted by Card Shower Club and may be used only in accordance with this Agreement. Each Website is also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The trademarks, service marks and logos contained in the Websites are owned by or licensed to Card Shower Club. Card Shower Club and its licensors retain title, ownership and all other rights and interests in and to all information and Content on the Websites. All Content on the Websites, whether protected by copyright, contract rights, or both, is provided to you AS IS for your information and use only as permitted through the functionality of the Websites. We attempt to ensure that all Content on the Websites is complete and accurate. Despite our efforts, the Content may occasionally be inaccurate or incomplete and we make no representation that the Content on the Websites is complete, accurate, reliable or error-free.
You may access the Websites only personally with an individual browser and use the Content only for personal reasons.
Downloading Content is prohibited by the Card Shower Club. For example, the download of the whole or material parts of any work is prohibited. Reposting of any content by the Websites or other members or portion thereof is prohibited. Online or other republication of Content is prohibited.
Where permitted, the Content may be downloaded onto your computer or device through the use of authorized Card Shower Club. When downloaded, the Content remains subject to the limited use license contained in this Agreement. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may use the software provided on the Websites only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated that such software is made available for offline use. Bots, crawlers, spiders, data miners, scraping and other automatic access tools are expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites or Services or the Content therein. The licenses granted by Card Shower Club terminate if you do not comply with this Agreement. Violation of this limited use license may result in immediate termination of your membership and may result in legal action against you.
Card Shower Club does not claim an exclusive right to images already in the public domain that it has converted into a digital format. However, the Websites contain images or documents that are protected by copyrights or that, even if in the public domain, are subject to restrictions on reuse. By agreeing to these Terms and Conditions, you agree to not reuse these images or documents except that you may reuse public domain images so long as you only use small portions of the images or documents for personal use. If you republish public domain images, you agree to credit the relevant Card Shower Club Website as the source of the digital image, unless additional specific restrictions apply. If you wish to republish more than a small portion of the images or documents from any of the Websites, you agree to obtain prior written permission from us.
By using any of the Websites, you agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights). You must also agree that you will not knowingly or willfully submit inaccurate, defamatory or offensive Content to the Websites. In addition, the following policies are part of this Agreement and must be followed anytime you access the Websites:
Card Shower Club reserves the right to change these policies from time to time and the changes take effect when we post them on the Websites.
3. How Membership Works
You need to be 18 years or over to become a member of the Card Shower Club. If you’re under 18, you will need to get a parent or guardian who is at least 18 years of age to become a member and, with their permission, and this adult will be responsible for all your activities.
Membership is charged per month or year, based on your choice when you join. When you become a member, you get access to our private, members-only Facebook group, so you can share and participate in card showers.
You promise that information you give us is true, accurate and complete and, if you sign up for a Card Shower Club membership, that you will keep your account information up-to-date (including a current email address). Your membership is not transferrable. You are responsible for any use of the Card Shower club sites including any activity that occurs in conjunction with your account, so keep your membership access secure and don’t let any other person use your username or password to access your account. If you realize there’s any unauthorized use of your password or any breach of security you need to let us know immediately.
Membership is not an automatic right, it is a benefit for community members who follow our reasonable rules and treat other community members well. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of the Card Shower Club complies with these terms and our Member Guidelines. We can suspend or terminate your Card Shower Club membership at any time for any reason (acting reasonably of course) for any of the following reasons:
a. if you breach these terms;
b. if you act in a way that does not align with the values of our community; or
c. If you act in a way that could cause us or members harm.
If we do decide to permanently terminate your Card Shower Club membership you must not apply for a new account as unfortunately you will no longer be welcome in our community.
4. User Provided Content
Portions of the Service and Content on the Websites are submitted by you and other users ("User Provided Content"), to which you may contribute appropriate material. User Provided Content includes, but is not limited to, any information you upload to the Websites, any posts you make on our message boards or community forums, and any comments or suggestions you send to us. For User Provided Content, we are merely hosting and providing access as well as providing tools to post and share content, and we cannot accept any liability with regard to such material (including with respect to its accuracy). While we cannot preview or monitor the User Provided Content, we may apply, at our discretion, automated filtering tools monitor and/or delete any content that Card Shower Club believes to be in violation of this Agreement (for example, we could use automated tools to suppress obscene content). We reserve the right, but do not have the obligation, to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement. We are also sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, please email us with your concern at [email protected].
By submitting User Provided Content on any of the Websites, you grant Card Shower Club and its Group Companies a perpetual, transferable, worldwide, royalty-free, license to host, store, copy, publish, distribute, provide access to create derivative works of, and otherwise use User Provided Content submitted by you to the Websites, to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby release Card Shower Club and its Group Companies from any and all claims, liens, demands, actions or suits in connection with the User Provided Content you submit, including, without limitation, any and all liability for any use or nonuse of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This license continues even if you stop using the Websites or the Services. Card Shower Club may scan, image and/or create an index from the User Provided Content you submit. In this situation, you grant Card Shower Club a license to the User Provided Content as described above and Card Shower Club will own the digital version of documents created by Card Shower Club as well as any indexed information that Card Shower Club creates. Except for the rights granted in this Agreement, Card Shower Club acquires no title or ownership rights in or to any User Provided Content you submit and nothing in this Agreement conveys any ownership rights in such User Provided Content on the Websites. The licenses granted continue for the maximum time permitted by applicable law, even if you stop using the Websites or the Services.
You acknowledge and agree that Card Shower Club may preserve any User Provided Content and may disclose any User Provided Content (including its origin) if Card Shower Club believes that it is required to do so by law or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or safety of the Websites, the Users, or the public.
5. Membership Terms, Fees and Payments
Users of the Websites may be unregistered visitors or paying members. The different payment options and services offered for the different levels will be published on the relevant Website or at the time a membership or other service is offered or renewed. Any terms and conditions applying to such memberships or other services are incorporated into this Agreement.
You must be 18 years or older to use or subscribe to any of the Websites. You must provide Card Shower Club with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. As part of the registration process, you will be asked to submit personal information so you have access to our online private Facebook community. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. You are responsible for all usage or activity on Card Shower Club via your membership.
Distribution of your access to our members-only Facebook community to others for access to Card Shower Club is expressly prohibited. You must immediately notify us by the contact information below of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information.
All memberships are automatically renewed. This means that once you sign up for a free trial, if applicable, or become a subscribing member, your membership will be automatically renewed and your billing method will be charged based on the membership program (monthly, annually, etc.) you have chosen unless you opt out or cancel by following the instructions in this Agreement. Please ensure that you correct any information which has changed in respect to your Payment Method to prevent your membership lapsing due to us being unable to process your payment. Billing charges will be processed immediately when your order is taken and according to the billing details displayed when you choose a membership, as well as when your membership is automatically renewed. In the case of memberships longer than one month, you will be notified via email before your membership ends and asked to correct any information which has changed and reminded of the opportunity to “opt out” of your renewal. The renewal of the membership takes place subject to the terms and conditions in force on the date of renewal. When other offers, promotions or free trials are made available, the specific terms and conditions that apply to each will be stated at the time of purchase; please ensure you have noted any relevant rules, cancellation dates or price changes when a promotion or free trial ends.
You may opt out of renewing your membership by email via the contact information below at least 5 business days before the renewal date and following the cancellation instructions there. If you do not let us know that you want to terminate your membership at least 5 business days prior to the end of the current membership period, the payment for the renewal period of the membership will be processed.
If you sign up for a free trial, you may cancel at any time during the free trial period and incur no charge. Monthly memberships and any membership that is billed on a monthly basis may be cancelled at any time but are not eligible for a refund. For initial purchases of memberships longer than one month where the entire membership amount is billed at one time, you may cancel during the first 30 days and receive a full refund. If such membership begins with a free trial, the 30-day refund period begins after the free trial ends. If you cancel your membership, you will retain access to the applicable Website(s) until your membership expires. Cancellations may be made by via email via the contact information below. Your cancellation request must be received by end of business (5:00 p.m. Eastern Time) on the appropriate day as described above. All refunds will be given to the original credit card on which the purchase was made. Please allow a reasonable time for the refund to reach you or be charged back to your account.
If we believe, in our sole discretion, that you are in breach of this Agreement or are acting inconsistently with the letter or spirit of this Agreement, we may limit, suspend or terminate your access to the Websites. In such a case, no portion of your membership payment will be refunded. We also reserve the right to suspend or terminate your access to the Websites for any reason, and should we decide to suspend your access for any reason other than a breach by you, we will refund to you any unused portion of your membership payment, which will be your sole and exclusive remedy upon such suspension or termination.
Prices may be changed by Card Shower Club at any time and each renewal of your membership will be at the price that you were originally charged for that membership when you subscribed unless otherwise stated or there is a change in your membership price. Card Shower Club shall provide you with reasonable notice of any change in prices prior to the effective date of the new pricing by email or other reasonable means such as a notice on the pertinent Website(s) or in usual subscriber communications. If you do not wish to continue with your membership due to the new prices, you may opt out of renewal or cancel as set forth above.
6. Communications Between Card Shower Club and You
We may contact you (via the Websites, electronic mail, physical mail or otherwise) for the purpose of informing you of changes or additions to the Websites or Services, or of any related products and services. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt out of commercial advertising and marketing communications at any time by following the unsubscribe instructions included in each communication or by going to your Account page on the relevant Website(s) and changing your preferences. Please see our Privacy Statement for further information on how we manage and process your personal information.
7. Intellectual Property
We own all the Card Shower club content that we have put on our Websites (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Card Shower Club sites, and copyright, trademarks, designs and other intellectual property on the websites. We own all the trademarks, logos, service marks and trade names on Card Shower Club websites (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Card Shower Club Content or use any of our intellectual property in any way not expressly stated in these terms.
You acknowledge and agree that all content and materials available on this web site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Card Shower Club is a U.S. copyright of COMPANY and/or its related companies.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us at [email protected].
8. Modifications to this Agreement
Card Shower Club has the right, at its sole discretion, to modify this Agreement, as well as the Websites, Content, and the Services, at any time. Changes will be posted on the pertinent Website(s) and/or sent via email, and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to the Websites, Content, or the Services is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your membership by following the instructions in this Agreement. Continued use of the Websites or the Services now or following posted notices of changes to this Agreement means that you have accepted and agree to be bound by the changes.
9. Liability Disclaimer
We make no express warranties or representations as to the quality and/or accuracy of the Content, the Websites or the Services, and we expressly disclaim any implied warranties, conditions and/or representations, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the full extent permissible under applicable law. We offer the Content, the Websites and the Services on an "as is” basis and do not accept responsibility for any use of or reliance on the Websites, Content or Services, or for any disruptions to or delay in the Services. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Websites, Content or Services. Card Shower Club does not guarantee the adequacy of the Services or Websites or compatibility thereof to your computer equipment, mobile devices, or environment and does not warrant that the Websites, the Services, their servers, or any emails which may be sent from Card Shower Club are free of viruses or any other harmful components.
To the fullest extent permissible under applicable law, we limit our liability. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, we shall not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any portion of the Websites or the Services, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Websites and the Services. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as to us if your account is used in violation of the terms and conditions of this Agreement.
You agree to defend, indemnify and hold harmless Card Shower Club, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Websites and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Provided Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Websites and Services.
Card Shower Club may, from time to time, provide opportunities to Users of the Websites to purchase services from third parties. Websites of those third parties are subject to terms and conditions different from those applicable to the Websites and it is your responsibility to ensure that you have read and understood them. Card Shower Club makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Card Shower Club.
10. Governing Law; Disputes
By using the Services or the Websites, you agree that the Federal Arbitration Act, applicable federal law, and the law of the State of Florida, without regard to its principles on conflicts of laws, will govern these Terms and Conditions, your use of the Websites and the Services, and any dispute of any sort that might arise between you and Card Shower Club.
If a dispute arises between you and Card Shower Club, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To that end, you agree to first contact Card Shower Club Customer Support by phone or email via the contact information below to describe the problem and seek a resolution. If that does not resolve the issue, then you and Card Shower Club agree that any dispute or claim relating to your use of the Services or the Websites will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In addition, you and Card Shower Club both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, you and Card Shower Club each waive any right to a jury trial.
You and Card Shower Club agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative action. Further, unless both you and Card Shower Club agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This entire arbitration provision shall survive termination of this Agreement and the termination of your Card Shower Club membership(s).
To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to Card Shower Club using the contact information provided below.
11. Miscellaneous
Promotions. Any sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available by Card Shower Club may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Statement. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.
Assignment. We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of Card Shower Club, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.
Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
Waiver. Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
Complete Agreement. This Agreement, including any terms, conditions and policies expressly referenced herein, together with any legal notices published on the Websites, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Card Shower Club.
12. Contact Us
If you have any questions or comments, or would like to discuss your membership with our Customer Support staff, please contact us via email at [email protected] or via postal mail to:
Card Shower Club
c/o Jen Faber
75 N Woodward Ave., #89658
Tallahassee, FL 32313