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
  1. 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.
  2. 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.

  3. 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.



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