Last modified: July 14th, 2017
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.
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
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;
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.
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
12. Copyright Complaints and Copyright Agent
- All content that you post on the Service must comply with U.S. copyright law, depending on jurisdiction.
- 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:
- The date of your notification;
- The date of your notification;
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- 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
- 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
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 firstname.lastname@example.org.
*Opting out may prevent you from receiving messages regarding the Company or special offers.
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.
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.
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 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
25. Assignment and Delegation
26. Entire Agreement and Severability
27. Section Headings, Fonts, and Styles