1. USE – You may use EDMdesigner Editor to create custom, responsive email templates. You may not use the EDMdesigner Editor for any other purpose without EDMdesigner.com’s prior written consent. You may use EDMdesigner Editor only for legal purposes.
Especially you undertake that you do not use the EDMdesigner Editor in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, unsolicited mass distribution of email („spam”), multi-level marketing proposals, hate materials, hacking/surveillance/interception/descrambling equipment, libelous, defamatory, obscene, pornographic, abusive or otherwise offensive content, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, gambling, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, weapons and accessories.
When using the free of charge version of EDMdesigner Editor, you have to keep the promotional banner in the email templates.
2. PROPRIETARY RIGHTS – The EDMdesigner Editor and all intellectual property rights in and to the API are and shall at all times remain the sole and exclusive property of EDMdesigner.com and are protected by applicable intellectual property laws and treaties.
3. OTHER RESTRICTIONS – You may not (i) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile, modify or alter any part of EDMdesigner Editor; (ii) publish or otherwise disclose information relating to performance or quality of the EDMdesigner Editor to any third party.
4. WARRANTY DISCLAIMER – THE EDMDESIGNER EDITOR IS PROVIDED „AS IS” WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, EDMDESIGNER.COM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE EDMDESIGNER EDITOR, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, EDMDESIGNER.COM DISCLAIMS ANY WARRANTY THAT YOUR USE OF EDMDESIGNER EDITOR WILL BE UNINTERRUPTED OR ERROR FREE.
EDMdesigner.com agrees to support you only if you have reported valid EDMdesigner Editor discrepancies. You understand that EDMdesigner.com is able to provide support to you only if you provide EDMdesigner.com a detailed description of the discrepancy, browser and operating system information, and screenshots and/or videos.
EDMdesigner.com does not undertake to provide you or any of your customers with ongoing support such as business consulting or other professional internet services including, but not limited to email design, email templates, web design, XHTML, HTML, CSS, CGI, or any other form of web development services. EDMdesigner.com offers such services only for users choosing the “Gold” plan.
You undertake to notify EDMdesigner.com of all problems and ideas for enhancements which come to your attention during the period of use. You hereby assign to EDMdesigner.com all right, title and interest to such enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
You agree that EDMdesigner.com may use material, statistics, and information that is not deemed confidential to your business for use in press releases, customer testimonials, and as a reference in marketing and sales initiatives by EDMdesigner.com.
6. LIABILITY LIMITATION – EXCEPT PRESCRIBED BY APPLICABLE LAWS, IN NO EVENT WILL EDMDESIGNER.COM, BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE EDMDESIGNER EDITOR, EVEN IF EDMDESIGNER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.
7. INDEMNITY – You agree that EDMdesigner.com shall have no liability whatsoever for any use you make of the EDMdesigner Editor. You shall indemnify and hold harmless EDMdesigner.com from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys’ fees) arising from your use of the EDMdesigner Editor.
8. TERMINATION BY YOU – (i) When using the free of charge version of EDMdesginer Editor, your may terminate usage at any time. (ii) When using the non-free of charge version of EDMdesginer Editor, you may terminate usage by the end of the prepaid time period. No funds shall be repaid to you by EDMdesginer.com.
9. DOWNTIME AND SERVICE SUSPENSIONS – You acknowledges that: (a) access to and use of the EDMdesginer Editor may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the EDMdesginer Editor for any reason, including as a result of power outages, system failures or other interruptions; and (b) EDMdesigner.com shall also be entitled, without any liability to you, to suspend access to any portion or all of the EDMdesginer Editor at any time, on a service-wide basis for (i) scheduled downtime to permit EDMdesigner.com to conduct maintenance or make modifications to any service; or (ii) in the event of a virus attack, other attack on the EDMdesginer Editor, or in an event that we determine, in EDMdesigner.com’s sole discretion, may create a risk to the applicable service, to you or to any of your customers if the service were not suspended; or (iii) in the event that EDMdesigner.com determines that any service is prohibited by law or EDMdesigner.com otherwise determines that it is necessary or prudent to do so for legal or regulatory reasons (hereinafter together: Service Suspensions). EDMdesigner.com shall have no liability whatsoever for any damages, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension. To the extent EDMdesigner.com is able, EDMdesigner.com will endeavor to provide you with a notice on the website of any Service Suspension but shall have no liability for the manner in which EDMdesigner.com may do so or if EDMdesigner.com fails to do so.
10. PAYMENT TERMS
When using the paid version of EDMdesigner Editor, you have to make payments in advance for the next time period of usage (prepaid services).
You can pay only through PayPal.
You will have access to paid version of EDMdesigner Editor, only after EDMdesigner.com has received your payment.
EDMdesigner.com may make any changes to prices at any time, but such changes shall not be applicable to any time period prepaid by you.
11.2 You may not interfere or attempt to interfere in any manner with the functionality or web services provided through the EDMdesigner Editor.
11.3 You may not compile or use EDMdesigner Editor for the purpose of spamming, unsolicited contacting of sellers or customers, or other impermissible advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations.
12. SECURITY – EDMdesigner.com shall strive to keep your content secure, but cannot guarantee that EDMdesigner.com will be successful at doing so, given the nature of the internet. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your content and internet applications. EDMdesigner.com strongly encourages you, where available and appropriate, to (a) use encryption technology to protect content from unauthorized access, (b) routinely archive content, and (c) keep your applications or software that you use or run with the EDMdesigner Editor current with the latest security patches and updates. EDMdesigner.com will have no liability to you for any unauthorized access or use, corruption, deletion, destruction or loss of any of your content or applications.
14.1 EDMdesigner.com may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the EDMdesigner Editor. EDMdesigner.com reserves the right at all times to disclose any information that EDMdesigner.com deems necessary to comply with any applicable law, regulation, legal process or governmental request. EDMdesigner.com also may disclose your information when EDMdesigner.com determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
14.4 You agree that EDMdesigner.com may, in its sole discretion and without prior notice, terminate your access to the EDMdesigner Editor, for cause, which includes but is not limited to (i) requests by law enforcement or other government agencies, (ii) a request by you (self-initiated account deletions), (iii) discontinuance or material modification of the Service, or (iv) unexpected technical issues or problems.
15.2 Waiver – No failure or delay by EDMdesigner.com in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or future exercise thereof or the exercise of any other right, power or privilege hereunder.