This policy is effective as of 1 April 2015.
- Agreement between user and Mailzinger
Mailzinger is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Mailzinger constitutes your agreement to all such terms, conditions and notices. When you use Mailzinger or create an account at Mailzinger, you accept these terms and conditions.
- No unlawful or prohibited use
As a condition of your use of the Mailzinger website, you warrant to Mailzinger that you will not use Mailzinger for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use Mailzinger in any manner which could damage, disable, overburden or impair Mailzinger or interfere with any other party's use and enjoyment of Mailzinger. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Mailzinger.
- PERSONAL USE
The Mailzinger Service (the "Service") is made available to you for your personal use only. You must provide current, accurate identification, contact and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities that occur thereunder. Mailzinger reserves the right to refuse service to anyone at any time without notice for any reason.
- PROPER USE
You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with this Agreement or such other terms as Mailzinger may provide from time to time. You agree that you will use the Service in compliance with all applicable local, state, national and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Mailzinger; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates this Agreement, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to national, state and/or federal penalties and other legal consequences. Mailzinger reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
- CONTENT OF THE SERVICE
Mailzinger takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Mailzinger have any obligation to monitor such third party content. Mailzinger reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Mailzinger also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Mailzinger, its users and the public. Mailzinger will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
- INTELLECTUAL PROPERTY RIGHTS
You acknowledge that Mailzinger owns all right, title and interest in and to the Mailzinger service, including without limitation all intellectual property rights as protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from Mailzinger. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from Mailzinger. Mailzinger's rights include rights to (i) the Service and features developed and provided by Mailzinger; and (ii) the unique features of Mailzinger; and (iii) all software associated with the Mailzinger service. Mailzinger's rights do not include third-party content used as part of the service, including the content of communications appearing on Mailzinger.
- REPRESENTATIONS AND WARRANTIES
You represent and warrant that (a) all of the information provided by you to Mailzinger to participate in the Mailzinger services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by use of the Delete Account facility on your 'Account' page or by writing to Mailzinger via the form on the 'Contact' page. A terminated account may continue to exist for up to two business days before such cancellation takes effect. Mailzinger may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any data or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless Mailzinger has previously cancelled or terminated your use of the Services (in which case subsequent notice by Mailzinger shall not be required), if you have provided an alternate email address, Mailzinger will notify you via email of any such termination or cancellation, which shall be effective immediately upon Mailzinger's delivery of such notice.
- REFUNDS POLICY
Annual subscriptions will be refunded pro-rata based on the following formula: cost of the Annual subscription multiplied by the remaining number of unused whole calendar months divided by 12. Claims for refund must be made within one month of the cancellation date. No refund will be made for any part of a cancelled Monthly subscription.
You agree to hold harmless and indemnify Mailzinger, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
- APPLICABLE LAW
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of England and Wales.
- CHANGES TO THE TERMS
Mailzinger retains its right to change these Terms anytime in the future. You should periodically check and review these Terms to make sure that you are aware of any changes and continue to agree with them. Mailzinger website shall have a copy of the current Terms readily accessible at all times for your reference. Your use of the Website and associated Service following any change implies your continued agreement with the latest Terms in force.
Mailzinger is a product of Mailzinger Ltd, 4 Devonshire Street, London W1W 5DT. UK Registered Company Number: 9423885.
- PATENT PENDING
UK Patent Pending number is GB1505608.8.
Mailzinger contains Patent Pending technology and software that is protected by copyright law and international treaties. Unauthorized reproduction of this software, or any portion thereof, will be prosecuted.