CampaignBreeze



Terms and Conditions


Terms and Conditions of Use of CampaignBreeze from truelogic.

The CampaignBreeze system from truelogic ("Service") is provided by Truelogic Hybrid Trust of 4/171 Kingsgrove Rd Kingsgrove NSW 2208 Australia (ABN 39 267 115 121) ("truelogic"). Title and ownership of the licensed software and copyright relating thereto are the exclusive property of truelogic.

Use of this Service is subject to the following terms and conditions. By logging into the Service, you ("User") indicate your acceptance of all the terms and conditions set forth below and any materials available on the site incorporated by reference herein, including but not limited to truelogic's Privacy Policy (the "Agreement").

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "User" or "Users" shall refer to such entity. If you do not have such authority or if you do not agree with these terms and conditions, you must log out and may not use the Service.

Service

As a part of the Service, truelogic provides Users with a browser interface and transmission, access and storage. At the request of Users, truelogic may also provide additional development services related to their use of the Service. Users may create a hyperlink for use on their Intranet/Internet to facilitate access to the Service.

License Grant

Subject to the terms and conditions of this Agreement and for the duration of the User's active subscription, truelogic hereby grants to the User a non-exclusive, non-transferable, worldwide, limited license to use the Service. All rights not expressly granted to the User herein are expressly reserved by truelogic.

Ownership of Content

Users acknowledge that the use of this Service does not transfer or grant any intellectual property rights in respect of the material contained on the site or provided or made available within the Service. truelogic alone owns all right, title and interest in and to the technology, the content of the site, and the Service, including all related intellectual property rights.

The truelogic name, tagline and logo, and the product names and logos associated with the Service are trademarks of truelogic, and no right or licenses are granted to use them.

truelogic may create templates using the User's image, logos, trademarks, or other branding elements, or other content as supplied by the User. The User hereby grants to truelogic for the purpose of providing the Service a non-exclusive, worldwide license to use, display and incorporate the User's content with and into the templates. By uploading the content to the site, the User represents and warrants that he or she is the owner of all proprietary rights in that content (or has been given a valid license from the owner of the proprietary rights in such content) and has obtained releases for all related privacy and publicity rights.

In addition, the User hereby transfers and assigns to truelogic any rights the User may have to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided relating to the Service.

Use of Content

The User acknowledges that he or she shall use the Service only as expressly authorized by truelogic. The User agrees that his or her use of the Service shall be in a manner consistent with all applicable laws and regulations, including trade secret, copyright and export control laws.

Without limiting the generality of the foregoing, the User shall not, nor shall permit or assist others:

  1. to reproduce, modify, distribute, download, display or generate images or derivative works from the content, without the express written permission of truelogic;
  2. to abuse or fraudulently use the Service;
  3. to sell, lease, disclose, distribute or otherwise transfer or make available the Service to any third party that is not expressly authorized by truelogic to access the Service;
  4. to attempt to copy, reverse-engineer, decompile, create a derivative work from, or otherwise attempt to derive the source codes of any part of the truelogic technology; or
  5. to access, alter or destroy any information of any customer of truelogic by any fraudulent means or device or attempt to do so.

User Conduct

By accessing the Service, the User:

  1. acknowledges that use of the Service shall be restricted to employees or others directly associated with the User;
  2. agrees to immediately notify truelogic of any unauthorized use of any account;
  3. agrees to send campaigns only to recipients that have provided the User with permission to email them;
  4. agrees to not use the Service to engage in unauthorized "spamming";
  5. agrees to not use the Service to send to purchased, rented or other third party lists;
  6. agrees to not enter false email addresses, or otherwise mislead recipients as to the source of a message sent through the Service;
  7. accepts sole responsibility for the contents of the messages he or she sends through the Service; and
  8. accepts sole responsibility for managing unsubscribe and opt out requests from his or her recipients received outside the automatic unsubscribe link included at the bottom of all campaigns.

The User agrees not to use the Service in a manner, or to transmit any material, that:

  1. is for any unlawful purpose;
  2. is obscene, threatening, abusive, offensive, pornographic, unlawfully discriminatory, defamatory, or otherwise unlawful or contrary to accepted standards of public decency and good taste;
  3. may infringe the rights of any person or entity, including the intellectual property rights of any third party;
  4. promotes any of the following products, services or content: escort and dating services; get-rich-quick schemes; illegal goods or services; pharmaceutical products; gambling services; multi-level marketing; and get-out-of-debt content;
  5. contains software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; or
  6. that, in the opinion of truelogic, disparages, makes fun of or satirizes the truelogic name, or any of truelogic's products or services.

The User also acknowledges he or she:

  1. is not a direct competitor of truelogic;
  2. is not accessing the site to monitor its availability, performance or functionality for benchmarking or any other competitive purposes; and
  3. is over 18 years of age and able to enter legally binding contracts.

Support

truelogic provides remote technical support to Users via the Help Center (including email, live chat, and telephone support) as well as access to user guides, articles, video tutorials and training materials.

Free Trials and Subscriptions

The User's access to the Service will begin on a trial basis when the User first agrees to use of the Service. Users who access the Service on a free trial basis shall still be bound by all terms of the Agreement.

Once the trial period expires or all the free email credits have been used, Users must purchase a subscription and shall be subject to the Fees and Payments terms outlined herein if they wish to keep their account active.

After the trial period, Users may purchase one of the following subscription types: Contacts, Credits, or Quota. The specific terms of the subscription types available to Users are outlined within their account. truelogic reserves the right to modify the terms of subscriptions at any time, effective upon posting of the updated terms to the accounts.

Users may choose to change or cancel their subscription plan at any time without incurring any additional cancellation fees. Any applicable refund will be processed based on the terms of the subscription types available to Users.

Fees and Payments

truelogic charges and collects in advance for use of the Service. truelogic shall invoice the User for the annual subscription and any additional agreed upon services. These services are non-transferable and non-refundable.

If payment in full is not received within 30 days, truelogic reserves the right to suspend the User's access to the Service until the outstanding fees are remitted to truelogic, to apply a seven percent (7%) per month late charge on any unpaid balance plus all expenses of collection, and/or to terminate this Agreement.

Any fees held to be in dispute by the User must be identified in writing to truelogic within 10 days of receipt of the invoice to be eligible to receive an adjustment or credit.

All fees will remain in effect for User's initial 12-month subscription. Fees may be adjusted by truelogic for subsequent 12-month periods to reflect increased costs of providing the Service. truelogic shall provide at least ninety (90) days advance written notice to User of any changes in fees.

Termination of Access

truelogic reserves the right to internally monitor User's usage of the Service and reserves the right to refuse or stop the transmission of any material that, in the opinion of truelogic, may breach any of these terms and conditions of use.

truelogic also reserves the right to disable, suspend or delete the User's account without notice, should truelogic determine the User has violated the terms and conditions set forth herein. In the event an account is disabled, suspended or deleted by truelogic, the User is not entitled to a credit or refund for any unused portion of the subscription.

In the event that truelogic no longer offers the Service, truelogic may terminate this agreement upon 90 days advance written notice to the User and a refund of fees paid by the User for services that are not completed or functional.

In the event that the User is not utilizing the Service at the rate reasonably expected or if User is otherwise dissatisfied with the Service, the User may terminate this agreement upon 90 days advance written notice to truelogic.

Security

The User is solely responsible for acquiring and maintaining technology and procedures for maintaining the security of its link to the Internet. As part of the Service, truelogic implements reasonable security procedures consistent with prevailing industry standards to protect User data from unauthorized access; provided, however, unless resulting from the failure of truelogic to perform the foregoing obligations, truelogic shall not under any circumstances be held responsible for situations where data or transmissions are accessed by third parties through illegal or illicit means, or where the data or transmissions are accessed through the exploitation of security gaps, weaknesses, or flaws unknown to truelogic at the time. truelogic shall report to User any unauthorized access promptly upon discovery and work diligently to remedy any breach of security that permitted such access.

Indemnification

truelogic agrees to indemnify, defend and hold the User harmless from and against any and all losses, damages, claims, or liabilities for infringement of intellectual property rights or claims of injury, death or property damage brought by the User's employees or agents resulting from use of the Service. Should the User's use of the Service become, or in truelogic's sole opinion be likely to become, the subject of an infringement claim, truelogic may, at its option and expense, either (i) procure for the User the right to continue to use the allegedly infringing subject matter; (ii) replace or modify the allegedly infringing subject matter to make it non-infringing; or (iii) terminate this agreement.

The User agrees to indemnify, defend and hold truelogic and any of truelogic's related corporate bodies harmless from and against any and all losses, damages, claims, or liabilities of any nature arising from: (i) the User's use or other actions relating to the Service, including any material provided or made available within the Service and/or (ii) the User's breach of any provision of this agreement.

For any indemnification obligations, the party being indemnified must: (a) immediately notify the indemnifying party in writing of any such claim, demand, action, cost, liability, loss or threat; (b) cooperate with the indemnifying party in the defense or settlement thereof; and (c) allow the indemnifying party to control such defense or settlement provided the indemnifying party is employing reasonable counsel satisfactory to the indemnifying party. The indemnified party will be entitled to participate in such defense at its own cost and expense.

Disclaimer of Warranties

This Service is provided by truelogic on an "as is" basis. truelogic disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

truelogic does not warrant that this site will provide continuous, prompt, secure or error-free service. Nor do they make any warranty as to the reliability or accuracy of information, content, materials or products available on this site.

truelogic is a distributer of content entered by the User. truelogic exercises no editorial control over such content and makes no warranty or representations as to the reliability, currency or accuracy of such content.

Further, the User agrees that the Internet is not established or maintained by truelogic, and truelogic is not liable for any limitation, delay, discontinuance or other problem inherent in the use of the Internet or possible regulation of the Internet that might restrict or prohibit the operation of the Service, nor is truelogic responsible for any delivery failures or other damage resulting from such problems.

Limitation of Liability

In no event shall either party's aggregate liability, if any, exceed the total fees payable by the User for the twelve (12) months immediately preceding the claim for such liability. In no event shall either party be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with the Service, including but not limited to the use or inability to use the Service, or for any content obtained from or through the Service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought has been previously advised of the possibility of such damages. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, in which case the exclusions set forth above may not apply in those states/jurisdictions.

General

Users are contracting with truelogic PTY LTD, PO Box 629, Kingsgrove, NSW 1480. The governing law is the State of New South Wales, Australia.

truelogic and the User agree to the applicable governing law as described above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.

No joint venture, partnership, employment, franchise or agency relationship exists between the User and truelogic, nor shall either party be authorized to bind the other in any way.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

In the event of litigation relating to the subject matter contained herein, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting thereof.

No text or information set forth on any other form or document (other than the Privacy Policy) shall add to or vary the terms and conditions of this Agreement. This Agreement, including the Privacy Policy, comprises the entire agreement between the User and truelogic and supersedes all prior or contemporaneous discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Modification to Terms

truelogic reserves the right to modify the terms and conditions of use or its policies related to the Service at any time, effective upon posting of an updated version of this Agreement on the site. The User is responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute consent to such changes.