Last modified: July 14th, 2017

1. Introduction

Welcome to Mailjoy, LLC (“Mailjoy” or the “Company,” “our,” “we,” or “us”)! Mailjoy is a website, service, and, when available, mobile application (the “Service” or “Services”). The following Terms of Use (“Terms,” “Terms of Use,” or “Agreement”) apply when you view or use the Mailjoy website located at www.mailjoy.com (the “Site”, part of the Service), or in any way use or access any other components of the Service, including any future mobile application (the “Application,” part of the Service). Please review the following terms carefully prior to accessing the Service. BY ACCESSING OR USING THE SERVICE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHALL NOT ACCESS OR USE THE SERVICE.

2. Privacy Policy

We respect and value the privacy of our Users. Please refer to the Company’s Privacy Policy found here: www.mailjoy.com/privacy.html, which explains how we collect, use, and disclose information that pertains to your privacy. BY ACCESSING OR USING THE SERVICE, YOU SIGNIFY YOUR AGREEMENT TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO OUR PRIVACY POLICY, YOU SHALL NOT ACCESS OR USE THE SERVICE.

3. About the Service

Mailjoy allows users of the Service (“Users”) to create materials, such as marketing materials (“Materials”) to be printed and mailed to designated recipients (“Recipients”). Each User can design and customize Materials on the Site, and provide us with names and addresses of Recipients to whom the User wishes to send Materials (“Direct Mail”) or request that we send the printing and mailing of Materials to Recipients as directed by each User.

4. Eligibility to Accept Terms of Use

You must be at least 18 years old to register on the Site and to use the Service. By using the Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements herein. IF YOU DO NOT MEET ALL OF THE ELIGIBILITY REQUIREMENTS HEREIN, YOU SHALL NOT ACCESS OR USE THE SERVICE.

5. Grant of Use

Subject to these Terms of Use, we hereby grant you a limited, revocable, personal, non-sublicenseable, non-transferable, and non-exclusive license to access and use this Service and the material herein for your limited and personal, access and use. The Company reserves the right to refuse service to anyone for any reason at any time. The Company, in its sole discretion, may terminate your right to use the Service with or without cause at any time, and may prevent your future use of the Service. You may also terminate this Agreement by simply discontinuing use of the Service. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement. In the event of any termination of this Agreement, your account will be deactivated and/or deleted, resulting in a forfeiture and relinquishment of all content in your account. The limitations on your use of the Service shall survive such termination, and you agree to be bound by those terms.

6. Use of the Service

In order to sign up for the Service, you will create a personalized account, which includes a unique username and a password. You agree to notify us immediately of any unauthorized use of your password and/or account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password and/or account.

7. Prohibited Uses

Your grant of use to this Service is conditioned upon the following use restrictions and conduct restrictions, and you agree that you will not under any circumstances:

  • in any way violate any applicable federal, state, local, or international law or regulation;
  • interfere or attempt to interfere with the proper functioning of the Service;
  • use the Service to send unwanted or offensive Materials to Recipients or any other third party;
  • use the Service to send Materials to any third party, including Recipients, from whom you do not have requisite consent to send Materials, or otherwise use the Service to send Materials to any third party, including Recipients, whose information was obtained unlawfully by you or any other party;
  • use the Service to create, publish, and/or send Materials which contain content, whether in whole or in part, which may infringe upon, misappropriate, or otherwise violate the intellectual property rights or other rights of any third party, including but not limited to, trademark, copyright, and/or other privacy rights;
  • use the Service to create, publish, and/or send Materials which contain content, whether in whole or in part, which may be libelous, defamatory, discriminatory or otherwise harmful to any third party;
  • make any automated use of the Service, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
  • reverse engineer, disassemble, or decompile, or attempt to reverse engineer, disassemble, or decompile the Service or any of its underlying software and source code;

8. Fees

Users will be required to pay certain fees (the “Fee” or “Fees”) in order to use the Service. The Fees will be set by the Company, in its sole and complete discretion, and shall be as set forth on the Company’s pricing page located at www.mailjoy.com/pricing.html, which may be amended by the Company from time to time. Should the Company elect to change the structure or amount of Fees to be charged for the Service, we will make reasonable efforts to provide notice to existing Users of any Fee changes that affect existing Users. You agree to pay all applicable Fees set forth on the pricing page linked above, and as set forth by these Terms of Use. You acknowledge and agree that if you fail to pay the Fees when due, for any reason, you may be denied access to the Service.

You understand and agree that you are solely responsible for any Materials that you approve for printing and sending to Recipients (“Final Submission”). Similarly, you understand and agree that you are solely responsible for the accuracy of any and all information and data provided to Mailjoy that enables Mailjoy to send the Materials approved for Final Submission to Recipients (“Mailing Information”). Once Materials are sent for Final Submission, You and Mailjoy may not be able to (i) make any changes to Materials or Mailing Information or (ii) cancel any orders after Final Submission. Accordingly, at the moment of a Final Submission, you incur any and all Fees associated with such Final Submission, regardless of whether (i) changes may be needed to the Materials or Mailing Information or (ii) You desire to cancel the Final Submission.

Mailjoy may now, or in the future, integrate with other third party services in order to improve the Service. Any User who uses any other third party service, program, or application in connection with the Service, may be subject to fees charged by the third party service, program, or application. The Company does not set or collect fees charged by any third party service, program, or application that may be integrated or used in connection with the Service, and shall not be responsible for any claims, expenses, or otherwise associated with fees charged by any such third party service, program, or application.

9. User’s Creation of Content and Materials

You may use the Service to create original Materials for the purpose of sending such Materials to certain Recipients. You are solely responsible to ensure that all content you create, modify, or otherwise use in connection with the Service is original content, and is not used in violation of any intellectual property rights of others, and complies with all applicable intellectual property laws and regulations. The Company cannot and will not verify that any Materials we send on behalf of any User are original Materials created and owned by the User in compliance with applicable intellectual property laws and regulations. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all content that you make available through the Service, or you have all rights, licenses, consents and releases that are necessary to grant to Mailjoy the rights in such content, as contemplated under these Terms; and (ii) neither the content posted or otherwise used by you in connection with the Service, nor Mailjoy’s use of the content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You acknowledge and agree that the Company shall not be responsible for any claims, liabilities, or damages arising from the actual or alleged infringement or violation of intellectual property rights, laws, or regulations by any User in connection with the Service. The Company neither guarantees nor warrants that any Materials created by any User of the Service comply with state or federal laws or regulations, whether related to intellectual property or otherwise. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Mailjoy. By using the Service, you are not granted any exclusive rights to or ownership of any content obtained from the Service, and you are not permitted to sell or redistribute any content obtained from the Service, except as permitted under these Terms of Use.

10. Connection to Third Party Websites and Services

We use a printing partner to handle the printing and shipping of Materials. We interact with our printing partner by linking to its multiple application programming interfaces. From time to time, Mailjoy may modify its business and the Service. As such, we may integrate other third party services with Mailjoy or change third party providers that power the Service.

11. Management of Materials and Recipient Information

You may provide us with the names and addresses of intended Recipients to whom you wish to send Materials We may store and use such information about Recipients in accordance with our Privacy Policy. After you create Materials to be sent, we will facilitate the printing and mailing of your Materials to those Recipients. We currently use a third party printing partner to handle the printing and shipping of Materials. By using the Service, you acknowledge and agree that your Materials may be shared with our printing partner to be printed and mailed in accordance with our Privacy Policy. You further acknowledge that the Company will not be responsible for the use, storage, and/or security of information by our printing partner, and you will be bound by the Terms of Use and Privacy Policies of our printing partner. Materials will only be sent to Recipient(s) on your behalf as directed by you. You are solely responsible to ensure that you have lawfully obtained the Mailing Information for, and consent of, all Direct Mail Recipients to whom you direct us to send Materials. The Company cannot and will not verify that Mailing Information is obtained and used for sending Materials in compliance with applicable privacy laws, and all other applicable federal and state laws and regulations. You acknowledge and agree that the Company shall not be responsible for any claims, liabilities, or damages arising from the sending of Materials to Direct Mail Recipients on behalf of any User in connection with the Service. The Company has the right, in its sole discretion, to remove from the Site or Application, or refuse to send to Recipients, any Material which violates our Terms of Use or our Privacy Policy.

12. Copyright Complaints and Copyright Agent

  1. All content that you post on the Service must comply with U.S. copyright law, depending on jurisdiction.
  2. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at PO Box 112041 Naples, FL 34108:

    1. The date of your notification;
    2. The date of your notification;
    3. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    4. a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    5. a description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
    6. information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
    7. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    8. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

13. Intellectual Property

Except as otherwise set forth in this Agreement, you reserve all right, title and interest (including all intellectual property and proprietary rights) in and to: (i) content and data you may send to us or use as part of the Service. You acknowledge and agree that the Company and our licensors retain a fully-paid, non-revocable license to utilize any and all intellectual property of any kind that you post to, or create using, the Site or Application, including applicable copyrights, trademarks, and other proprietary rights. We reserve all rights that are not expressly granted to you under this Agreement. You do not, by virtue of this Agreement or otherwise, acquire any ownership interest or rights in the Service, any intellectual property owned by Mailjoy (including copyrights, trademarks, and patents), or any other technology or software used by us in connection with the Service, except for the limited use and access rights described in this Agreement.

14. E-mail Not Sufficient to Provide Notice

Communications made via e-mail or other electronic form, will not constitute legal notice to the Company or any of its officers, employees, agents, or representatives in any situation where notice to the Company is required by contract or any law or regulation.

15. User Consent to Receive Communications in an Electronic Form

For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you may be asked to submit; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the Company and special offers. You may opt out of such email by sending us a message at hello@mailjoy.com.

*Opting out may prevent you from receiving messages regarding the Company or special offers.

16.Warranty Disclaimer

THE SERVICE, AND ANY CONTENT OR INFORMATION THEREIN, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE (INCLUDING ANY CONTENT AND INFORMATION THEREIN) INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL CREATED THROUGH OR OBTAINED FROM THE SERVICES.

SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

17. Disclaimer

You hereby acknowledge and affirm that you are solely responsible for the decision to participate in any of the Services, and that the Company does not and is not responsible to verify that any Materials created or used as part of the Service are accurate, compliant with applicable laws and regulations, and/or compliant with these Terms of Use. You furthermore acknowledge and affirm that Mailjoy, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers shall in no way be responsible for any actual or alleged claims, damages, or other liabilities related to your use of the Service and/or distribution of Materials using the Services, including but not limited to actual or alleged claims of intellectual property infringement, invasion of privacy, misappropriation, and defamation. Claims related to any alleged copyright infringement will be handled in the manner set forth in Section 12 above.

18. Limitation of Damages and Release

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE CREATION, USE, OR TRANSMISSION OF YOUR USER MATERIALS; (B) YOUR USE OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

19. Modification of Terms of Use

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site and Application, from time to time to view any such changes to the Agreement. If you continue to use the Services, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material changes to the terms by posting a notice in the Application and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current.

Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.

20. General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement shall be construed consistent with applicable law. The remaining portions shall remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement shall not be considered a waiver of our right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

You hereby agree that any cause of action related to, or arising out of, your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action shall be permanently barred. These Terms of Use and your use of the Services are governed by the federal laws of the United States of America and the laws of the state of Florida, without regard to conflict of law provisions.

The Company may assign or delegate these Terms of Use and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without the Company’s prior written consent bearing the physical signature of an officer of the Company. Any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS OF USE. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE, TOGETHER WITH THE PRIVACY POLICY AT www.mailjoy.com/privacy.html, REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

21. Indemnification

You agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, misuse of the Services, violation of any law, or the rights of a third party; such indemnification shall include any loss suffered by the Company as a result of your use of the Services or your use of content provided by the Services.

22. Waiver of Jury Trial

EACH OF THE PARTIES WAIVES ITS RIGHTS TO A TRIAL BY JURY OF ALL CLAIMS OR CAUSES OF ACTION (INCLUDING COUNTERCLAIMS) RELATED TO OR ARISING OUT OF THIS AGREEMENT BROUGHT BY EITHER PARTY AGAINST THE OTHER. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS OF OR MODIFICATIONS TO THIS AGREEMENT.

23. Waiver of Class Action

All claims between the parties related to this Agreement will be litigated individually and you will not consolidate or seek class treatment for any claim with respect to the Services.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

24. Waiver of Compliance with Terms

Even if we do not require strict compliance with these Terms of Use in each instance, you are still obligated to comply with these Terms of Use. Our failure to enforce, at any time, any of the provisions, conditions or requirements of the Terms of Use, or the failure to require, at any time, performance by you of any of the provisions of the Terms of Use, will in no way waive your obligation to comply with any of the provisions of the Terms of Use or our ability to enforce each and every such provision as written.

Any and all waivers by the Company of any provision, condition, or requirement of the Terms of Use will only be effective against the Company if it is in writing and signed by an authorized officer of Mailjoy, LLC, and any such written waiver will not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.

25. Assignment and Delegation

You may not assign or delegate any rights or obligations applicable to you under these Terms of Use. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, the Company for any third party that assumes our rights and obligations under this Agreement.

26. Entire Agreement and Severability

These Terms of Use, together with the Privacy Policy and any other additional terms and conditions, legal notice, or policies published by the Company, constitute the entire agreement between you and the Company concerning the Services. Except as explicitly stated herein, if any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

27. Section Headings, Fonts, and Styles

The section headings, fonts, and styles used in these Terms of Use are for convenience only and have no legal or contractual effect.