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ACCEPTANCE OF TERMS
Yesmailer.com ("Yesmailer") makes this Web site (the "Site"), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the "Materials") and all services operated by Yesmailer and third parties through the Site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Yesmailer may publish from time to time (collectively, the "Terms of Use").
By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.
Yesmailer reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check the "Terms of Use" link on the Site's home page to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.
TYPES OF USERS
Please be aware that certain activities on this Site, are available only to persons who are covered under a paid or trial subscription agreement with Yesmailer ("Subscribers") and persons invited by Subscribers to participate in such activities.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, Yesmailer and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
Use of Services. When using Services on this Site that are offered by Yesmailer, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.
In addition to the Materials and Services offered by Yesmailer, this Site also makes available materials, information, and services provided by third parties (collectively, the "Third Party Services"). The Third Party Services are governed by separate license agreements that accompany such services. Yesmailer offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by Yesmailer. You agree that you will not hold Yesmailer responsible or liable with respect to the Third Party Services or seek to do so.
Use of Software. The software and accompanying documentation that is made available to download from this Site is the copyrighted and/or patented work of Yesmailer and/or its suppliers. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the software. Absent a license agreement that accompanies the software, use of the software will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.
Use of Yesmailer Content and User Content. Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Yesmailer Content and User Content available on this Site subject to the following conditions:
1. The Yesmailer Content and User Content may be used solely for personal, informational, and internal purposes.
2. The Yesmailer Content and User Content may not be modified or altered in any way.
3. The Yesmailer Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
4. You may not remove any copyright or other proprietary notices contained in the Yesmailer Content and User Content.
5. Yesmailer reserves the right to revoke the authorization to view, download, and print the Yesmailer Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Yesmailer.
6. The rights granted to you constitute a license and not a transfer of title.
IMPORTANT EXCEPTIONS: Various sections of the Site, may from time to time showcase the work of creative professionals. Such works belong to their creators, may be protected by copyright or other proprietary laws, and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
The rights specified above to view, download, and print the Yesmailer Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
TRADEMARK INFORMATION
The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of Yesmailer or other third parties. You are not permitted to use the Marks without the prior written consent of Yesmailer or such third party that may own the Marks.
PROHIBITED COMMUNICATIONS
You may submit only User Content or Design Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
USER CONDUCT
In using the Site, including all Services and Materials available through it, you agree:
not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;
not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
not to create a false identity;
not to use or attempt to use another's account, password, service, or system without authorization from Yesmailer;
not to access or attempt to access any Content which you are not authorized to access;
not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
MANAGING CONTENT AND COMMUNICATIONS
Although it is not our intention to do so, Yesmailer reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability. In addition, Yesmailer reserves the right to delete or remove Content if the relevant subscription has expired or lapsed or if Yesmailer has a good faith belief that the user posting such Content has violated these Terms of Use, or any law or regulation, or that such deletion or removal is necessary to comply with the law or to protect the rights of Yesmailer or others.
Yesmailer may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available and (ii) the substance of any User Content.
To the maximum extent permitted by law, Yesmailer will have no liability related to Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Yesmailer also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content or Design Content.
USE AND PROTECTION OF ACCOUNT NUMBER AND PASSWORD
You are responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND YESMAILER OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ADOBE MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. ADOBE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND YESMAILER MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) YESMAILER DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) YESMAILER MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) ADOBE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. YESMAILER ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YESMAILER OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (30) DAYS.
INTERNATIONAL USERS
This Site can be accessed from countries around the world and may contain references to Yesmailer products, services, and programs that are not available in your country. These references do not imply that Yesmailer intends to announce such products, services, or programs in your country.
The Site is controlled, operated, and administered by Yesmailer from its offices within Australia. Yesmailer makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the Australia, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside Australia, you are responsible for compliance with all local laws.
PERSONAL INFORMATION AND PRIVACY
To learn about how Yesmailer protects your personal information, such as your name and address, refer to the Yesmailer Online Privacy Policy. Except as set forth in the Privacy Policy or in the Terms of Use, your personal information will be deemed to be confidential. With the exception of certain types of Content, any non-personal information or material sent to Yesmailer will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Yesmailer or others, or as stated in our Privacy Policy. Please be aware that your browser may be required to accept cookies in order for you to use certain services.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL YESMAILER, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT YESMAILER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
USER FORUMS
In addition to these Terms of Use, users of the Yesmailer User to User Forums must agree to a separate legal agreement located within the Forums registration area of the Site. Your access to the User to User Forums will be denied for violation of either the Terms of Use or the agreement located within the Forums registration area of the Site. In particular, you should be familiar with the Section titled "PROHIBITED COMMUNICATIONS" in that agreement and conduct your activities accordingly.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
Yesmailer will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others.
INDEMNITY AND LIABILITY
You agree to indemnify and hold Yesmailer, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any Content or computer viruses), your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Yesmailer from its offices within the state of Queensland, Australia. By accessing this Site, you and Yesmailer agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Queensland, without regard to the conflicts of laws principles thereof. You and Yesmailer also agree and hereby submit to the exclusive personal jurisdiction and venue of the State of Queensland, Australia with respect to such matters.
LANGUAGE
It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
GENERAL
The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Yesmailer and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Yesmailer to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.
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