TERMS AND CONDITIONS

This agreement contains the terms and conditions that apply to your use of Email Media Group's services and any service components thereof. The services are offered to you conditioned on your acceptance without modification of this agreement.

These Email Media Group Terms and Conditions comprise a legal agreement between you (the customer submitting an order form associated with this agreement or otherwise using Email Media Group services) and Email Media Group and govern your use of Email Media Group services. By ordering Email Media Group services, you agree to be bound by these Terms and Conditions, as modified from time to time. If you do not agree to these Terms and Conditions, do not order or use any Email Media Group service. Your use of the services constitutes your acceptance to this agreement.

"You" means your company, your employees, and anyone who has access to use your Email Media Group account. You must be at least eighteen (18) years of age to subscribe to and use any Email Media Group service.

You agree to familiarize yourself with, and to regularly review, the Terms and Conditions, and other terms and guidelines published by Email Media Group and abide by them if you choose to use the Email Media Group services to which such terms apply. Email Media Group reserves the right to change the Terms and Conditions at anytime without notice. If you continue to use Email Media Group services after any such changes, your continued use will constitute your consent to such changes. Email Media Group agrees to identify the date of last revisions of its Terms and Conditions.

Email Campaigns

Email Media Group may only be used in connection with e-mail lists for which recipients have voluntarily registered. Using Email Media Group to send e-mail to an address you obtain without the consent of such addressee is a violation of the Email Media Group Terms and Conditions.

You may not access the mailing lists of third parties on Email Media Group services, and you may not access or otherwise use such third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You may not import any e-mail addresses to your list that have not chosen to receive your mailings.

You may only send e-mail to customers that have willingly signed up to receive your mailings. If Email Media Group receives complaints about your list, your list will be reviewed and may be terminated. You may not send mail under any company or organization name other than your own and/or with fraudulent header or source information.

If you use Email Media Group to create a mailing list, you may remove any e-mail address contained therein from such mailing list at your discretion. You agree to honor the request of the owner of any e-mail address to remove that address from a mailing list. You may establish additional terms and conditions that may be applied to persons subscribed to your mailing lists.

If you register with a mailing list, you acknowledge that the owner of the mailing list may remove your e-mail address from such mailing list, in its discretion and at any time, and that your participation in such mailing list may be subject to additional terms and conditions that may be changed from time to time.

Access, Security and Passwords

You may not use a name in connection with operating Your Email Media Group account that is confusing or misleading to participants, or otherwise impersonate or deceive participants with respect to your identity.

You are responsible for safeguarding the confidentiality of your account information (including password(s) and user name(s) issued to you) and for any use or misuse of your account or Email Media Group services resulting from any third party using a password or user name issued to you. You agree to notify Email Media Group immediately of any known or suspected unauthorized access to or use of your account, your password, the password of any individual user to whom you have issued a login ID or any other breach of security or misuse of the Email Media Group known to or suspected by you.

You hereby authorize Email Media Group to rely on any data, notice, instruction or request furnished by you to Email Media Group, or that Email Media Group reasonably believes to have been furnished by you. You are solely responsible for maintaining the confidentiality of your account information and monitoring usage of your account. Email Media Group is not responsible for fraud of participants or of other users of your account.

Your Data

Email Media Group will not use your customer data or your customer contact list for any purposes other than those intended by the Email Media Group service. Your customer information will not be shared with any other parties, unless you are also subscribing to an Email Media Group service where one of the features of such service is the sharing of customer information between services. Email Media Group will not use your customer information for the purpose of sending unsolicited commercial e-mail to such customers.

Warranties

By subscribing to or receiving any Email Media Group Service, you make the following representations and warranties. Email Media Group shall have the right to terminate your Email Media Group account, without notice at any time, if any representation or warranty made by you proves to be untrue in any respect.

  • You and all users of the Email Media Group Service approved by you are at least eighteen (18) years of age.
  • You have the legal capacity and authority to: (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms and Conditions, (c) subscribe to and use the Email Media Group Service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms and Conditions, and (d) if you are acting in a corporate capacity, bind your company.
  • Your delivery of emails in connection with any Email Media Group services is in full compliance with the CAN-SPAM Act of 2003.
  • You have secured required permission to use any person's name, voice, likeness or performance as embodied in any Customer Content, and nothing in the Customer Content will otherwise infringe on the privacy or publicity right of any individual.
  • You will not use the Email Media Group Service for any purpose that is unlawful, or prohibited by these Terms and Conditions (as may be modified from time to time);
  • All information and content supplied by you or by others using any Email Media Group Service, including but not limited to all information submitted as part of the registration and subscription process and all content included in e-mails delivered by you via any Email Media Group Service is true and accurate;
  • Any products or services advertised, sold or otherwise distributed by you on or in connection with any customer content are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law;
  • You own or have the right to use all of the intellectual property, proprietary and similar rights necessary for all customer content, and all products and services sold or otherwise distributed by you or on your behalf that are referred to in the customer content.

By using the Email Media Group Service, you agree that you will defend and indemnify Email Media Group and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

Limitations

Email Media Group services are provided to assist you with the operation of your business. Your right to use the Email Media Group Service is limited to you, your company and its employees. You are solely responsible for customer content and all use of your Email Media Group account. Email Media Group reserves the right, but is not obligated, to monitor or to review customer content and to monitor your compliance with these Terms and Conditions. Email Media Group reserves the right in its sole discretion to:

  • Refuse to provide Email Media Group services if you violate these Terms and Conditions, and/or
  • Edit, refuse to post, or remove any customer content that violates the Terms and Conditions, without notice at any time.

You may not: restrict or inhibit any other user from using and enjoying such user's rights in Email Media Group services, or interfere with or disrupt our Email Media Group servers or servers or any network connected to Email Media Group services.

Software Ownership and Use

Subject to the terms and conditions of this agreement, Email Media Group grants you, and you accept, a nontransferable and nonexclusive license to use in object code form only any software used in connection with Email Media Group services or made available to download on Email Media Group sites solely for your purposes using your data, and not for the benefit of any third party (unless otherwise agreed in writing by Email Media Group). You may use and access the software made available over the Web only through authorized Email Media Group web sites. You agree to use reasonable security measures to minimize the risk of unauthorized access to and use of the software. The software may be used and accessed only by you using the software for its intended purpose while doing your work.

You will not copy, modify, display, rent or unbundle the software. In addition, you will not reverse engineer, decompile or disassemble the software, and will not otherwise attempt to reconstruct or discover the source code for the software. The software and the sites (the "licensed product") shall be used only by you for your sole and exclusive benefit, and shall not be used to provide time-sharing or other similar services for the benefit of any third party. Email Media Group reserves all rights in the Licensed Product not expressly granted to you hereunder.


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