Our business name is Campayn, a subsidiary of Iterro, Inc. (hereafter, "Campayn"
or "Company"). We are the owner of our website, www.Campayn.com (hereafter, "website").
I. General
A. Campayn takes User privacy seriously and takes reasonable efforts to protect your privacy. We have created this Privacy Policy ("Policies") in order to share with you our information collection and use practices.
AS IS MORE CLEARLY DEFINED HEREIN, WE WILL NEVER KNOWINGLY SELL OR ASSIGN YOUR PERSONAL INFORMATION WITHOUT YOUR KNOWLEDGE AND OR APPROVAL.
Please read these Policies carefully before sharing any personally identifiable information described below.
B. These Policies apply solely to the website located at www.Campayn.com. Company reserves the right to make changes or modifications to the Campayn website and these Policies. Display of any notice of changes online at the Campayn website shall constitute effective notice under these Policies, and User′s continued use of the website, thereafter, shall constitute User′s acceptance of such changes or modifications.
C. These Policies work hand-in-hand with our Terms of Use, for which the link can be found on the Home page of our website.
D. Users can access these Policies by clicking on the "Privacy Policy" link that appears on the Campayn website "Homepage" and by reading it on their computer monitor, printing it out, downloading it and/or saving it at any time, even after the Policies have been closed.
If you do not agree to be bound by these Policies, you may not use the website or the Services provided on or through it.
II. Definitions
The following words used in these Policies shall have the following meanings:
1. "Personal Information" shall mean all data and/or information provided by and about User, including e-mail address, name, address or payment information, etc.;
2. "Website" shall mean the website on which Campayn provides its Services.
3. "User" shall mean all Users/Customers of the Campayn website and its Services.
4. "Services" shall mean all Services and/or Products provided by and through Campayn and it′s website.
5. "3rd-Parties" shall mean all advertisers, licensors, partners or affiliate vendors that are included on the Campayn website.
III. What Personally Identifiable Information Does Campayn Collect and How Is It Used?
A. In order to access Campayn Services, you will be asked for certain personally identifiable information such as name, email address, shipping and billing address, payment and other information.
B. Campayn will not collect personally identifiable information from Users while they use the website, unless they voluntarily provide it to us or authorize us to collect such information. For example, if you purchase a Service Plan, you will be required to provide information to complete the purchasing transaction.
C. Users may provide other information about themselves, in addition to the mandatory Personal Information ("Voluntary Information").
D. Campayn may use or disclose User′s personally identifiable information to:
1. Operate and manage the web site;
2. Provide services or products that have been requested;
3. Respond to other inquires or requests.
E. Campayn will never sell User Information to any third party not affiliated with Campayn, without consent, except in connection with the sale or merger of Campayn or the division responsible for such Services provided.
F. Campayn may also use such information for marketing their Services to you ONLY IF you have not ′opted out′ to receive such marketing information from us.
G. When you choose to subscribe to a plan, either Emails and or Storage, on the Campayn website, User will be required to provide us with certain personal information, including your name, email address, credit card number, expiration date and billing address (this required information is subject to change from time to time). This information will be used to set account settings and preferences and to contact User in regard to any account changes, system alert messages, Campayn changes to the Terms of Use or Privacy Policy. This information may also be utilized to process User account payments and to contact User for feedback and surveys. By providing us with this information, User consents to this information being collected, used, disclosed and stored by us in accordance with this Policy.
H. When User uploads or creates an Email distribution list or puts together an Email Campaign, with Campayn, we will have access to the data on your distribution list and the information in your Email Campaign. Campayn will never, under any circumstances, steal your lists, or share your lists with any other party, except as required by law, or regarding contacting, except in response to a complaint or other communication directly from an individual on one of your lists. Only carefully selected, authorized personnel have access to view your Distribution Lists. Campayn does review the content of the Email Campaigns of our Users to verify compliance with our Terms of Use. This benefits our Users who are in compliance with our Terms of Use, because among other things, it reduces SPAM being sent through our servers, helping to ensure high deliverability.
I. All Users will have access to reports on their Email Campaigns. These reports can determine who has opened or not opened emails, or clicked on links. This, and all other tracking information available to our Users, is also available to us, and we may collect and review that information.
J. Campayn may, from time to time, send or post surveys or requests for User feedback in order to help us make our website and Services better. Any responses we receive from Users will be used only to evaluate our website and no personally identifiable information from Users will be shared with any non-employees of Campayn.
K. Campayn may, from time to time, send notices about special offers, promotions or contests. If you sign up to participate in any of these, we will collect your email address. If you are chosen for a promotion or as a winner in a contest, you give Campayn permission to use your name, image and other information about you, for marketing purposes.
IV. What Non-Personally Identifiable Information Do We Collect and How Is It Used?
A. Campayn does collect and track certain non-personally identifiable information, including, but not limited to, IP numbers and browser type, access times, domain names, usage habits and other information which does not specifically identify any individual.
B. Campayn may use and disclose non-personally-identifiable information for any number of reasons, including but not limited to, working with business partners and improving our website and Services.
C. Campayn only uses this data in the aggregate, on a collective basis, in summary form, rather than on an individual basis. This data helps us determine the extent to which our Users use certain parts of our website, which, in turn, enables us to make it as appealing as possible. Campayn may also share aggregate data of Users collective use of our website with other companies with which we do business. We do this so they, too, can improve functionality and offer services and materials that our Users may want.
V. Does Campayn Offer Forums and Community Feedback Areas?
Campayn encourages communication between our Users. Although we currently do not offer a Community Feedback Area, we may set one up in the future. This will allow Users to interact and share information. This will be especially nice for Users who wish to focus in on specific topics of interest.
VI. Can I Invite Friends & Business Associates?
All Campayn Users are encouraged to invite new Users to discover Campayn. We may even have future contests for most referrals.
VII. Do I Need A Username & Password To Access Products On The Campayn Website?
All Campayn User accounts require a Username and Password to log in to the website and utilize our Services. When User is done with using the website, they should "log out" in order to prevent someone from using their computer to access their account. User must keep their Username and Password secure and not disclose it to a third party.
VIII. Does Campayn Have A Newsletter?
A. We send email notifications and information to Users who have opted in. Those notifications may be, but not limited to, our exclusive Newsletter, information on new features, new content, other products and services. These communications are sent to you directly by Campayn.
B. In order to receive the emailed information you must have subscribed, via our website, or other sources, such as out mailing/client list. It is our intention to always allow you to opt out of any of our lists. When you receive any Newsletter or email and you want to unsubscribe, you can simply follow the "unsubscribe" link at the bottom.
IX. Does Campayn Use Cookies or Web Beacons?
A. Cookies are small text files that a website can write to your computer. The use of cookies and web beacons have become an industry standard used by most major websites, including Campayn. Campayn uses cookies to identify you and allow you to log in once to our website and purchase or search for Products, without having to log in again.
B. Cookies cannot be used to run programs or deliver viruses to your computer. User has the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.
C. Advertising messages displayed by third party advertisers may contain electronic images known as web beacons - sometimes called ′single-pixel gifs′ - in order to help compile aggregated statistics and determine the effectiveness of promotional campaigns. We prohibit web beacons in advertisements displayed on our website from being used by third parties to collect or access your personal information.
D. Finally, Campayn may work with other companies that advertise on our website, in order to place web beacons on their websites, in order to allow us to develop statistics on how often clicking on an advertisement from our website results in a purchase or other action on the advertiser′s website. In these ways, Campayn may compile information about what advertisements are seen and clicked by Users.
E. Our third-party partners may use cookies on the Campayn website or an external website. We have no access to or control over these cookies, hence, we will not be responsible for their use or misuse.
F. This Policy covers the use of cookies and web beacons by Campayn. It does not cover the use of cookies or web beacons by any other third party or advertiser.
X. Is My Information Private?
A. The Campayn website may contain links to other third-party websites and the external websites of our advertisers. Each of these websites may have a Privacy Policy that differs from that of Campayn. These Policies do not cover the privacy practices of other websites linked to us.
B. The only information that may be shared between Campayn and one of our partner websites is that which pertains to information used in the furtherance of tracking an order and providing User with correct information.
C. Notwithstanding the above policies, we reserve the right to disclose your personal information to other third parties, if we are required to do so by law or believe that such action is necessary:
1. To comply with legal process such as a search warrant, subpoena or court order;
2. To protect the Company′s rights and property;
3. To investigate reports of Users sending material using a false email address or Users sending harassing, threatening, or abusive messages;
4. To protect Campayn against misuse or unauthorized use of our website and/or Campayn Products.
PLEASE CHECK OUR "TERMS OF SERVICE" FOR ADDITIONAL DISCLOSURE REQUIREMENTS AND OTHER LEGAL REQUIREMENTS.
XI. What About Data Security?
A. Among Campayn′s top priorities, it′s to keep your Personal Information secure. We use 256-bit encryption and Secure Sockets Layer (SSL) technology, which provides the highest level of security currently available for secure transactions. This technology encrypts all of your Personal Information before it is transmitted to us. Encrypted information cannot be read or recorded as it travels over the Internet.
B. You can tell you are sending information securely by the unbroken key icon or closed lock icon that should appear at the bottom of your Internet browser′s window (depending on what browser you use). These icons will appear when you are placing an order on the Campayn website. In addition, you will see our site address change slightly, from "http:" to "https:", indicating a secure server connection is being used.
C. Additionally, access to your Personal Information is provided only to our employees and agents who have a need to know such information for the purpose of fulfilling your order and offering our high level of customer service. The computers that store your Personal Information employ the latest in firewall and security technology.
D. Campayn requires that our advertisers and partners ensure the security of the data that Users provide to them, however, in the event of a breach of their security measures, User agrees that Campayn will not be liable for any loss or damage to you.
E. Electronic Communications Privacy Act Notice (18USC 2701-2711): Campayn makes no guaranty of confidentiality or privacy of any communication or information transmitted on our website or any website linked to our website. Campayn will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on Campayn equipment, transmitted over networks accessed by the website or otherwise connected with User′s use of the website.
XII. May I See the Information You Collect About Me?
Yes! We provide Users with access to Personal Account information (e.g., account number, sales information, etc.), account status, contact information (i.e., name, address, telephone number, etc.) and other information that you may upload to your User Account Profile. User may access the information by logging into their account or by sending an email to Customer Support at Support@campayn.com. We will respond within 24 hours.
XIII. Can I Opt-out?
A. Campayn gives User the option to remove personally identifiable information from our list of active Users.
B. You may also choose to opt-out of certain communications from Campayn, such as our Newsletter.
C. All requests for opting-out from email contact should be made by sending an email to our Customer Service Department, at Support@campayn.com. We will respond within 24 hours.
D. Campayn is not responsible for removing your personally identifiable information from the lists of any third-party advertiser who has previously been provided your information in accordance with this Policy.
XIV. Where Is The WebSite Located?
The Campayn website is maintained in the Province of Ontario, Canada. If you are located outside of the Canada, by using our website, you authorize the export of personally identifiable information to the Canada and its storage and use as specified in these Policies.
XV. What Is The Minimum Age To Use The Campayn WebSite?
A. Use of the Campayn website intended for all ages. However, in order to set up an account and purchase Services, you must be of legal age, which is eighteen (18) years, in Canada. Under no circumstances will Campayn knowingly allow a person under the age of eighteen (18) years to set up a User account, even with a parents′ or legal guardian′s consent, approval or authorization.
B. If proof comes to the attention of Campayn that a registered User is under the age of eighteen (18) years, and is attempting to purchase, or has purchased Services, Campayn will immediately terminate such account
XVI. Will There Be Changes to this Privacy Policy?
A. As explained at the beginning of these Policies, Campayn reserves the right to amend these Policies at any time, in the event that this becomes necessary after their initial release, or in the event that it becomes necessary with respect to additional or amended services provided by Campayn.
B. Campayn will not personally notify User of any changes or amendments to these Policies.
Users are urged to check these Policies frequently, in order to determine whether any changes have been made. Users understand and agree that continued use of the Campayn website assumes that they have read and accepted these Policies, as may be changed or amended from time to time.
XVII. Section Titles
The section titles used in these Policies are purely for convenience and carry with them no legal or contractual effect.
XIX. What is the Effective Date of These Policies?
This Policy was last updated on April 2, 2012.
Our business name is Campayn, a subsidiary of Iterro, Inc. (hereafter, "Campayn"
or "Company"). We are the owner of our website, www.Campayn.com
(hereafter, "website").
It is vitally important that you read the Terms of Use (hereafter, "Terms") carefully, as
your use of our website will automatically constitute your agreement to be legally bound
by the Terms set out herein. These Terms also govern your use of the Services and
Products (hereafter, "Services"), provided through or in connection with our website.
Each time you use our Services, you acknowledge that you have read these Terms and
agree to be legally bound by them.
If you do not agree to be bound by these Terms, you may not use the web site or the
Services provided by Campayn.
The following words used in these Terms shall have the following meanings:
1. "Personal Information" shall mean all data and/or information provided by and
about User, including e-mail address, name, mailing address or payment information.
2. "Website" shall mean the website on which Campayn provides its Services.
3. "User" shall mean all Users of the Campayn website and its Services.
4. "Services" shall mean all Services provided by and through Campayn and it′s
website.
Users can access these Terms by clicking on the "Terms of Use" link that appears on
the Campayn website "Homepage" and by reading it on their computer monitor, printing
it out, downloading it and/or saving it at any time, even after the Terms have been
closed.
I. General
A. Campayn and our website, www.Campayn.com, have published these Terms as part of our overall effort to provide high quality, reliable services and products to our Users. We strive to protect your privacy and security of our systems and networks. We also encourage responsible use of our, and other ISPs′, resources, and to make sure that we are both in compliance with applicable laws.
B. These Terms describe the uses of the Campayn website. They also describe prohibited activities, which are contrary to our objectives and which are, therefore, not allowed. To achieve our objectives, Campayn may, in its sole discretion, determine whether a particular use of the Campayn website is a violation of these Terms. When we become aware of a violation of these Terms, we may take any action we deem appropriate to address the violation, as referenced below.
C. These Terms are being implemented for all Users of the Campayn website and Services. These Terms supplement, but do not supersede, any other contracts Users may have with Campayn; if such a contract restricts a use of the Campayn website that is not addressed in these Terms, the contract will govern with respect to such use.
D. OUR MISSION AND DESCRIPTION – Through our website, we plan on providing Users with access to a variety of resources, including download areas, communication services and related information. The Services, including any updates, enhancements, new features, and/or the addition of any new website properties, are subject to these Terms, as may be amended from time to time.
E. Campayn offers an Email Contact service available through the website. It allows you to create, send and manage Email campaigns ("Email") to a list of Email addresses. Campayn is a commercial Email division, owned and operated by Iterro Inc. ("Iterro").
F. USER ACCOUNT, PASSWORD AND SECURITY – If any of the Services on our website requires User to register, User must complete the registration process by providing Campayn with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and User name. After registering, you will receive an Activation Email that will contain a link to go to, in order to activate your Account. User is entirely responsible for maintaining the confidentiality of any password and account information.
G. User is entirely responsible for any and all activities that occur under the registered account. User agrees to notify Campayn immediately of any unauthorized use of their account or any other breach of security. Campayn will not be liable for any loss that may incur as a result of someone else utilizing User′s password or account, either with or without his or her knowledge. However, User could be held liable for losses incurred by Campayn or another party due to someone else using their account or password. User may not use anyone else's account at any time, without the written permission of the account holder.
H. User Benefits – User benefits are explained in more detail on our
website.
I. Campayn administers this website from our offices in Canada. We make no representation that our content or services are appropriate for everyone. If you choose to access our website, you do so on your own initiative and are responsible for compliance with applicable local laws.
II. Revisions to These Terms
From time to time, we will make changes to these Terms and we reserve the right to modify these Terms at any time. If we make any changes, we will provide a notice on our "Home Page", although such notice is not required. Regardless of whether we notify you, we urge you to check this page frequently for updates or changes, since your continuing use of the Campayn website and our Services is your explicit continuing acceptance of our Terms and any modifications thereto.
III. Obligations of User
A. Use of the Campayn website as described below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
1. Illegal/Criminal Activity – The Campayn website may not be used in connection with criminal or civil violations of state, provincial, federal, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds or personal information, such as Social Security/Social Insurance numbers, passwords, security credentials or other sensitive information; and threats of physical harm or harassment.
2. Security Violations – The Campayn website may not be used in connection with attempts–whether successful or not-to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.
Users are responsible for maintaining the basic security of their computer systems and to prevent their use by others in a manner that violates these Terms. Examples include: improperly securing a mail server so others can use it to distribute spam; improperly securing an FTP server so that it may be used by others to illegally distribute licensed software or media content. User is responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.
3. Threats – The Campayn website may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel or defamation.
4. Offensive Materials – The Campayn website may not be used for the distribution of offensive materials, including obscene, pornographic, indecent and hateful materials. Further, Users agree to adhere to the following requirements:
a. Comply with all laws, ordinances, statutes and applicable legislation and to respect all 3rd-party rights. In particular, User shall not:
i. Use or post any insulting or defamatory words, music, symbols, photographs or other similar content, regardless of whether said contents are directed at another User or Campayn personnel or other companies or individuals;
ii. Use or post any pornographic materials or any content that violates any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors;
iii. Unreasonably annoy (particularly with SPAM) any other User;
iv. Use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law;
v. Use, post or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, Ponzi schemes, illegal multi-level selling or pyramid sales).
vi. Engage in any of the following annoying actions, even if they do not constitute a breach of any applicable laws or ordinances:
1. Sending chain letters;
2. Sending identical messages to more than one (1) User at the same time;
3. Performing, posting, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi- level network marketing);
4. Communicating in any insinuating, discriminatory or sexually abusive way (suggestive, implicit or explicit).
b. You may not provide, post or otherwise distribute, User content that:
i. Contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
ii. Is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any 3rd-party, is unreasonably harmful or offensive to any individual or community;
iii. Violates any right of Campayn or any 3rd-party;
iv. Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law or moral standards;
v. Violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;
vi. Interferes with any User′s uninterrupted use of the Campayn website;
vii. Advertises, promotes or offers to trade any goods or services;
viii. Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;
ix. Disrupts, interferes with, or otherwise harms or violates the security of the Campayn website or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Campayn website;
x. "Flames" any individual or entity (e.g. sends repeated messages related to another User and/or makes derogatory or offensive comments about another User or individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY Campayn.
c. User is further prohibited from the following activities:
i. Employing any mechanisms, software or scripts when using the Campayn website. However, the User may use the interfaces or software provided by Campayn within the scope of the Services available on our website and in accordance with these Terms;
ii. Blocking, overwriting, modifying and copying of any content of the Campayn website. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of our website or Services, and is therefore prohibited;
iii. Distributing or publicly disclosing the contents of our website or any of their terms, without written permission from Campayn;
iv. Performing any actions that may impair the operability of the Campayn website infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software
5. SPAM – SPAM is an unacceptable use of the Campayn website. SPAM includes any of the following activities:
a. Posting a single message or messages similar in content, to more than five (5) online forums or newsgroups and posting messages to online forums or newsgroups that violate their rules.
b. Collecting responses from unsolicited email.
c. Sending any unsolicited email that could be expected, in Campayn′s opinion, to provoke complaints.
d. Sending email with charity requests, petitions for signatures, or any chainmail-related materials.
e. Sending bulk email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email.
NOTE: The inclusion of an opt-out clause does not necessarily legitimize sending unsolicited email.
f. Sending email that does not accurately identify the sender, the sender′s return address, and the email address of origin.
g. Using Campayn facilities to violate what could reasonably be considered a violation of another Internet Service Provider′s (ISP) acceptable use policy and/or Terms of Use.
6. Indirect Access – A violation of these Terms by someone having only indirect access to the Campayn website through a User, will be considered a violation, whether or not with User′s knowledge or consent.
7. In addition, these Terms apply to any email or content transmitted by User, or on your behalf, that uses a Campayn account as a mailbox for responses (either now or in the future) or promotes content, hosted or transmitted, using Campayn facilities or that indicates, in any way, that Campayn was involved in the transmission of such email or content.
B. The resale of Campayn Services is not permitted, unless expressly permitted by these Terms or in a separate written agreement.
C. Violations of these Terms may result in immediate suspension or termination of your account and our Services to you, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by Campayn, in its sole discretion.
D. When feasible, it is Campayn′s preference to give notice so that violations may be addressed voluntarily, however, we reserve the right to act without notice, when necessary, as determined by Campayn, in its sole discretion. Campayn may involve, and will cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of these Terms.
IV. Uses and Other Policies
A. When using our Services, Users warrant and represent that all of the data provided by them is accurate and complete. User shall report any modifications in the data to the Campayn website, immediately, upon any changes.
B. User may download or print a single copy of any portion of the content solely for personal, non-commercial use, provided they do not remove any trademark, copyright or other notice from such content.
C. User may not post, distribute or republish in any way, any portion of the Campayn website content to any Internet, Intranet or Extranet websites or incorporate the content in any database, compilation, archive or cache, except as expressly allowed in these Terms.
D. User may not distribute any of the Campayn website content to others, whether or not for payment or other consideration and may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the content except as expressly allowed in these Terms.
E. User may not copy any of the Campayn website content without written permission from us or as permitted by these Terms. User agrees not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Campayn website. User may not insert any code or product or manipulate the content of the Campayn website, in any way that affects the User experience, and further, may not use any data mining, data gathering or extraction method on the Campayn website.
F. Requests to use Campayn content for any purpose other than as permitted in these Terms shall be directed to Campayn at: Support@campayn.com.
G. Campayn shall not be liable for User interactions with any other Users, 3rd-parties, businesses and/or individuals found on the Campayn website or through the Services provided. This includes, but is not limited to, payment and delivery of Products, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between User and such 3rd-parties, businesses and/or individuals. User understands and agrees that Campayn is not responsible for any damage or loss incurred as a result of any such dealings. Campayn is under no obligation to become involved in disputes between Users of our website, or between Users on our website and any 3rd-party. In the event of a dispute, User agrees to release Campayn, its officers, employees, agents and successors in rights, from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our services. See additional General Disclaimers and Limitations of Liability located in paragraph V of these Terms.
H. You may use Campayn only to send Emails to individuals and entities that:
1. gave you written or electronic permission to send Emails to them, without subsequently withdrawing such permission and they either:
a. gave you the permission within the prior 12 months; or
b. received a promotional Email from you, which was not objected to, within the prior 12 months; or
c. gave you their name and Email address in connection with their purchase, or negotiations to purchase, a product or service from you, have not opted out from receiving your Emails, and either:
i. such sale or negotiations occurred within the previous 12 months; or
ii. you sent them a promotional Email, which was not objected to, within the prior 12 months.
I. You agree that you will not use any:
a. purchased lists from any third party; or
b. lists obtained from a Chamber of Commerce, association or other organization; or
c. lists scraped together from Internet websites.
J. You should only use Campayn to send Emails to people who specifically request Email from you, or otherwise meet the requirements above.
K. Campayn does what we can to keep our mail and address system clean and up-to-date, however, User agrees to pitch in, too. Campayn posts helpful information to the website as it becomes available, so please check back regularly.
L. According to research, there are some industries that generate higher than normal Email ′bounce′ rates and abuse complaints, which, in turn, jeopardize the deliverability of our entire system. Since we must ensure the highest delivery rates possible for all our Users, Campayn does not allow Users who offer these types of services, products, or content:
1. Illegal goods or services;
2. Escort and dating services;
3. Pharmaceutical products;
4. "Work-from-home", Internet Lead-generation, "Make-Money-Online" opportunities, etc.;
5. Online stock or investment trading, "day-trading" tips, or stock market related content;
6. Gambling services, products or gambling education;
7. Multi-level marketing (MLM);
8. Affiliate marketers;
9. Credit repair, credit counseling, "get-out-of-debt" content;
10. Mortgages and/or Loans;
11. Nutritional Supplements, Herbal Supplements or Vitamin Supplements;
12. Pornography or nudity in content;
13. Adult novelty items or references in content;
14. List brokers or List rental services; or
15. Marketing, or sending commercial Email, without proper permission.
M. Bandwidth Abuse. User may not use Campayn bandwidth for anything other than Campayn Emails. User agrees to the following:
1. User will only use Campayn hosting services for User Emails. If Campayn detects that User is using hosting services for anything other than Emails, Campayn has the right to delete or replace that content or suspend or terminate User′s account;
2. User shall not design an Email with Campayn services and then send it using some other delivery service or tool. Campayn can see when that happens. If User does that, Campayn may, and we reserve the right to, suspend or terminate User′s account, replace images in Emails, and/or redirect all hyperlinks to point to another location. If any of these prohibitions occur and Campayn replaces Email images, User agrees to any replacement images chosen by Campayn, even if User does not approve of such images;
3. Campayn reserves the right to review Emails. We, including our employees and independent contractors, are permitted to copy and transmit copies of the content from your Emails and account to develop algorithms, heuristics and computer programs ("Tools") to help us more efficiently spot problem accounts and to use such Tools, together with personal viewing by employees and or independent contractors, to uncover Users who violate either these Terms or applicable law.
V. General Disclaimers and Limitations of Liability
A. While Campayn uses reasonable efforts to include accurate and up-to-date information, Campayn specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the Campayn website, either now operating or created in the future. Campayn disclaims any responsibility or liability for the deletion, failure to store, miss-delivery, or untimely delivery of any information or material. Campayn disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Campayn website.
B. THE Campayn WEBSITE, AND ALL MATERIALS, INFORMATION, SERVICES AND PRODUCTS INCLUDED IN THE Campayn WEBSITE, ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. Campayn EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Campayn DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE Campayn WEBSITE. Campayn DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE Campayn WEBSITE. Campayn DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE Campayn WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE Campayn WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO THE Campayn WEBSITE.
C. USERS UNDERSTAND AND AGREE THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE Campayn WEBSITE AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
E. Campayn AND ITS WEBSITE ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd-PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER COMPUTER EQUIPMENT OR OTHER PROPERTY.
F. UNDER NO CIRCUMSTANCES SHALL Campayn BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF, OR RELIANCE ON, THE Campayn WEBSITE, ARISING FROM ANY CLAIM RELATING TO THESE TERMS OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND/OR PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Campayn HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE Campayn WEBSITE, FROM INABILITY TO USE THE Campayn WEBSITE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Campayn WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY 3RD-PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH THE Campayn WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE Campayn WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH THE Campayn WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE Campayn WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE Campayn WEBSITE OR ANY INFORMATION, SERVICE OR CONTENT THAT APPEARS ON OR IS LINKED OR RELATED IN ANY WAY TO THE Campayn WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
G. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY. PLEASE CHECK WITH YOUR JURISDICTION.
H. User may report the activities of any other User that violates applicable laws and/or any of the Terms stated herein (including the use of pseudonyms or fictitious names) by sending an email to Customer Service at Support@campayn.com.
I. Without limiting the foregoing, under no circumstances shall Campayn be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.
J. User represents and warrants that use of the Campayn website, and its Services and Products, will comply with ALL applicable laws and regulations. In addition if User is located in the European Economic Area (EEA) or sends Emails to a location in the EEA, User further represents and warrants that, in compiling an Email distribution list, or sending Emails via Campayn, and collecting information as a result of sending Emails:
1. User will clearly describe, and will continue to clearly describe, in writing, how User intends to use any data collected, including for sending future Emails, and making use of Campayn, and include an express consent to transfer the data to Campayn as part of this process, and otherwise comply with whatever privacy policy User has posted.
2. User represents and warrants that you have complied, and will comply, with all regulations, as well as all data protection, electronic communication, and privacy laws applicable to the countries in which User is sending any form of Email, via Campayn.
3. User represents and warrants that User has collected, stored, used and transferred all data relating to any individual, in accordance with all data protection laws and regulations of the country in which such individual resides, and further, that User has obtained all necessary consent to enable Campayn to receive and process that data and forward communications to that individual, on your behalf.
VI. Indemnity
User agrees to indemnify, defend and hold harmless Campayn, its website and each of its respective partners, vendors, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys′ fees and court costs) arising from or relating to any allegation regarding:
1. User′s use of the Campayn website;
2. Campayn′s use of any User content or information, as long as such use is not inconsistent with these Terms;
3. Information or material provided through User′s IP address, even if not posted by User; or
4. Any violation of these Terms by User.
VII. Errors
On occasion, a Service or Product offered by the Campayn website may not be available at the time or at the price listed. In such event, or in the event a Service or Product is listed at an incorrect price or with incorrect information, due to typographical error, technology error, error in the date or length of availability, or error in pricing, User agrees that Campayn is not responsible for such errors or discrepancies and that User′s only course of action is to contact Campayn for a refund or alternate Service.
VIII. Copyright
A. Campayn respects the intellectual property of others and requires that our Users do the same. We expect that no User will infringe on our trademark, as well as any of our copyrighted material and we will do whatever is necessary to protect all trademarks and copyrights.
B. The Campayn website contains copyrighted material, trademarks and other proprietary information, including, but not limited to text, software, photos, video, graphics, music and sound and the entire content of the website is copyrighted as a collective work under Canadian and International copyright laws. Campayn owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Campayn. Elements of the website are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
C. You represent and warrant to us that you will not add or upload any content to the Website (www.Campayn.com) to create an Email, or for any other purpose unless you are the owner of all proprietary rights in that content (or have been given a valid license from the owner of the proprietary rights in such content) and have obtained releases for all related privacy and publicity rights.
D. In accordance with Canadian and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email, to Support@campayn.com.
IX. Additional Terms
A. If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. User agrees to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favorably, when possible, to the benefit of Campayn.
B. These Terms and the contractual relationship it creates, shall be governed by the laws of the Province of Ontario, Canada, without giving effect to any principles of conflicts of laws.
X. Discontinuation of Service and Force Majeure
A. Campayn may modify, suspend, discontinue or restrict the use of any Service, product or portion of the Campayn website, including the availability of any portion of the content at any time, without notice or liability. Once terminated, we may remove any of your electronic newsletters or other Emails and related data and files from our website and any other storage.
B. Campayn may deny access to any User, at any time, and for any reason. In addition, Campayn may, at any time, transfer rights and obligations under these Terms to any current or future Campayn subsidiary or business unit, or any companies or divisions or any entity that acquires Campayn or any of its assets.
C. User acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of the Campayn, or any other, website. Campayn shall, nonetheless, endeavor to keep its website available without interruption. Events related to maintenance, security or capacity requirements and/or events beyond our control (e.g. disruptions in communication networks, power failures, equipment failure, etc.), may result in brief disruption or temporary interruption of the services provided.
XI. Data Protection
A. Campayn recognizes that any data provided by User to us is extremely important and we shall, therefore, be particularly sensitive in handling such data.
B. Users are advised that there are inherent security risks in transmitting data, such as emails or personal information, via the Internet, because it is impossible to safeguard completely against unauthorized access by 3rd-parties. Nevertheless, Campayn shall do what is reasonable to safeguard your data, subject to this cautionary limitation.
C. In particular, personal information will be transmitted via the Internet only if it does not infringe upon 3rd-party rights, unless the respective party has given prior consent in view of such security risks.
D. Accordingly, Campayn shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part.
PLEASE SEE OUR PRIVACY POLICY, STATED SEPARATELY, ON THE Campayn WEBSITE.
XII. Right To Content Use
A. All information, content, services and software displayed on, transmitted through or used in connection with, the Campayn website, including for example, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like, as well as its selection and arrangement, is owned by Campayn.
B. Prohibited uses do not include any other use that Campayn expressly authorizes in writing.
C. Content on the Campayn website includes content that we create. All materials published on our website, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our web site, in whole or in part.
D. Campayn does not guarantee the accuracy, integrity or quality of the posted content on our website and User may not rely on any of this content.
E. UNSOLICITED IDEA SUBMISSION POLICY – Campayn AND ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND US ANY ORIGINAL SAMPLES, DEMOS OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDING OR DISPUTES WHEN Campayn'S SERVICES OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO US BY OTHERS. WE ASK THAT YOU DO NOT SEND YOUR UNSOLICITED IDEAS TO Campayn OR ANYONE AT Campayn. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT Campayn MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
XIII. Statute of Limitations
User agrees to file any claim regarding any aspect of this web site or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or you agree to waive such claim. User also agrees that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than the Province of Ontario courts.
XIV. Section Titles
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
XV. Entire Agreement; Severability; Survivability
A. These Terms, our Privacy Policy (located elsewhere on the Campayn website), embody the entire agreements and understandings of the parties, and supersede all prior agreements, representations and understandings.
B. The ownership and proprietary rights provisions set forth in these Terms, and any other provisions that, by their sense and context, the parties intend to have survive, shall survive the termination of these Terms, for any reason.
C. The unenforceability or invalidity of any provision of these Terms shall not affect the validity or enforceability of any remaining provisions, but such remaining provisions shall be interpreted and construed in such a manner as to carry out, fully, the intention of the parties.
XVI. Incident Reporting
Any complaints regarding violations of these Terms by a Campayn User should be directed to Customer Service at Support@campayn.com. Where possible, include details that would assist Campayn in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
XVII. Contact Information
Please contact Campayn Customer Support by sending an email to Support@campayn.com.
XVIII. Effective Date
THESE TERMS AND CONDITIONS OF USE WERE LAST UPDATED AND BECAME EFFECTIVE ON APRIL 2, 2012.