SenderGen Terms of Service
Last revised : January 06 2016
Acceptance of the Terms
The Terms may be revised and updated from time to time, with or without any notice. SenderGen shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. SenderGen urges you to check the Last Revised date which appears at the top of the Terms. You can review the most current version of the Terms at any time at: http://www.sendergen.com/terms.php.
By accessing the Site, linking to the Site, downloading or using the Software and/or using the Service, you acknowledge that the Terms constitute a binding and enforceable legal contract between SenderGen and any person accessing, linking to, or using the Site and/or the Service.
Description of the Service
The Platform enables you to design and customize your emails Among other things, you may add to your e-mails your very own personal content and you may also integrate into your emails various applications offered on the Platform by SenderGen and third parties. The Service is provided both to registered Users and non-registered Users. Registered Users may choose Premium Account, subject to certain payment obligations detailed in Section 4 (Consideration) below. SenderGen shall make the Platform available from time to time and in its sole discretion. SenderGen explicitly states, and you hereby acknowledge, that no representation or guaranty is given with regard to the availability of the Platform.
No Bulk Mail
You must comply with your local electronic mail laws. Unsolicited emails are not allowed.
- You are the sole or designated "sender" (as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act (collectively, the √íCAN-SPAM Act√ì)) of any email message sent by you using the Products, and all messages you send using the Products will comply with all requirements of the CAN-SPAM Act.
- The Platform will not be used for the sending of unsolicited bulk email (sometimes called "spam") in violation of the CAN-SPAM Act or other applicable law.
- The Platform will only be used for lawful purposes.
- The Platform will not be used for hosting content, including images and documents, that infringes the intellectual property rights of others, including copyright, trademark and patent infringement, or that includes any obscene or libelous material or other material that violates any applicable law or regulation.
- You will not access or otherwise use third party mailing lists or otherwise prepare or distribute unsolicited email, in connection with the Products.
- We may offer Users with either free or Premium Accounts. Premium Accounts shall be subject to either monthly, quarterly or yearly payment, via an online payment system. The fees related to the Premium Accounts are as listed on the Site at the address – http://www.sendergen.com/cart.php and are subject to change. Optionality a separate pricing and contract terms sheet can be agreed upon that would override, but not replace, terms of this agreement.
- You may notify us that you wish to terminate your subscription by logging into http://www.sendergen.com and canceling your service. Cancelation is subject to a separate pricing and contract terms addendum.
- Annual committments are required for customers that purchase 100 or more user licenses.
Late Payment Policy
Any late payments on invoices are subject to a $50 + 1.5% per month penalty.
There are certain conducts which are strictly prohibited. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your Account and may expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
(i) Use the Platform in any form of spam or unsolicited mail.
(ii) Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Site and/or the Platform in any way;
(iii) Create a browser, frame, border environment or GUI around the Site or the Platform;
(iv) Interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
(v) Interfere with or violate Users’ rights to privacy and other rights, or harvest or collect data and information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other automatic device, process or method to access the Site and/or retrieve index and/or data-mine information;
(vi) Impersonate any person or entity or provide false information;
(vii) Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that SenderGen endorses you, your website, your business or any statement you make, or present false information about the Site;
(viii) Transmit, distribute, display or otherwise make available through or in connection with the Site and/or the Platform any content, including User Generated Content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content.
(ix) Use the Site and/or the Platform for any illegal, unlawful or unauthorized purposes;
(x) Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our Platform infrastructure; including, without limitation, by placing any content generated through the Platform in any other software or service.
(xi) Bypass any measures we may use to prevent or restrict access to the Platform;
Intellectual Property Rights
The Site, the Platform and all Intellectual Property right pertaining thereto (other then User Generated Content), including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, designs, specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, “Intellectual Property“), are fully owned or licensed to SenderGen and subject to copyright and other applicable intellectual property rights under United States laws, foreign laws and international conventions. Notwithstanding the above, certain third party content made available or displayed on the Platform. The Software and/or the Site may be owned by third parties. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property pertaining to the Site or the Portal.
User Generated Content
- The Platform allows you to upload, post, publish and make available through it, your own copyrightable materials such as literary and/or artistic works and other proprietary materials (the “User Generated Content“). As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property. You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material in any way. You represent and warrant that you have (and will continue to have) all necessary licenses, rights, consents, and permissions which are required to use and to enable the Platform to use your User Generated Content. You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for SenderGen to use or possess in connection with the Site and/or the Platform. SenderGen explicitly reserves the right to remove the User Generated Content without a prior notice, at its sole discretion.
- When you upload, post, publish or make available User Generated Content on the Site or use such User Generated Content via the Platform, you grant to SenderGen an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, transmit, prepare derivative works of, display, make available to the public by use of databases, such as User Suggestions Databases, and perform that User Generated Content in connection with the Site and/or Platform, whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels known today and developed in the future.
User representations and undertakings
- As a condition for your use of the Platform, you hereby represent and warrant that (i) you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Site and/or the Platform in accordance with these Terms, and to fully perform your obligations hereunder;
(ii) the execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; (iii) you will not infringe or violate any of the Terms; and (iv) you will safeguard your Account information and will supervise and be completely responsible for any use of your Account.
- You acknowledge and agree that: (a) SenderGen may remove any User Generated Content and/or discontinue your use of the Platform in its sole discretion with or without any reason; (b) SenderGen may integrate commercials and advertisements, whether within or beside the Site and/or the Platform. All the information contained in such commercials and advertisements belongs solely to the advertisers and SenderGen makes no warranties or representations as to such advertisements, whether or not SenderGen has control over such advertisements. SenderGen, advertisers, publishers and/or other third-parties may be entitled to certain shares of the earnings for such commercials and advertisements. You agree, acknowledge and consent that you have no rights to receive any compensation whatsoever with respect to any revenue share or other monetary amounts pertaining to commercials and advertisements on the Platform.
Trademarks and Trade names
“sendergen.com”, “SenderGen”, “SenderGen Email Apps”, SenderGen’s logo and all other proprietary identifiers used by the Company in connection with the Site and Service (“Company Trademarks”) are all trademarks and/or trade names of the company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks.
Third Party Websites Links and Services
You may terminate this Agreement at any time by calling SenderGen Customer Support or, if you are accessing our Products by contracting with a reseller, contacting such reseller. There are no refunds for any fees paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND SENDERGEN IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT AND ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT. SenderGen may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. SenderGen shall have no liability to you or any third party because of such termination or action. SenderGen may delete any of your archived data within 30 days after the date of termination. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability. All payment obligations accrued prior to the effective date of termination shall survive termination. If your account is classified (at SenderGen's sole discretion) as inactive for over 120 days, SenderGen has the right to permanently delete your subscriber data.
Disclaimer and Warranties
THE SITE AND THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SENDERGEN DOES NOT WARRANT THAT THE SITE AND/OR THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. SENDERGEN MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SITE AND/OR THE PLATFORM AT ANY TIME OR TO DISCONTINUE DISPLAYING WEBPAGES AND ANY CONTENT WITHOUT A NOTICE TO YOU. SENDERGEN MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE SITE AND/OR THE PLATFORM OR ANY AND ALL CONTENT AND INFORMATION PROVIDED THROUGH THE SITE OR THE SERVICE FOR A CERTAIN PURPOSE OR ANY PURPOSE AT ALL. SENDERGEN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR THE PLATFORM, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE PLATFORM AND/OR THE SITE, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT AND INFORMATION RECEIVED THROUGH THE SITE AND/OR PLATFORM. SENDERGEN DOES NOT ENDORSE ANY AUTHOR, WEBSITE, OR PRODUCT MENTIONED IN ANY USER GENERATED CONTENT.
Limitation of Liability
THE USE OF THE SITE AND THE PLATFORM IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND,WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE PLATFORM, OR THE USE OR INABILITY TO USE THE SITE AND/OR THE PLATFORM, REGARDLESS OF WHETHER THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE SERVICE REVENUE PAYED TO SENDERGEN WITHIN 6-MONTHS. SENDERGEN HEREBY FURTHER DISCLAIMS ALL WARRANTIES WITH REGARD TO THE USE BY ANY THIRD-PARTY OF ANY OF THE INFORMATION, WHETHER PERSONAL OR OTHER, YOU HAVE MADE PUBLICALLY AVAILABLE ON OR THROUGH THE PLATFORM.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Site and/or Platform; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site and/or Platform. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
The Company respects the intellectual property rights of others. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, please provide the following information in writing to the Company’s Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Company to locate the material; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
The Company’s Copyright Agent can be reached through the following address:
Email: copyright<at> sendergen.com
- These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
- Any claim relating to the Site and/or the Platform or its use thereof will be governed by and interpreted in accordance with the laws of the State of Deleware without reference to its conflict-of-laws principles.
- Any dispute arising out of or related to your use of the Site and/or the Platform will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the state of Deleware . You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
- If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.
- No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
- These Terms constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.
For information or questions please contact: