This Terms of Service is effective February 1, 2012. | Last modified: January 15, 2013
Welcome to NewsletterDirectory!
Thanks for using our products and services (“Services”). The Services are provided by LaunchBit Inc. (“LaunchBit”), located at 547 Sullivan Drive; Mountain View, CA 94041, United States.
By using our Services, you are agreeing to these terms. Please read them carefully. By selecting the correct box at the end of this Agreement and typing “I Agree” or otherwise signifying your acceptance, you accept this Agreement either for yourself or on behalf of your employer or the entity that is identified as the account holder, and agree to be bound by its provisions. If you are accepting on behalf of your employer or the entity that is the account holder, you represent and warrant that you have full legal authority to bind your employer or such other entity. If you do not have such authority or you do not accept or agree with these terms, do not accept this Agreement.
Using our Services
You must follow the policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. We also consider any activity that attempts to thwart or circumvent the recordation by us of only legitimate clicks by legitimate customers of yours to be Click Fraud. You agree not to participate, (directly or indirectly), engage (directly or indirectly) in or encourage in any way Click Fraud. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. You agree that all ad impressions, and therefore legitimate clicks, will be from sent emails.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Service integrates advertisements (“Ad Content”) from a third party, with content you provide (“Your Content”). We will integrate Ad Content selected by us in our sole discretion with Your Content, based upon criterion you provided, and the advertiser provided, if you authorize us. If you authorize us to integrate the Ad Content with Your Content, you agree not to challenge or dispute the manner of the integration and will rely on our sole judgment. Alternatively, you may choose to determine the manner of integration of the Ad Content with Your Content. The Ad Content is the sole responsibility of the entity that makes it available. We may review Your Content to determine whether it is illegal or violates our policies, and we may refuse to offer Ad Content to be integrated therewith, if we reasonably believe that it violates our policies or the law. But that does not necessarily mean that we review Your Content, so please don’t assume that we do. Similarly, we do not necessarily review all Ad Content, so please do not expect us to have reviewed all Ad Content that is offered.
We will pay you an amount equal to the agreed to metric, such as CPC or CPM, and the price therefor, times the number of ads recorded by LaunchBit based upon the agreed to metric. In the event we detect Click Fraud, we reserve the right to unilaterally reduce the payment to you to account for Click Fraud.
Alternatively, if you and the advertiser, using our platform, reach agreement on the amount due for a particular advertisement campaign, you will be paid the agreed to amount less a certain percentage, which you agree with us, of the amount for the use of the platform by you and the advertiser.
We have a Net 15 policy, which means we will pay you before the 15th of the month following the distribution of your publication with the Ad Content, via PayPal or other agreed to financial clearinghouse instruments, provided that you submit to us the necessary filled out government forms, such as W-9 or W-8BEN. We also require that in order to receive payment, you must subscribe firstname.lastname@example.org to your mailing list. Or, let us know in writing how we can subscribe ourselves to your emails.
You will need either a NewsletterDirectory Account or an account with our distributor (“collectively: “Your Account”) in order to use our Services. You may create Your Account, or Your Account may be assigned to you by an administrator, such as your employer. If you are using a Your Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
You hereby grant LaunchBit the right to access Your Account and to access all information in Your Account including but not limited to identity of your customers (“Customers”) (including their personal information such as email address and profile) (“Customers Info”), and statistics regarding the Customers, including but not limited to open rates, click through rates etc. We may request that you include a cookie or similar tracker in Your Content to collect such Customer Info from your Customer. You grant LaunchBit the right to compile any and all additional information (”Additional Info”) either by itself or from third party sources regarding Customers, in order to to create a better Service. We will not store any of the Customer Info accessed from Your Account. However, we may store the (“Additional Info”) in an anonymized manner. By using our Services (which includes our products), you also grant LaunchBit an API key with the right to access your data to add your data to webpages on our website. These webpages will be used for the sole purpose of displaying your analytics information to you, and you have the option to share them at your discretion.
We rely on you to have all necessary rights from your Customers regarding the Customer Info including the installation of cookies or other similar devices and our right to access that information and to compile the Additional Info. Make sure you have all the necessary rights and permissions to grant us this right. You agree to defend, indemnify and hold LaunchBit, its parent, subsidiaries and affiliates and respective directors, officers and employees, its suppliers and distributors, from all damages, liabilities and expenses (including reasonable outside legal fees), arising out of or connected with any actual or threatened lawsuit, claim or legal proceeding based upon any claim that is a breach of the rights granted herein.
Your Content in our Services
Our Services allow the embedding of Ad Content in Your Content. You retain ownership of any intellectual property rights that you hold in Your Content. In short, what you created and belongs to you stays yours. You do not have the right, however, to change the Ad Content.
When you upload or otherwise submit Your Content to our Services, you give LaunchBit (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that Your Content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. You also agree that LaunchBit may use your trademark or logo on its website or other public locations, for the limited purpose of providing notice to its advertisers of the availability of publishers to have ads inserted in their publications, and a general description of the genre of Your Content, as well as the number of Customers who receive Your Content, on a periodic basis. The information regarding the number of Customers who receive Your Content, on a periodic basis will be available to only those advertisers who have expressed an interest in embedding Ad Content in Your Content. You also grant LaunchBit the right to disclose to advertisers, on a commercially necessary and reasonable basis, other commercial metrics, including but not limited to open rate and click through rate, regarding your publication.
We rely on you to have all necessary rights to Your Content that you give LaunchBit the worldwide license described above. Make sure you have the necessary rights to grant us this license for Your Content that you submit to our Services. You agree to defend, indemnify and hold LaunchBit, its parent, subsidiaries and affiliates and respective directors, officers and employees, its suppliers and distributors, from all damages, liabilities and expenses (including reasonable outside legal fees), arising out of or connected with any actual or threatened lawsuit, claim or legal proceeding based upon any claim that is a breach of the license granted herein.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether
You can stop using our Services at any time, although we’ll be sorry to see you go. LaunchBit may also stop providing Services to you, or add or create new limits to our Services at any time.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER LAUNCHBIT NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE EXCLUDE ALL WARRANTIES. LAUNCHBIT DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE IS WITH YOU.
Liability for our Services
WHEN PERMITTED BY LAW, LAUNCHBIT, AND LAUNCHBIT’S SUPPLIERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LAUNCHBIT, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT WE PAID YOU TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, LAUNCHBIT, AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify LaunchBit and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than ten (10) days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between LaunchBit and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and LaunchBit consent to personal jurisdiction in those courts.
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