Terms of Service.
Implix, the sole holder
of GetSubscribers, provides the Service to Customers through the
GetSubsribers.com website according to the following
Terms of Service.
By purchasing,
accessing, installing or otherwise using the Service, you agree
to be bound by this Agreement. Please retain a copy of this
Agreement for your records. If you do not agree with the Terms
and Conditions of this Agreement, please do not use the Service.
1. Service
Implix provides an online
Service that enables the Customer to collect targeted email
addresses to be used for promotion of the Customer's website,
product or service on the Internet (
"the
Service").
Implix supplies an ordered number
of targeted email addresses of the people or the companies that
expressed direct interest in the Customer's website, product or
service and in receiving commercial information from the
Customer (
"the Leads").
The Customer
provides a full description of the website, product or service
that they want to promote (hereinafter referred to as the
"marketing campaign" and/or the "campaign" and/or "the
description"). The Customer shall provide and specify the
precise, current, complete and accurate information, which shall
be used in the description. Once the description is accepted,
Implix shall display the campaign on its high traffic sites
("launch of the Service").
The Customer has the right
to change or withdraw the description at any time while the
Service is being performed.
Implix can suspend the
Service at the Customer's request and then reactivate it after
receiving notification from the Customer. The Customer is
requested to address their notification to the Customer Support
Department at
gs-info@cs.implix.com.
2. Customer
The Service is provided to a
registered user, hereinafter referred to as
"the
Customer".
On ordering the
Service, the Customer:
(1) states a number of
Leads;
(2) agrees to pay a fee for the Service;
(3)
agrees to fill out the registration form with current, complete,
and accurate data;
(4) agrees to maintain and promptly
update this data to ensure that it is current, complete and
accurate;
(5) agrees that any and all communication
regarding the performance of the GetSubscribers Service shall be
addressed to the Customer Support Department at
gs-info@cs.implix.com On registration to the Service, the Customer agrees
to comply with the provisions of the
Terms of
Service and the
Implix Anti-Spam
Policy.
On registration to the Service, the
Customer agrees to receive commercial information about products
and services of Implix.
The Customer provides a
description of a website, product or service to be broadcasted
on the Internet by Implix.
The Customer is solely
responsible for the content of the materials which are sent out
using the Service provided by Implix.
All the
information and materials sent out by means of the Service are
provided to recipients by the Customer, not by Implix. Any and
all communication through the Service is transmitted between the
Customer and their recipients. As a result, even though a
certain recipient may have opted-out from receiving
communications from Implix, such a recipient may receive certain
Service-related e-mails sent by the Customer. In addition, if
applicable, Implix may send announcements and/or e-mails to your
recipient in your name, as your agent, at your request and on
your behalf. You are solely responsible for such e-mails and the
contents thereof.
The Customer expressly agrees that
use of the Service is at their sole risk and accepts the fact
that the Service is provided on an "as is" basis, without
guarantees of any kind.
3. Implix Obligations
Implix shall search
for targeted email addresses on the basis of the description.
Implix launches the Service after verifying that the
description complies with these
Terms of
Service.
Implix ensures that each targeted
email address has been confirmed by the holder to receive
commercial information from the Customer.
Implix
ensures full integration of the targeted email addresses with
the GetResponse Service which Implix provides at the
GetResponse.com website.
Implix reserves the right to
refuse to launch a campaign, or waive a campaign, or edit the
description content at its sole discretion.
Implix
reserves the right to refuse any and all current or future use
of the Service to a Customer who intentionally or maliciously
evades the obligations stated in these
Terms of
Service, the
Implix Anti-Spam Policy
or arising from custom, and other best practices of conduct on
the Internet.
If Implix finds the Customer to be
using the Service for any abusive or illegal practices, Implix
will issue a warning. If Implix has any reason to believe that
the Customer, despite a warning being given, threatens to
continue or is continuing such practices, then Implix may take
action immediately, including terminating the Service and/or
reporting the Customer and the incident to the appropriate
authorities.
4. Customer Obligations
The Customer
ensures, with no limits, the due application of the
Terms of Service, the
Implix
Anti-Spam Policy and appropriate law
provisions regarding the streaming of content on the Internet.
Under no circumstances is the Customer to undertake any unlawful
practices.
The Customer is particularly obliged not
to promote any abusive or illegal content or information on
Implix competitors.
The Customer acknowledges that
they are not allowed to use in the description any and all
content that:
(i) advocates, promotes, incites,
instructs, assists or otherwise encourages violence or any
illegal activities;
(ii) infringes or violates the
copyright, patent, trademark, service mark, trade name, trade
secret, or other intellectual property rights of any third party
or Implix, or any rights of publicity or privacy of any party;
(iii) attempts to mislead others about the Customer’s
identity or the origin of a message or other communication, or
impersonates or otherwise misrepresents the Customer’s
affiliation with any other person or entity, or is otherwise
materially false, misleading, or inaccurate;
(iv)
promotes, solicits or comprises inappropriate, harassing,
abusive, profane, defamatory, libelous, threatening, obscene,
indecent, vulgar, pornographic or otherwise objectionable or
unlawful content or activity;
(v) is harmful to
minors;
(vi) contains any viruses, Trojan horses,
worms, time bombs, or any other similar software, data, or
programs that may damage, detrimentally interfere with,
surreptitiously intercept, or expropriate any system, data,
information, or property of another; or
(vii) violates
any law, statute, ordinance, or regulation (including without
limitation the laws and regulations governing export control,
unfair competition, anti-discrimination, or false
advertising).
If the Customer provides any information
that is untrue, inaccurate, not current or incomplete, or if
Implix has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, we reserve the
right to suspend or terminate the Customer's account and refuse
any and all current or future use of the Service.
The
Customer may not use any hardware or software intended to damage
or interfere with the proper and timely functioning of the
Service or to surreptitiously intercept any system, data or
personal information from the GetSubscribers.com website and/or
the Service.
5. Payments
The payment includes the fee
for the order, Customer Support, and all applicable
taxes.
Where appropriate, tax on goods and services
(VAT) shall be added to the payment price in accordance with
currently effective rates. Upon receipt of each payment, Implix
will issue an invoice for the Service. The Customer expressly
agrees to receive invoices issued by Implix by electronic means
of communication.
Implix sends an email to the
Customer, containing a receipt to confirm the payment. Implix
issues an invoice at the Customer's request.
Implix
reserves at its sole discretion the right to change the fees for
the Service subscription.
Implix does not provide the
Customer with the right to withdraw the order and warrants that
no refunds are given.
6. Technical Requirements
Implix assures
that the Service will work properly on Windows 98/NT/2000/Me/XP
platform with Internet Explorer 6.0 or higher.
7. Customer Support Service
Implix provides
Customers with Email, Fax and Phone Support.
The
Customer may address all questions, doubts, and report errors
via email to the GetSubscribers.com Customer Support Department
at
gs-info@cs.implix.com. The Customer should
provide at least the account name and their name. Implix does
not investigate or take any action based on "anonymous" support
requests.
Implix assures that reaction shall occur
within two working days after receiving a request from the
Customer.
Implix distributes a User Guide, Frequently
Asked Questions and other support materials and provides a
User's Forum in order to support the FREE account Customers.
8. Complaint Procedure
The Customer accepts
unconditionally that the Service is distributed on an "as is"
basis without warranties of any kind, either expressed or
implied.
The Customer is requested to submit their
complaint to the Customer Support Department at
gs-info@cs.implix.com.
On complaint,
the Customer should provide at least the account name and their
name.
Implix does not investigate or take any action
based on "anonymous" complaints.
The Customer Support
Department will investigate the problem as soon as possible and
inform the Customer on how the issue will be processed.
The Customer has the right to be informed about the
status of the processing of their issue.
If any issue
connected with the Service occurs, Implix assures to undertake
all measures to solve it as soon as possible.
9. Anti-Spam Policy. Privacy Policy
Implix
constitutes the
Privacy Policy and
Implix Anti-Spam Policy as inherent parts of these Terms of Service.
Implix will never use the information about the
Customer or about the Leads that is collected within the
Service, to send any unsolicited messages or information, nor
will share it with or sell it to anyone else for such use.
The Customer or any third party working on behalf of
the Customer shall not use the email addresses received from
Implix in order to transmit, distribute or deliver any unwanted
email correspondence.
10. Abusive and Illegal Practices
- The Customer is not allowed to use the Service
to stream any material that,
intentionally or unintentionally,
violates any applicable local, state,
national or international laws, or any
rules or regulations promulgated
hereinafter, or any copyrights or any
other rights of a third party.
- The Customer agrees that the use of the Service
is subject to all applicable national,
international, state, and local laws, as
well as any and all applicable
regulations, including the Terms of
Service. Furthermore, the Customer
agrees that, as far as their business
practices are concerned, they shall not
stream, disclose, engage and/or offer to
sell any goods or services that:
(i) are unlawful,
threatening, abusive, harassing,
defamatory, obscene, libelous,
slanderous, deceptive, fraudulent,
invasive of another person’s privacy,
tortuous, or otherwise violate Implix’s
rules or policies;
(ii)
victimize, harass, degrade, or
intimidate an individual or a group of
individuals on the basis of religion,
politics option, gender, sexual
orientation, race, ethnicity, age, or
disability;
(iii) associate
any content streamed through the Service
with pornography, adult-related
material, child pornography, bigotry,
racism, hatred, profanity, mail fraud,
or any material which may be insulting
to another person or a company;
(iv) infringe on any patent,
trademark, trade secret, copyright,
right of publicity, or other proprietary
right of any party, including, but not
limited to, unauthorized copying and
posting of pictures, logos, software,
articles, musical works and videos;
(v) contain harmful content,
including, without limitation, software
viruses, Trojan horses, worms, time
bombs, cancel bots, spy-ware, or any
other files, software programs, or
technology that is designed or intended
to disrupt, damage, surreptitiously
intercept or expropriate services or any
system, program, data or personal
information, or limit the functioning of
any software, hardware, or equipment or
to damage or obtain unauthorized access
to any data or other information of any
third party;
(vi) impersonate
any person or entity, including any of
our employees or representatives;
(vii) violate any law,
statute, ordinance, or regulation
including, without limitation, those
governing consumer protection, Internet
tobacco sales, unfair competition,
antidiscrimination or false advertising;
(viii) offer or disseminate
fraudulent goods, services, schemes, or
promotions (e.g. make-money-fast
schemes, chain letters, pyramid schemes)
or engage in any unfair deceptive act or
practice;
(ix) are associated
with any form of gambling or
lottery-type services;
(x)
are associated with any form of adult,
sexually oriented, or obscene materials
or services, including, without
limitation, any material clearly
designed to sexually arouse the
viewer/reader (e.g. books, text, photos,
videos, X-rated movies, pornographic
materials, etc.), any materials which
require individuals to be eighteen (18)
or older to view or purchase those
materials, escort services, and adult
websites;
(xi) are associated
with the sale of:
(xi.i) any controlled drug that
requires a prescription from
a licensed practitioner; or
(xi.ii) any
over-the-counter drug, or
(xi.iii)
nonprescription drugs;
(xii) are associated with
illegal telecommunications or cable
television equipment, such as access
cards, access card programmers and
unloopers, cable descramblers or
filters;
(xiii) are
associated with weapons of any kind and
related items, including firearms,
firearm parts and magazines, ammunition,
BB and pellet guns, tear gas, stun guns,
switchblade knives and martial arts
weapons;
(xiv) market for:
(xiv.i) nicotine, nicotine
products, products imitating
nicotine products, symbols
related to smoking or
nicotine;
(xiv.ii) alcohol of any
kind;
(xiv.iii)
drugs of any kind, products
related to drugs, symbols
related to drugs, the use of
drugs of any kind;
(xiv.iv) medical
services, medical aid,
medical assistance,
medicines;
(xiv.v) video lotteries,
cylindrical games, card
games, dicing, and automated
games;
(xv) use the Service to call on
minors directly to purchase products or
services;
(xvi) encourage
minors to influence their parents or
other persons with the aim of impelling
them to buy products or services
marketed through the Service;
(xvii) take advantage of minors’
inexperience and credulity; exploit the
special trust minors have in their
parents, teachers or other persons;
(xviii) unreasonably show
minors in dangerous situations, or
(xix) use the Service to
affect the subconscious of a
recipient.
- The foregoing list is non-exhaustive of
prohibited goods and services.
11. Copyright
All content included on the
GetSubscribers.com website, such as text, graphics, logos,
button icons, images, audio clips and software, is the property
of Implix or its content suppliers and protected by Polish, U.S.
and international copyright laws. No part of this website may be
reproduced or transmitted in any form or by any means without
written permission from the authors.
12. Trademarks
Implix, GetSubscribers.com,
GetSubscribers are trademarks of Implix and Szymon Grabowski in
the Republic of Poland, the United States and other countries.
Trademarks of Implix and Szymon Grabowski may not be
used in conjunction with other companies' products or services,
in any manner that may cause confusion among Customers and
potential Customers, or in any manner that discredits Implix,
its products and services.
13. Termination of Service
Implix reserves
at its sole discretion the right to terminate the Service in the
event of not receiving a payment.
Implix reserves at
its sole discretion the right to immediately terminate the
Service in the event of finding the Customer to be using Implix
services for spam activities and/or other unlawful practices.
Implix reserves at its sole discretion the right to
terminate the Service in the event of receiving independent
verification that the Customer provided grossly inaccurate,
unreliable or false registrant contact details, or failed to
keep such contact details up-to-date.
14. Disclaimer of Warranties. Limitation of
Liabilities
IMPLIX DOES NOT WARRANT FOR THE
WEBSITE AND THE SERVICE IT IS PROVIDING. IMPLIX DISCLAIMS ANY
WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS
FOR A PARTICULAR PURPOSE. THE SERVICE AND THE WEBSITE ARE
DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED.
IMPLIX DOES NOT WARRANT
THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.
IN NO EVENT WILL IMPLIX NOR ITS AGENTS, EMPLOYEES, DIRECTORS,
OFFICERS OR SUPPLIERS BE LIABLE FOR LOSSES OR DAMAGES HEREUNDER
OR UNDER ANY SCHEDULE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL LOSS OR DAMAGE (EVEN IF IMPLIX HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS) INCLUDING, BUT NOT LIMITED TO,
LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, FAILURE TO
REALIZE EXPECTED PROFITS OR SAVINGS OR OTHER COMMERCIAL OR
ECONOMIC LOSS OF ANY KIND OR ANY CLAIM AGAINST THE CUSTOMER BY
ANY OTHER PERSON RESULTING FROM OR ARISING IN ANY CONNECTION
WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, ANY
SCHEDULE OR ANY OBLIGATION HEREUNDER OR THEREUNDER (INCLUDING
THE SERVICES), HOWSOEVER CAUSED (INCLUDING BREACH OF A WARRANTY,
TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY LEGAL,
STATUTORY OR EQUITABLE CAUSE OF ACTION).
THE
LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL
APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND
OR CLAIM BY THE CUSTOMER, INCLUDING, WITHOUT LIMITATION, BREACH
OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER
LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES
OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT.
Implix is not responsible for any delay or failure in
performance due to Force Majeure, or other occurrences that are
beyond Implix’s reasonable control. Implix is not responsible
for short, temporary and accidental suspension of the Service as
a result of circumstances which Implix could not foresee or
suspect.
The Customer recognizes that Implix does not
own or control other networks, information and systems outside
its own network, nor is Implix responsible for performance or
non-performance within such networks. Implix exercises no
control over and specifically denies any responsibility for the
content, information, accuracy or quality of the information
and/or data passing through its network or the Service provided.
The use of the Service is at the Customer's sole
risk. Implix is in no way responsible for the conduct of its
Customers, the content of the description of the Customer's
website, product or service broadcasted on the Internet.
Implix is not responsible for any indirect,
incidental, special, punitive, or consequential damage that
results from the Customer's use of the Service.
Implix is in no way responsible, without limitation, for any
damage or loss resulting from Service interruptions or delays.
Implix shall have no liability for any damages
suffered by the Customer or any third party as a result of the
use or the misuse of the Service.
15. Final Provisions
The illegality,
invalidity or unenforceability of any provision of these general
Terms of Service shall not affect the legality, validity and
enforceability of any other provisions hereof.
Implix
reserves the right to modify, add or delete any documents,
information, graphics or other content appearing on or in
connection with the GetSubscribers.com website, including these
Terms of Service, at any time
without notice.
This Service shall be interpreted and
construed according to, and governed by, the laws of the
Republic of Poland, excluding any such laws that might direct
the application of the laws of another jurisdiction.
The law of the Republic of Poland and the Polish Court shall be
the jurisdiction.