Welcome to the Email Experience Council Internet Site. The provisions set forth below (the “Agreement”) state the terms and conditions that govern your use of the Website(s) located at www.emailexperience.org(the “Website”) and the services and materials offered thereon by The Email Experience Council (“EEC”).
BY USING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THESE TERMS & CONDITIONS (THE “TERMS & CONDITIONS” OR “TERMS”) ON OUR SITES. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS YOU ARE NOT AUTHORIZED TO USE THE WEBSITE. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD TO, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME WITHOUT NOTICE. PLEASE CHECK THE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES TO THESE TERMS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
IP RIGHTS & OWNERSHIP
The Website and its contents are protected pursuant to U.S. and international copyright laws. All materials published on the Website are the copyrighted property of the EEC, third party licensors, or the party credited (the “Material”). EEC claims no copyright in any government or other public domain content that may be on our sites. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Material, in whole or in part or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. You may download EEC’s copyrighted material for users personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the Material will be permitted without the express permission of EEC and the copyright owner. In the event of any permitted copying, redistribution or publication of the Material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading the Material. The trademarks, logos and service marks displayed on the Website are owned by EEC or third parties. EEC, Email Experience Council and all related logos, whether or not registered, are trademarks belonging to EEC. All rights reserved. All other trademarks appearing on the Website are the property of their respective owners.
FORUMS, EMAIL, AND PUBLIC COMMUNICATION
The Website may include forums, roundtables, chat rooms, email function, or other areas (collectively “Forums”), where users can post or exchange information, ideas, opinions, photographs, images, videos, creative works or any other materials (collectively “Messages”) with other users of the Website or the Internet. In no event shall the EEC assume or have any responsibility or liability for any Messages posted on Forums or for any claims, damages or losses resulting from their use or appearance on the Website Children under the age of 18 are not authorized to post messages or participate in Forums on the Website.
EEC does not control Messages delivered to Forums, and the EEC has no obligation to monitor such Forums. If at any time the EEC chooses, in its sole discretion, to monitor the Forums, EEC nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Messages.
The Messages do not necessarily reflect the views of EEC and are not necessarily reviewed prior to posting. The EEC makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy or reliability of any Messages and other materials in the Forums. EEC reserves the right at all times to disclose any information (including the identity of the persons providing information or materials on its Forums) as necessary to satisfy any law, regulation, or governmental request. Further, the EEC reserves the right to restrict, prohibit your use, and remove or edit Messages from any Forum at any time, for any reason.
By posting Messages (including but not limited to acts of uploading files, inputting data, or engaging in any other form of communication) through Forums, you are granting EEC a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials and/or ideas or incorporate such materials and/or ideas into any form, medium, or technology now known or later developed throughout the universe, and that all so-called “moral rights” to such Messages have been waived. This grant of rights means that such Messages will be owned by EEC, and may be used without any payment to, or further authorization by you. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.
RULES OF CONDUCT
It is a condition of your use of Forums and the Website that you do not: (1) Use any Forums for any illegal purposes (or to solicit any illegal act) including, but not limited to, violating applicable antitrust laws and regulations; (2) Restrict or inhibit any other user from using and enjoying the Forums; (3) Post or transmit an unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, harassing, pornographic, profane, or indecent information of any kind, including images and language or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law; (4) Post or transmit any message with bigoted, hateful, or racially offensive statements; (5) Post any message that solicits gambling or engage in any gambling activity; (6) Transmit or upload any information, software or other material that violates or infringes on the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; (7) Post or distribute any software or other materials that contain a virus or other harmful component; (8) Advertise or sell or solicit to others; (9) Use the site or its services for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or “spamming,” or in connection with contests, surveys, or pyramid schemes; (10) Try to gain unauthorized access to the Website, other users’ accounts, or computers connected to the
Website though password mining or other means; or (11) Interfere with another user’s use and enjoyment of a Website or any other individual’s use and enjoyment of related services. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
THIRD PARTY CONTENT AND LINKS TO OTHER SITES
At certain places on the Website, users may be able to link to other Internet addresses. These other sites are not under the control of the EEC, and you acknowledge that the EEC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such sites. The inclusion of such a link does not imply endorsement of the site by the EEC or any association with its operators. Use of any information on the Website or obtained from linked addresses is voluntary and reliance on it should only be undertaken after an independent review. A link or reference herein to any specific commercial product, process or service by trademark name, trademark, service mark, manufacturer or otherwise does not constitute or imply endorsement, recommendation or favoring by the EEC.
User access and use of the Website, or portions thereof may be restricted through the use of a login and password registration mechanism or similar process (collectively “User Account”). You are responsible for maintaining the confidentiality of your User Account, and are fully responsible for all activities that occur under your User Account. You agree to (a) immediately notify us of any unauthorized use of your User Account or any other breach of security, and (b) ensure that you exit from restricted areas at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision.
We may change, suspend or discontinue any aspect of our online services at any time, including the availability of any feature, database, or content available at the Website. EEC may also impose limits on certain features and services or restrict your access to parts or all of a the Website without notice or liability.
PRIVACY AND SECURITY
COPYRIGHT INFRINGEMENT POLICY
EEC respects the rights of all copyright holders and in this regard, EEC has adopted and implemented a policy that provides for the termination in appropriate circumstances of members and/or other users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide EEC the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed 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 reasonably sufficient to permit us to locate the material; 4. Information reasonably sufficient to permit us to contact the complaining party; 5. A statement that the complaining party has 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 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
NO LEGAL ADVICE
Nothing contained on the Website is intended as, nor shall be construed as, legal advice, guidance, or interpretation. No attorney-client relationship is established between the EEC and you by your using the Website. The information provided on Website is for general informational purposes only, and questions about any law, statute, or regulation should be directed to an attorney with expertise in the relevant area.
THE WEBSITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE WEBSITE INCLUDING CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE EEC, ITS MEMBERS, SUBSIDIARIES, AFFILIATED COMPANIES, ITS LICENSORS, EMPLOYEES, AND THE LIKE, DO NOT WARRANT THAT THE WEBSITE AND CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CORRECT, OR FREE FROM ERROR OR OMISSIONS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, THE EEC, AND ON BEHALF ITS MEMBERS, SUBSIDIARIES, AFFILIATED COMPANIES, ITS LICENSORS, EMPLOYEES, AND THE LIKE, HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT RELATED TO THE WEBSITE. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL EEC, ITS MEMBERS, SUBSIDIARIES, AND AFFILIATED COMPANIES, ITS LICENSORS, EMPLOYEES, AND THE LIKE, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATED TO YOUR VIOLATION OF THESE TERMS OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE EEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE EEC’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED BUT ONLY TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless and upon request defend, EEC, its members, subsidiaries, and affiliated companies, its licensors, employees, and the like, from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Webite and/or breach of these Terms. EEC reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the EEC in asserting any available defenses.
The Website is maintained by or on behalf of the EEC, located in the State of New Jersey, United States of America, or its affiliates. We make no representation that these materials are appropriate or available for use in any particular location. If you use the Website, you are responsible for compliance with applicable laws. By downloading or using content or features of the Website, you assume the responsibility for doing in compliance with the law that applies in jurisdiction(s) where you are located.
EEC makes no representation that materials on the Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws.
CHOICE OF LAW AND FORUM
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, U.S.A., without giving effect to any principles of conflicts of law. All disputes relating to this Website, this Agreement, or your use of this Website shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in the State of New York, USA.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein or expressly stated at Website, the terms of this agreement constitute the entire agreement between you and EEC with respect to the Website s and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the EEC with respect to the use of the Website. If any part of these Terms & Conditions or terms specific to Website is held invalid or unenforceable the remaining portions shall remain in full force and effect.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
EEC reserves the right, in its sole discretion, to terminate your access to all of the Website, or an area of the Website immediately and without notice. If you have any problems with these Terms & Conditions or with the Website your sole and exclusive remedy is to cease using the Website.
In the event that your access terminates as provided herein or you cease using the Website, these Terms & Conditions shall survive.
. If you have any other questions regarding the Website, please contact us at:
The Email Experience Council/Direct Marketing Association
1120 Avenue of the Americas
New York, NY 10036