FanBridge Terms and Policies
FanBridge.com - Terms and Conditions
Last Revised: 11/1/08
FanBridge provides a variety of tools and resources to collect email addresses and to create, manage, and send online email campaigns ("Services"). This service may not be used for the sending of unsolicited email (sometimes called "spam"). See our Anti-Spam Policy.
The following are the terms and conditions for use of FanBridge.com. By checking the "I agree to the above Terms and Conditions" box on the sign-up page or by logging in to FanBridge, you accept these terms and conditions.
1. Acknowledgements. Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
- FanBridge may not be used for the sending of unsolicited email (sometimes called "spam").
- FanBridge may only be used for lawful purposes.
- The Services will be subject to monthly subscription fees ("Paid Services") once you have switched to a paid plan.
- FanBridge will not use your customer list/subscriber list or any other customer information for any other purposes than those intended with the Service.
- You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email.
- You agree to import, access or otherwise use only permission-based lists (note: purchased or rented lists may not be used) in connection with your use of the Services.
- Every email message sent in connection with the Services must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list.
- You agree to process unsubscribe requests sent directly to you within a 10 day timeframe.
2. Services and Support
2.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.
2.3 You must complete the registration form on the Signup page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and files.
3. Free Plan, Fees and Payment
3.1 Customers signed up for the Free level plan will not be billed for FanBridge services if 400 or fewer messages are sent each month. Once the free message limit has been reached, you will have the option to upgrade to a paid monthly subscription. If you choose to upgrade to a paid monthly subscription, you will be required to submit payment for Services in the form of a monthly subscription for Paid Services. Access to the Services will be disabled until payment is received.
3.2 Fees will be billed monthly for Services. The fees are based on your monthly subscription plan and any applicable overage charges based on account activity. You are responsible for reviewing the fee schedule from time to time and remaining aware of the fees charged by FanBridge. The fee schedule, including messaging levels and prices, is subject to change at any time in FanBridge's discretion.
3.3 Payment for Services will be made by a valid credit card accepted by FanBridge. Fees are payable in US dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize FanBridge to charge your credit card for such amounts on a regular monthly basis. If FanBridge is for any reason unable to effect automatic payment via your credit card, FanBridge will attempt to notify you via email and your FanBridge account will be disabled until payment is received. Amounts paid for the Services are not refundable.
3.4 You acknowledge and agree that you are responsible for paying Fees for all email messages sent through FanBridge, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party.
4. Email & Permission Practices
4.2 You agree to import, access or otherwise use only permission-based lists (note: purchased or rented lists may not be used; please if you have questions).
4.3 You cannot mail to distribution lists, newsgroups, or spam email addresses. You cannot copy a FanBridge template or any other features or functionality from the Services and use them for any purpose other than sending emails from the Service.
4.4 You are responsible for monitoring, correcting, processing unsubscribe requests within 10 days, and updating the email addresses to which messages are sent through your FanBridge account.
4.5 Emails that you send through the Service may generate abuse complaints from recipients. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. FanBridge, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
4.6 FanBridge, at its own discretion, may immediately disable your access without refund to the Services if FanBridge believes in its sole discretion that you have violated any of the email and permission practices listed above, or the FanBridge Privacy or Anti-Spam Policies.
5. Restrictions and Responsibilities
5.1 FanBridge will not use your customer list or any other identifying customer information for any other purposes than those intended with the service. Your specific customer information will not be shared with any other parties unless required by law.
5.2 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
5.3 The Services shall be used for your internal business purposes only, and you shall not use the Services for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
5.4 You acknowledge and agree that the Services and the FanBridge company names and logos and all related product and service names, design marks and slogans, are the property of FanBridge or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of FanBridge. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks.
5.5 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). You agree you will not access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless FanBridge and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. In addition, you acknowledge and agree that FanBridge has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although FanBridge has no obligation to monitor the content provided by you or your use of the Services, FanBridge may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
5.6 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited.
5.7 For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "This email message is powered by FanBridge" or a similar message. You agree to cooperate with and provide reasonable assistance to FanBridge in promoting and advertising the Services.
5.8 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to FanBridge. FanBridge may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. FanBridge will not provide information to companies you have not authorized unless required by law or if you are terminated from FanBridge due to unsolicited commercial email being sent from your FanBridge account.
5.9 If you receive special discounts through a Partner, those discounts may not be available if you cease to continue to be a customer of the Partner, in which case FanBridge's standard rates will apply. The Partner may notify FanBridge of any change in your status.
6.1 You may terminate this Agreement at any time by clicking Terminate Account on the My Account section of FanBridge.com. There are no refunds for any fees paid.
6.2 FanBridge may terminate this Agreement or the Services, 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. FanBridge shall have no liability to you or any third party because of such termination or action.
6.3 After termination, you are required to process all unsubscribe requests within 30 days of your last email campaign. FanBridge will provide upon request the list of unsubscribe requests from your last campaign. 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. After termination, FanBridge reserves the right to delete all account and subscriber information from our system. FanBridge will attempt to contact you via email prior to taking any permanent removal actions.
6.4 In the event of a termination due to a violation of the SPAM Policy or Abuse Policy, FanBridge reserves the right to recover unpaid amounts and/or damages through any and all means (including, but not limited to, credit cards on file).
7. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. FANBRIDGE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND FANBRIDGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for FanBridge to use commercially reasonable efforts to adjust or repair the Services.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL FANBRIDGE OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS FANBRIDGE) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF FANBRIDGE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, FANBRIDGE IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF FANBRIDGE TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
9. Export of Services or Technical Data
You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
10.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
10.2 FanBridge and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
10.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind FanBridge in any respect whatsoever.
10.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
10.5 The Agreement shall be governed by the laws of the State of New York, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in New York, New York.