Effective Date: April 18, 2016
Mastercard International Incorporated and its affiliates (“Mastercard”) respect your privacy. This Privacy Notice applies to registered users of the Mastercard Meetings mobile application (collectively, “App”). It describes the types of personal data we collect in connection with the App, the purposes for which we collect that personal data, the other parties with whom we may share it and the measures we take to protect the security of the data. It also tells you about your rights and choices with respect to your personal data, and how you can reach us to update your contact information or get answers to questions you may have about our privacy practices. If you are a Mastercard employee, additional policies, such as the Global Policy Regarding the Collection and Use of Human Resources Personal Data, may apply in addition. Except as set forth in Section 10, the entity responsible for the collection and use of your personal data in the context of the App are:
Mastercard International Incorporated
2000 Purchase Street
Purchase, NY 10577
1. Personal Data We Collect
a. Personal Data Provided by You
In connection with your use of App, we may ask you for certain personal data upon registration, or when you use the app, such as your name, email address, telephone number, user name, and password. We also provide the ability for you to post additional content within the App, such as comments or photos, or within your user profile.
b. Personal Data Provided by Other App Users
Other users of the App may be able to provide personal data about you. For example, other users may post content in the App, such as a comment or photograph, which refers to you. Mastercard does not control the content of App users’ posts.
c. Information We Collect Automatically
We may collect certain information by automated means when you use the App (“Usage Information”), such as information about the aspects of the App that you use or visit, the time of day you access the App, and how long you spend using the App, mobile carrier, mobile internet browser, the operating system on your Device, and other information described in this Privacy Notice.
The data collected automatically are processed in order to improve the App and to provide you with the best information and services. We may also collect the mobile device IP address or other unique identifier ("Device Identifier") for any mobile phone, tablet, or other device (any, a "Device") used to access the Platforms. A Device Identifier is automatically assigned to your Device, and our servers identify your Device by its Device Identifier.
The App may contain functionality that collects information about your location, such as via GPS (global positioning systems), your mobile network, or Bluetooth beacon. Location information may be used to verify your location and deliver content based on your location.
2. How We Use the Personal Data We Collect
We may use the personal data we obtain about you in connection with the App to:
- Provide you with information about the event that you are attending, including via email and push notification on your mobile device;
- Enable features of the App, such as attendee lists; posting and commenting functionality; meeting schedules and personalized schedules; "check-ins"; surveys/polls; messaging; agenda sessions; exhibitors; recommendations; content customization; lists of speakers and locations; and notifications and reminders;
- Prepopulate App fields such as conference agendas, attendee lists, speakers, exhibitor lists, and meeting location information;
- Display content you post within the App to other users of the App;
- Create and manage your online account, provide our products and services, and respond to your inquiries;
- Communicate with you through the App, by email, or by other means;
- Protect against and prevent fraud; unauthorized activity; and claims and other liabilities; and manage risk exposure and franchise quality;
- Operate, evaluate, and improve our business (including by developing new products and services; managing our communications; determining the effectiveness of our advertising; analyzing our products, services, and websites; facilitating the functionality of our websites and mobile applications; and performing accounting, auditing, billing, reconciliation, and collection activities);
- Assist third parties in the provision of products or services that you request from third parties;
- Monitor the use of and improve our interactive assets;
- Perform data analyses (including anonymization of personal information) to determine, among other measurements, business performance, number of registrants, channels, and app performance;
- Comply with applicable legal requirements and industry standards and our policies;
- Respond to and process inquiries, complaints, disputes; and
- Perform auditing, research, and analysis in order to maintain, protect, and improve our services.
We also may use the information in other ways for which we provide specific notice at the time of collection.
Push Notifications: If you are a registered user of the App, you may receive conference notifications in the Notifications section within the App, such as: notifications of posts from the persons that you elect to follow; notifications to your followers of your posts within the App; general meeting and event information; schedule reminders; and meeting room or venue changes. With your consent, we may send push notifications or alerts to your mobile device even when you are not logged in. We use push notifications to send you notifications related to the Mastercard Meeting. At any time, you can manage your push notification preferences or deactivate these notifications at any time by turning off the notification settings in the App or in the Device Settings of your mobile device. If you choose not to receive push notifications, then you will still receive In-App notifications in the Notifications section within the App.
Location Information: When you use the App and with your consent, we may collect and use your precise (or GPS) location information collected from the App to enhance your use of the App by providing you with sessions and meetings nearby. Please note that turning off location services may affect certain features of our App.
Photos and Camera: We will not access your photos or camera without first getting your explicit permission. If you give us permission to access photos or your camera, we will only use images that you specifically choose to share with us. You may use our application to select the photo or photos you choose to share, but we will never import the photos you review except those you explicitly share. At any time, you can manage your Photos and Camera preferences by turning off this feature in the Device Settings of your mobile device.
3. Personal Data We Share
We do not sell or otherwise disclose personal data we collect about you, except as described in this Privacy Notice or otherwise disclosed to you at the time the data is collected.
Service Providers: We may share personal data with our service providers who perform services on our behalf, such as companies that develop and support the operation of the App, and send email or other electronic communications. In some instances, these service providers may collect information directly from you on our behalf. We do not authorize these service providers to use or disclose the data except as necessary to perform certain services on our behalf or comply with legal requirements. We require these service providers by contract to appropriately safeguard the privacy and security of personal data they process on our behalf.
Other App Users: The App is social in nature. Other App users may be able to view your profile within the App (which typically will contain your name and company) on a list of attendees at the meeting. The App allows users of the App (such as conference attendees and invitees) to interact with each other. All posts you make within the App (such as posting a status update, photo, or check-in) are visible to other attendees and invitees.
Speakers, Exhibitors, or Sponsors: If you are a speaker, exhibitor, or sponsor of one our Mastercard meetings, we may pre-populate the App with information about your participation in the Mastercard meeting as well as your personal data that you provide to us via conference registration or otherwise with your consent. Personal data may include: Speaker – name, company name, title and photo; and/or Exhibitor/Sponsor – designated employee name, title, company name and logo, photo, booth information, and/or company contact information.
Administrative and Legal Reasons: We also may disclose data about you: (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.
Affiliates and Business Transitions: We may transfer personal data to other Mastercard affiliates for business and operational purposes. We also reserve the right to transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution, or liquidation). Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with this Privacy Notice.
4. Your Rights and Choices
You may have certain rights under applicable law regarding the personal data we maintain about you. We offer you certain choices about what personal data we collect from you, how we use that information, and how we communicate with you.
You can access your account by logging into your account profile in the App, where you can view or change your personal details. You can at any time tell us not to send you marketing communications by e-mail by clicking on the unsubscribe link within the marketing e-mails you receive from us. We will apply your preferences going forward. In some circumstances, withdrawing your consent to our use or disclosure of your personal data may mean that you cannot take advantage of certain products or services.
The App provides several privacy controls accessible through the App Settings screen, such as whether the App may deliver push notifications based on other users’ activity or by encountering a beacon. By default, notifications are turned “on.”
You may also change settings directly on your phone that may affect your privacy when using the App. iOS users can access their device “Settings” from the iOS Home Screen. Android users can access their device Settings, typically by dragging down the Notifications Bar. On the Settings screen, users may choose to prevent the App from accessing one’s location (e.g., GPS coordinates) by disabling Location services, or from looking for beacons by disabling Bluetooth. Depending on your phone and the version of iOS or Android that you are using, you may be able to control some settings on an app-by-app basis.
Where required by law, Mastercard obtains your prior opt-in consent at the time of collection for the processing of (i) personal data for marketing purposes and (ii) personal data deemed sensitive pursuant to applicable law.
Subject to applicable law, you may have the right to request access to and receive information about the personal data we maintain about you, update and correct inaccuracies in your personal data, and have the information blocked or deleted, as appropriate. The right to access personal information may be limited in some circumstances by local law requirements. To update your preferences, ask us to remove your information from our mailing lists or submit an access request, please contact us as specified in the “How to Contact Us” section below.
5. How We Protect Personal Data
We maintain appropriate administrative, technical, and physical safeguards to protect personal data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the personal data in our possession. We also take measures to destroy or permanently de-identify personal information when there is no longer a business need to keep the information. The types of measures we take vary with the type of information, and how it is collected and stored.
Please note that no collection or data transmission can be guaranteed to be 100% secure. Therefore, while we strive to protect your personal data, we cannot guarantee or warrant the security of any data transmission.
We will never ask you for your password in any unsolicited communication (including unsolicited correspondence, such as letters, phone calls, or e-mail messages). If you believe your user name and password have been compromised, please contact us by following the instructions provided in the section "How to Contact Us" below.
6. Data Transfers
We may transfer personal information to countries other than the country in which the data was originally collected. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your personal information to other countries, we will protect that information as described in this Privacy Notice.
Mastercard is a global business. To offer our services, we may need to transfer your personal information among several countries, including the United States, where we are headquartered. We comply with applicable legal requirements providing adequate safeguards for the transfer of personal information to countries outside of the European Economic Area or Switzerland.
7. Features and Links to Other Websites
Our App may contain certain features for which we partner with other entities or provide links to other websites for your convenience and information. These features may include social networking, geographic location tools, and links to other websites or applications, any of which may not be owned or operated by Mastercard. These other features, websites, or mobile applications may have their own privacy notices or policies, which we strongly suggest you review. To the extent any features or linked websites you visit are not owned or operated by Mastercard, we are not responsible for the sites’ content, any use of the sites, or the privacy practices of the sites.
8. Additional Information
The App is not intended for children, and Mastercard does not knowingly collect information from persons younger than the age of thirteen (13). If we learn that we have inadvertently collected information from a person younger than the age of 13, we will take commercially reasonable efforts to delete that information.
Global Privacy & Data Usage Officer
Mastercard International Incorporated
2000 Purchase Street
Purchase, New York 10577
If you are located in the EEA or Switzerland, Mastercard Europe sprl may be the entity responsible for the processing of your personal information. If you are located in the EEA or Switzerland, you may e-mail us at: firstname.lastname@example.org; or write to us at:
Global Privacy Officer
Mastercard Europe SA
Chaussée de Tervuren 198A
To assist us in responding to your request, please give full details of the issue, including that your request relates to the Mastercard Meetings App.
TERMS OF SERVICE
Effective Date: April 18, 2016
These Terms of Service (“TOS”) constitute a binding legal contract between you and MasterCard International Incorporated (“MasterCard”). By downloading, installing, accessing, or using the MasterCard Meetings App (the “App”), a software application that allows you to obtain information and enhance your experience at in-person MasterCard meetings or conferences, you agree to comply with and will be bound by the terms of these TOS. If you do not agree to the terms of these TOS, MasterCard is not willing to grant you any right to use or access the App. In such event, you may not download, install, access, use, or copy the App or any content located therein.
1. Changes to TOS Terms
MasterCard reserves the right to change the terms of these TOS at any time. The most recent version of these TOS will be available at Apple's App/iTunes Store or Google's Android Market place where the App is available for download. You will be notified if there has been a change to the TOS terms. If you continue to use the App 14 days after receipt of such notice, you will be taken to have agreed to the amended terms. Your continued use of the App 14 days following the notification of such changes signifies your acceptance of the modified TOS terms.
2. Continuance of Terms
These TOS, as amended, will remain in full force and effect while you use the App. Even after you have deleted the App, or MasterCard has terminated or suspended the license granted to you below, the balance of these TOS will remain binding on you. MasterCard reserves the right to amend or change these TOS, the App or its content in any way or withdraw the App at any time.
MasterCard recognizes the importance of respecting the privacy of those who visit its websites and use its products and services, including the App. The MasterCard Meetings Privacy Notice provides a description of how MasterCard collects, uses, shares and protects personal data of its users, as well as the choices and access rights users have in regards to such personal data. Please carefully review the privacy notice associated with you use of the App.
4. Intellectual Property Ownership
The App is licensed to you, not sold. All content that constitutes the App or that is displayed within the App is protected by applicable intellectual property laws and all right, title and interest in the Content is owned by MasterCard or used by MasterCard under a license or with permission. Except for the limited license granted in these TOS, as between you and MasterCard, MasterCard and its licensors retain all right, title and interest in and to the App and all proprietary rights in the App and all content set forth therein, including copyrights, patents, trademarks and trade secret rights. Nothing contained within the App shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any MasterCard consent without MasterCard's prior written permission.
5. Grant of License
So long as you comply with this TOS, MasterCard grants you a limited, nonexclusive, as-is, revocable, non-transferable license, without right of sublicense, to use the App solely for the purpose of obtaining information and enhancing your experience at a MasterCard in-person meeting.
6. Limitations On License
The license granted to you in this TOS is restricted as follows:
a. Limitations on Use and Misuse. You may not gain access to or use (including, without limitation, copy or distribute) MasterCard’s services or systems or the App other than as permitted hereunder, or damage, disrupt, or impede the operation of MasterCard’s services or systems.
b. Limitations on Reverse Engineering and Modification. Except as expressly permitted by this TOS, and except to the extent that applicable laws (including the Copyright Act 1968 (Cth)) prevent MasterCard restraining you from doing so, you may not reverse engineer, decompile, disassemble, modify or create works derivative of the App or any content set forth therein.
c. Sublicense, Rental, and Third-Party Use. You may not assign, sub-license, rent, timeshare, loan, lease, or otherwise transfer the App, your account, or directly or indirectly permit any third party to use or copy the App or your account.
d. Proprietary Notices. You may not remove any proprietary notices (e.g., copyright or trade mark notices) from the App.
e. Use in Accordance with Documentation. All use of the App must be in accordance with its then current documentation.
f. Compliance with Applicable Law. You are solely responsible for ensuring your use of the App is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.
7. Copyright Complaints
In operating the App, MasterCard may act as a "services provider" (as defined by the Digital Millennium Copyright Act of 1998, or the “DMCA”) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that MasterCard does not own or control may be transmitted, stored, accessed or otherwise made available using the App. MasterCard has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on or within the App and has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of MasterCard or of a third party, or that has otherwise violated any intellectual property laws or regulations, or these TOU. If you believe any material available through the App 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, 2000 Purchase Street, Purchase, NY 10577, U.S.A., Attn: Law Department or to email@example.com.
Please provide the following notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the App that you claim is infringing, with enough detail so that MasterCard may locate it on the App;
- 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.
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.
8. User Submissions
a. Conditions, Representations, and Warranties. As a user of the App, you may submit certain content, 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 App (collectively referred to as "User Submissions"). You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: the User Submission is your original work and/or 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, materials, information 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 App and these TOS. 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. 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.
b. 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 to use, modify, and/or distribute 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, including the documents, artwork, statements, drawings, outlines, proofs, displays, photographs, footage, outtakes, musical scores, audio and video footage, and discs, whether in print or electronic form, produced or created by you as part of 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. For example, the above grant permits MasterCard and its designees to use only certain portions of your User Submission, rerecord or modify any audio tracks or visual images you provide, rewrite the User Submission, and/or incorporate other materials, either created by MasterCard or licensed from others, with your Submission. 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.
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. 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.
You must be lawfully able to enter into contracts. To the extent you use the App to provide personal information or data about yourself or other individuals, as may be requested, you must be able to lawfully (a) provide such information and data, and (b) consent to its processing and usage. You are solely responsible for the information and data you provide through the App.
The license granted in sections 5 and 6 will automatically terminate in the event you breach any of its terms. In the event of a claim of intellectual property infringement by any third party relating to the App, MasterCard may immediately terminate these TOS.
11. Location-Enabled Features
Certain location-enabled functionality and information may be made available in the App. You must exercise your own judgment as to the adequacy and appropriateness of the information. To the extent permitted by law, all location-based information is provided entirely as is without warranties of any kind.
12. Disclaimer of Warranties
The App and all content therein is made available to you by MasterCard on an “as available”, “as is” basis. As a consumer, you have certain rights under consumer protection legislation (referred to below as "Consumer Rights"), which cannot be excluded or limited by MasterCard. Your Consumer Rights may include statutory guarantees that any services supplied to you will be provided in a timely manner and with reasonable care and skill, and will be fit for any notified purpose. Nothing in these TOS is intended to exclude restrict or modify your Consumer Rights. However, to the extent that it is permitted by law to do so, and except as contained in your Consumer Rights, MasterCard makes no representations or warranties, express or implied, whatsoever with respect to the availability, performance, security, characteristics or operation of the App. THE APP AND ALL CONTENT CONTAINED WITHIN THE APP IS PROVIDED TO YOU "AS IS," AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE/NON-INFRINGEMENT, QUALITY OF INFORMATION, OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY YOU FROM MASTERCARD THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION, MASTERCARD DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE APP, THAT THE APP WILL OPERATE ERROR-FREE, THAT INFORMATION PROVIDED WITHIN THE APP IS ACCURATE, THAT DEFECTS WILL BE CORRECTED OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS APP IS AT YOUR OWN RISK, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS APP IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE APP, 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.
13. Third Parties
a. Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, and the operator of any application store or similar service through which you obtain the App (collectively, the “Third Parties”) are not parties to these TOS and they do not own and are not responsible for the App. You acknowledge and agree that: (i) the Third Parties have no responsibility whatsoever to furnish any maintenance and support services with respect to the App; (ii) in the event of any failure of the App to conform to any applicable warranty, you may notify the Third Parties and the Third Parties will refund the purchase price (if any) you paid for the App; (iii) to the maximum extent permitted by applicable law, the Third Parties will have no other warranty obligation whatsoever with respect to the App, and the Third Parties are not responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty; (iv) the Third Parties are not responsible for addressing any claims that you or any third party make relating to the App or your possession and/or use of the App including: (A) product liability claims; (B) any claim that the Appfails to conform to any applicable legal or regulatory requirement; and (C) claims arising under consumer protection or similar legislation; (v) the Third Parties will have no responsibility whatsoever for the investigation, defense, settlement or discharge of any third party claim that the App infringes that third party's intellectual property rights; (vi) you will comply with any relevant third party terms of agreement when using the App; and (vii) the Third Parties and their subsidiaries are third party beneficiaries of these TOS and, upon your acceptance of these TOS, each of the Third Parties will have the right (and will be deemed to have accepted the right) as a third party beneficiary to enforce these TOS against you.
c. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
d. If you have any comments, questions or complaints relating to the App, please contact us.
14. Limitation of Liability
To the fullest extent permitted by law and subject to your Consumer Rights:
a. In no event will MasterCard or its affiliates or its suppliers/licensors (specifically including, but not limited to, DoubleDutch, Inc.) be liable to you or any third party for any special, incidental, consequential, punitive, or indirect damages (whether in contract, tort (including negligence), or otherwise) or any lost profits, lost data or business interruption, arising in connection with the use or inability to use the App, even if MasterCard has been advised of the possibility of such damages;
b. MasterCard (and/or its affiliates or suppliers/licensors, specifically including, but not limited to, DoubleDutch, Inc.) will not be responsible or liable (whether in contract or otherwise) for any (i) interruption of business; (ii) access delays to, access interruptions to, suspension of or discontinuation of the App; (iii) data non-delivery, mis-delivery, corruption, destruction or other modification; (iv) use or misuse of personal information or data by any merchant; (v) loss or damages of any sort incurred as a result of dealings with the App; (vi) viruses, system failures or malfunctions which may occur in connection with your use of the App; (vi) any inaccuracies or omissions in content; or (viii) events beyond MasterCard's reasonable control except to the extent any such events are due to the breaches by MasterCard of this Agreement or MasterCard's willful misconduct or negligence; and
c. you are solely responsible for your use of the App and MasterCard will not be liable for any loss or damage you incur which is caused by your use of the App in breach of the terms of these TOS or due to your fault or negligence.
You agree to indemnify, defend and hold MasterCard and its business partners (including MasterCard affiliates and our supplier DoubleDutch, Inc.) and their respective officers, directors, employees and affiliates harmless from any liability, loss, claim and expense, including without limitation, reasonable attorneys' fees and expenses, related to or arising from: (i) your violation of these TOS; (ii) your misuse of the App; and (iii) your violation or infringement 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.
These TOS is governed by and shall be construed in accordance with the laws of the state of New York, USA, without giving effect to any principles of conflicts of law. You and MasterCard submit to the exclusive jurisdiction of the federal or state courts located in Westchester County, New York, USA, in respect of all matters arising in connection with this TOS, its performance or subject matter. These TOS constitutes the entire understanding and agreement between MasterCard and you with respect to the transactions contemplated in these TOS and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of these TOS, all of which are merged in these TOS. In the event any provision of these TOS is found invalid or unenforceable pursuant to judicial decree, the remainder of these TOS will remain valid and enforceable according to its terms. Any failure by MasterCard to strictly enforce any provision of these TOS will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of these TOS.