Introduction
By using MassPublisher.com you accept and agree to be bound by the following terms and conditions (the 'Terms of Use'). Where applicable under law, these Terms constitute a 'writing signed by you.'
Changes to MassPublisher.com and the Terms of Use
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and we may send registered users an email notifying you of the change. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USING THE MassPublisher SERVICE. YOUR CONTINUED USE OF THE MassPublisher SERVICE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE OR RECEIVING OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
Eligibility and Registration
You should provide true, accurate and complete registration information to be a MassPublisher.com member ('Member'). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, is generated by a "bot" or other automated means, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Member Conduct and Appropriate Content
You may not use MassPublisher.com for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on MassPublisher.com Service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Use. Further, under no circumstances does MassPublisher have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of MassPublisher.com.
CONDITIONS FOR USE
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through MassPublisher.com. By way of example, and not as a limitation, you agree NOT to:
Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members.
Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by MassPublisher.com.
Create a false or misleading identity of, including, but not limited to, a MassPublisher employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Use MassPublisher.com Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
Attempt to gain unauthorized access to MassPublisher.com, other accounts, computer systems or networks connected to MassPublisher.com, through password mining, phishing, or any other means.
Modify, adapt, translate, or reverse engineer any portion of MassPublisher.com.
Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
Remove any copyright, trademark or other proprietary rights notices contained in or on MassPublisher.com.
Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
Interfere with another Member's use and enjoyment of MassPublisher.com.
Harvest or collect email addresses or other contact information of Members, including usernames, from MassPublisher.com website by electronic or other means.
Proprietary Rights
MassPublisher does not claim any ownership rights in any Materials that you submit, post, or display on or through MassPublisher.com or on the MassPublisher.com website. After submitting, posting or displaying Materials on or through MassPublisher.com or on the MassPublisher.com website, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose.
By submitting, posting or displaying any Materials on or through MassPublisher.com, you hereby grant to MassPublisher a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials on and through MassPublisher.com or on and through partner and affiliated websites to which your content may be distributed if and as selected by you or in accordance with the normal operation of MassPublisher.com.
Without this license, MassPublisher would be unable to provide MassPublisher.com. For example, without the right to modify your Materials, MassPublisher would not be able to digitally compress music files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, MassPublisher could not allow users and Members to listen to music posted by Members. The license you grant to MassPublisher is non-exclusive (meaning you are free to license your Materials to anyone else in addition to MassPublisher), fully-paid and royalty-free (meaning that MassPublisher is not required to pay you for the use on MassPublisher.com of the Materials that you post), sub licensable (so that MassPublisher is able to use its affiliates and subcontractors such as Internet and WAP content delivery networks to provide MassPublisher.com), and worldwide (because the Internet and MassPublisher.com are global in reach). This license will terminate at the time you remove your Materials from MassPublisher.com, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials; provided, however if you remove any of the Materials from MassPublisher.com, MassPublisher reserves the right to remove all of your Materials from other Member's pages. You represent and warrant that: (i) you own the Materials posted by you on or through MassPublisher.com or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through MassPublisher.com does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through MassPublisher.com.
MassPublisher.com has no responsibility of any kind whatsoever regarding the use, application or performance of your content on any third-party site or system, regardless of whether that content was acquired using or from MassPublisher.com. Specifically but not inclusively, MassPublisher will make commercially reasonable efforts to ensure information submitted through our system is submitted to the proper categories on partner sites, but MassPublisher does not guarantee categorization. MassPublisher also does not guarantee any particular placement or position on partner sites.
SWIMBO, Inc. and its affiliates and licensors own and retain all rights in the MassPublisher.com website and MassPublisher.com, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of MassPublisher.com by MassPublisher.com. Except as expressly authorized by MassPublisher.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of MassPublisher.com's or SWIMBO, Inc.'s proprietary information.
Trademarks
'MassPublisher', 'MassPublisher.com' and 'SWIMBO' are trademarks of SWIMBO, Inc. Other marks may be listed on our Trademarks page.
Privacy Policy
We take your privacy very seriously. Collection and use of personal information is governed by our Privacy Policy.
Copyright Policy
We also take copyrights very seriously. Display and use of all information is governed by our Copyright Policy.
Termination of MassPublisher.com
These Terms of Use will apply to your use of MassPublisher.com. At any time, you can terminate your account, which will remove your profile and other personal information from view. To cancel your account click here. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use MassPublisher.com. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
MassPublisher may also, in its sole discretion and at any time, discontinue temporarily or permanently providing MassPublisher.com, or any part thereof, with or without notice. You agree that any termination of access to MassPublisher.com under any provision of the Terms of Use may be effected without notice, and acknowledge and agree that MassPublisher may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or MassPublisher.com. Where possible, MassPublisher will use reasonable efforts to give Members fair notice of termination or suspension of their access to MassPublisher.com. Further you agree that MassPublisher shall not be liable to you or any third party for any termination or suspension of access to MassPublisher.com or modification of MassPublisher.com.
Payment, Refunds and Membership Changes
For all paid accounts:
You will provide MassPublisher with a valid, legal credit card for which you are an authorized user unless other payment conditions are mutually agreed to in advance.
You understand and agree that periodic membership fees (monthly, quarterly or yearly) will be charged to this credit card. Payment is due and will be charged in advance of each billing period.
Upgrades, renewals and downgrades of memberships terminate the prior plan and result in a new plan. Billing for the first period of the new plan occurs immediately upon plan changes. There will be no credits for unused portions of prior memberships or for upgrades or downgrades unless explicitly offered as part of the transaction or promotion.
All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Downgrading your membership may result in the loss of content, media, feeds, widgets, features, services or other capacities of your account. MassPublisher is not in any way responsible for the direct or indirect consequences of these losses.
Membership and other prices for all services are subject to change upon 30 days notice from MassPublisher.com. This notification may be provided at any time by way of the My MassPublisher section and/or other Dashboard sections of MassPublisher.com.
Disclaimer of Warranties
SWIMBO, Inc. and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents ('MassPublisher') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or Materials displayed on MassPublisher.com.
MassPublisher further expressly disclaims (1) that MassPublisher.com will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that MassPublisher.com or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of MassPublisher.com or the content made available as part of MassPublisher.com will be correct, accurate, timely, or otherwise reliable.
MassPublisher expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of MassPublisher.com input by other Members is correct or accurate.
MassPublisher, ON BEHALF OF ITSELF, AND ITS LICENSEES, PROVIDES THE MassPublisher SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE MassPublisher SERVICES), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. MassPublisher 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, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE MassPublisher SERVICE IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at MassPublisher's request defend, MassPublisher, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on MassPublisher.com, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, MassPublisher will provide you with written notice of such claim, suit or action.
Limitation of Liability
YOUR USE OF THE MassPublisher SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL MassPublisher, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE MassPublisher SERVICE, WHETHER OR NOT MassPublisher HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE MassPublisher SERVICE, FROM INABILITY TO USE THE MassPublisher SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE MassPublisher SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE MassPublisher SERVICE OR ANY PART OF THE MassPublisher SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MassPublisher SERVICE AND ITS RELATED WEBSITE. UNDER NO CIRCUMSTANCES SHALL MassPublisher BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES (INCLUDING, IN THE UNITED KINGDOM, IN RESPECT OF (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF MassPublisher OR (II) THE TORT OF DECEIT OR FRAUDULENT MISREPRESENTATION), SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU IN SO FAR AS SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PERMITTED.
Notices
MassPublisher may provide you with notices regarding MassPublisher.com or these Terms of MassPublisher.com by regular mail, email, or postings to this website.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of MassPublisher.com.
Miscellaneous
These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of San Diego, California. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. You shall not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Each of MassPublisher's affiliates are express and intended third party beneficiaries of these Terms of Use and may enforce any of its terms and exercise any of the rights to the same extent as MassPublisher.
Without limiting the foregoing, under no circumstances shall MassPublisher 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 third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Use constitute the entire agreement between you and MassPublisher with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use by a party will be effective only if in writing and signed by a party.
- Terms of Use Version 1.0 (June 5, 2008)
Other Legal Questions
Please send other legal questions to MassPublisher using the Feedback Form.
