These Terms of Service ("Terms") govern your use of the website, web app, and services (together or
individually, "Service") offered by Email Opener. ("Email Opener", "we", "our", "us", "Company"). "You" refers to you as
a user of the Service.Welcome to Email Opener!
These Terms of Service ("Terms") govern your use of the website, web app, and services (together or individually, "Service") offered by Email Opener. ("Email Opener", "we", "our", "us", "Company"). "You" refers to you as a user of the Service.
Please read these terms carefully. By using our Service, or otherwise indicating your acceptance, you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, please do not access or use our Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
All brand, product and service names used in this Service which identify Email Opener or third parties and their products and services are proprietary marks of Email Opener and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Email Opener or any third party with respect to any such image, logo or name.
(a) User Generated Content. Email Opener does not claim any ownership rights in the images, graphics, text, data, hyperlinks and other material supplied by you to us in connection with the App (collectively, “User Generated Content”). By uploading any User Generated Content, you hereby grant us a license to use, modify, delete from, add to, publicly perform, publicly display, and translate such User Generated Content, along with the right to excerpt, analyze, and index from such User Generated Content solely in connection with provision of the App. You represent and warrant that: (i) you own the User Generated Content or otherwise have the right to grant the license set forth in this section, and (ii) the posting and use of your User Generated Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree that we may remove User Generated Content that is offensive or otherwise unacceptable to us at our sole discretion.
(b) Email Opener Content. The App is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as provided in these Terms, Email Opener and our licensors exclusively own all right, title, and interest in and to the App, including all associated intellectual property rights. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the App.
The App contains material, such as videos, photographs, software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Email Opener (collectively referred to as the “Email Opener Content”). The Email Opener Content may be owned by us or our licensors, and is protected under both United States and foreign laws. Unauthorized use of the Prairie Content may violate copyright, trademark, and other laws.
The Email Opener Content includes trademarks, service marks, and logos of Email Opener and its licensors used and displayed on the App, which are registered and/or unregistered trademarks or service marks of Email Opener or its licensors. We and our licensors retain all right, title, and interest, including all intellectual property rights, in and to the Email Opener Content. You must retain all copyright and other proprietary notices contained in the original Email Opener Content. You may not sell, transfer, assign, license, sublicense, or modify the Email Opener Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Email Opener Content in any way for any public or commercial purpose.
Some parts of our Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting the customer support team. Should automatic billing fail to occur for any reason, Email Opener will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Email Opener respects the intellectual property rights of others and expects users of the Service to do the same. At Email Opener's discretion and in appropriate circumstances, Email Opener may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact Email Opener's agent for notice of claims of copyright infringement who can be reached through firstname.lastname@example.org . You must provide our agent with substantially the following information, which Email Opener may then forward to the alleged infringer (see 17 U.S.C. 512 (c)(3) for further details):
Email Opener may provide links to third-party websites or resources. You acknowledge and agree that Email Opener is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Email Opener of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall Email Opener be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Email Opener that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Email Opener does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Email Opener, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Email Opener EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Email Opener MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
(a) We are not liable for damages: You agree that we will not be liable for any damages suffered as a result of using the Email Opener Service, or copying, distributing, or downloading Content from the Email Opener Service.
(b) No liability for certain types of damage for breach of contract or tort: In no event will you or we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort (including negligence), even if the relevant party has been previously advised of the possibility of such damage.
(c) You are responsible for your use of the Email Opener Service: You have sole responsibility for adequate security protection and backup of data, Content, and/or equipment used in connection with your usage of the Email Opener Service and will not make a claim against us for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Email Opener Service. You must not assign or otherwise dispose of your account to any other person.
(d) Indemnity: You will indemnify us against any loss suffered by us that arises out of a breach by you of these terms of service (including clause 7), or a third party claim made against us in relation to your Content.
(e) Limitation of our liability to you: In no event will our liability to you under or in connection with these terms of service or the Email Opener Service exceed the greater of the fees actually paid by you to us at the time the liability purportedly arose, or [$100]. This limitation applies regardless of whether your claim against us is based on contract, negligence, other torts or otherwise.
We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to Email Opener for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
These Terms constitute the entire agreement between Email Opener and you with respect to your use of the Service. Email Opener's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Email Opener shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Email Opener. These Terms shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of New York.
If you have any comments or questions about the Service please contact us by email at email@example.com.
To register as a member of the Service or purchase products, you must be 13 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Email Opener of any unauthorized use of your password.
Email Opener does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to Email Opener a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on Email Opener any use by a third party of your Content could violate paragraph 4 of these Terms and Conditions unless the third party receives permission from you by license.
At this time, Email Opener provides free online storage of Your Content to registered members of the Service. However, you acknowledge and agree that Email Opener may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on Email Opener's servers. Furthermore, you acknowledge that Email Opener reserves the right to terminate or suspend accounts that are inactive, in Email Opener's sole discretion, for an extended period of time (thus deleting or suspending access to your Content). Without limiting the generality of Section 9, Email Opener shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that Email Opener reserves the right to modify its storage policies from time to time, with or without notice to you.
You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.
You agree not to use the Service:
Commercial activities mean the offering, solicitation or sale of goods or services by anyone other than Email Opener. Commercial activities with respect to the arts are permitted for registered members acting as individuals, for small corporations or partnerships engaged primarily in art-related activities in which one or more of the principals is a registered member or for those seeking to retain the services or works of a registered member. Commercial activities in the form of paid advertising on the Service are subject to the terms and conditions relating to the purchase of such advertising. No other commercial activities are permitted on or through the Service without Email Opener's written approval. Any interactions with members of the Service with respect to commercial activities including payment for and delivery of goods and/or services and any terms related to the commercial activities including conditions, warranties or representations and so forth are solely between you and the other member. Paragraph 9, above, of these Terms of Service specifically applies with respect to commercial activities.
You agree that Email Opener may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the Email Opener Site, in Email Opener's sole discretion, if you fail to comply with the Terms or applicable law. You may use Service only for lawful purposes and in accordance with Terms.
You agree not to use Service:
Additionally, you agree not to: