You are allowed to use this Product under the following terms ("Terms"):
- Eligibility. In order to use this Product, you must be at least eighteen (18) years old or have explicit permission from a parent or guardian. By using the Product you represent and warrant that you meet the requirements listed above, and that you won't use the Product in a way that violates any laws or regulations. We may refuse service, close accounts of any users, and change eligibility requirements at any time.
- Term Period. The Term Period begins when you sign up for an account and continues for as long as you use the Product. In addition, each time you log into the Product you've officially "signed" the MUA. If you sign up on behalf of another person, you represent and warrant that you have the authority to accept this MUA on their behalf.
- Closing Your Account. You may terminate this Agreement at any time and for any reason by giving notice to us. We may suspend or terminate the Product from your use in accordance with the separate agreement you enter into with us, or in the event no agreement exists, at any time, with or without cause. Once your account is terminated, we may permanently delete it and all of the data associated with it. If you don't log into your account for 12 or more months, we may treat your account as "inactive" and permanently delete it and all the data associated with it.
- Changes. We reserve the right to change any of part of the MUA by posting a revised MUA on our website. Unless you terminate your account within ten (10) days, the new MUA will become effective immediately and apply to any continued or new use of the Product. We may change the website, the Product, or any features of the Product at any time.
- Integration to 3rd Party Systems. We are not responsible for any maintenance, development, or support related to integration with any third party system (ex. 3rd party point of sale and gift card companies). You are responsible for all fees and costs associated with such integration. Any work provided by us to assist with the integration shall be considered a "best effort service."
- Proprietary Rights Owned by Us. You shall respect our proprietary rights in all components comprising the Product. Proprietary rights include, but are not limited to, any patents, trademarks, service marks, and copyrights.
- Proprietary Rights Owned by You. You represent and warrant that you either own or have permission to use all of the material you enter into the Product, including but not limited to, your brand, inventory, content, push notification messages, and more. You retain ownership of the materials you upload to the Product. We may use or disclose your materials only as we describe in the MUA.
- Aggregation. The Products may publish any part of your data in an aggregated format.
- Right to Review. We may view, copy, and internally distribute content from your account to create algorithms and programs that help us spot problem accounts and for purposes of aggregating data. But, in no case will we market to your consumers unless you ask us to help you market on your behalf.
General Rules. You agree to the following rules of use:
- You won't send Spam Passes or Messages.
- You won't put into the Product any material, including graphics or other content, that is not created by you, not provided by us for you to use, or that would violate any other party's copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary or legal rights.
- You won't use any misleading or incorrect names, addresses, email addresses, subject lines, or other information using our Product.
- You won't upload or compose content that contains or offers any unlawful or illegal goods, or services.
- You won't share your password.
- You won't try to decipher, decompile, disassemble, or reverse engineer the Product.
- You won't setup multiple accounts for any individual or entity in order to send substantially similar content, unless you're part of a franchise operation.
- You won't import or incorporate any of the following information into the Product: Social Security Numbers or sensitive personal information of any kind.
- Compliance with Laws. You represent and warrant that your use of the Product will comply with all applicable laws and regulations. You're responsible for determining whether the Product is suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, PCI, or other laws. If you're subject to regulations, like HIPAA, and you use our Product, then we won't be liable if our Product does not meet those requirements.
- Reporting Violations. If you become aware that anyone is violating any of the items in the MUA, please notify us immediately.
- Limitation of Liability. To the maximum extent permitted by law, you assume full responsibility for any loss resulting from your use of the Product. We won't be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they're based on negligence or we've been advised of the possibility of those damages.
- No Warranties. Location data as well as any maps data provided by the Product or software is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environment damage. Neither we or nor any of our licensors guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data or information displayed by the Product.
- Indemnity. You agree to indemnify and hold us harmless from any losses (including attorney fees) that result from any claims you make that aren't permitted under the terms of this MUA due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password behaved in a way that, if true, would violate any of these items in the MUA.
- Attorney Fees. If we file an action against you claiming you breached this MUA and we prevail, we're entitled to recover reasonable attorney's fees and any damages or other relief we may be awarded.
- Equitable Relief. If you breach any of your obligations under these Terms, then we may seek injunctive or other equitable relief.
- Subpoena Fees. If we're required to provide information in response to a subpoena related to your account, then we may charge you for our costs for complying with that subpoena.
- Assignments. You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Force Majeure. We won't be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control.
Information We Collect
- Information You Provide to Us. When you register to use the Product, communicate with our merchant support team, send us an email, or post on our blog, you're giving us information that we collect. That information may include your IP address, name, physical address, email address, phone number, and other details. By giving us this information, you consent to your information being collected, used, disclosed, and stored by us.
- Consumer Lists and Messages. We retain the device identifiers, email addresses, cell phone numbers, and more of Consumers that have provided this information via the Product. Further we have access to Messages a Merchant sends to its Consumer Lists.
- Information from your Use of the Service. We may get information about how and when you use the Product. This information may include your IP address, time, date, browser used, and actions taken by you within the application.
- Cookies. When you register to use the Product, we store "cookies," which are strings of code, on your computer. We use those cookies to collect information about when you visit our websites, when you use the Product, your browser type and version, your operating system, and other similar information. You may turn off cookies that have been placed on your computer by following the instructions on your browser, but if you block our cookies, it may be more difficult (and maybe even impossible) to use the Product. When you play one of the videos on our websites, a Flash player may use local shared objects, which are also called Flash cookies. We don't use these Flash cookies for anything, but we can't stop the player from dropping them (we tried).
- Web Beacons. When we send emails to registered consumers we'll sometimes track who opened the emails and who clicked the links. We do that to measure our campaign performance and to improve our features for specific segments. To do this, we include single pixel gifs, also called web beacons, in emails we send. Web beacons allow us to collect information about when you open the email, your IP address, your browser or email client type, and other similar details. We also include web beacons in the emails we deliver for you. We use the data from those web beacons to create the reports you see about who has or hasn't opened emails or clicked links. Reports are also available to us when we send you email, so we may collect and review that information.
Use and Disclosure of Your Personal Information. We may use and disclose your Personal Information only as follows:
- To promote use of the Product. For example, if you leave your Personal Information when you visit our websites and don't sign up for a Product, we may send you an email asking whether you want to sign up. And if you use any of our Products, and we think you might benefit from using another Product we offer, we may send you an email asking you about it.
- To bill and collect money owed to us. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments. To learn more about the steps we take to safeguard that data, see Section 11 below.
- To provide customer support.
- To protect the rights and safety of our member Merchants and third parties, as well as our own.
- To meet legal requirements like complying with court orders and valid subpoenas.
- To provide information to representatives and advisors, like attorneys and accountants, to help us comply with legal, accounting, or security requirements.
- To prosecute and defend a court, arbitration, or similar proceeding.
- To support and improve a Product we offer. This includes adding features that compare campaigns, or using data to suggest other publishers your subscribers may be interested in.
- To communicate with you about your account for informational, not promotional, reasons.
- To send you informational and promotional content that you may choose (or "opt in") to receive. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email.
Public Information and Third Parties
- Blog. We have public blogs on our websites. Any personal information you choose to include in a comment on our blog may be read, collected, and used by anyone. If the personal information you entered appears on our blogs and you'd like it to be removed, contact us immediately. If we're not able to remove your information, we'll let you know why.
- Social Media Widgets. Our websites include social media features, like the Facebook Like button. These features may collect information about your IP address and which page you're visiting on our site, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with those features are governed by the privacy policies of the companies that provide them.
- Notice of Breach of Security. Nobody's safe from hackers. If a security breach causes an unauthorized intrusion into our system that materially affects you or people on your Consumer Lists, then we will notify you as soon as possible and later report the action we took in response.
- Accuracy of Data, Transparency, and Choice. We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do that. If your data changes (like a new email address), then you're responsible for notifying us of those changes.
We only store data about you for as long as it's reasonably required to fulfill the purposes that gave us the right to access it in the first place. We may keep some data indefinitely, relating to when and where messages were sent and how a consumer interacted with the message.
We'll give you access to any Personal Information about you that we hold within 30 days of any request. Unless it's prohibited by law, we'll remove any Personal Information about you from our servers at your request.
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