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| Vanilla
Connect is email-marketing software designed,
developed, maintained, & supported by Treselle
Systems, Inc in San Jose, CA, USA and its
subsidiaries in India. |
| From
here onwards, Vanilla Connect will refer to
all the technology, design, supporting tools,
documentation, service, look & feel of Treselle
Systems' Vanilla Connect, an email marketing
software application. Treselle Systems will
refer to Treselle Systems, Inc and all its
subsidiaries. |
| Read
the following Terms & Conditions as well as
our Anti-Spam Policy carefully before you
use Treselle Systems' Vanilla Connect email
marketing software application. By selecting
the checkbox labeled, "I have read and I agree
to the License Agreement, Terms, Conditions,
& Anti-Spam policy," and by using Vanilla
Connect, you acknowledge that you have read
the below agreement, understand the contents,
and will be bound by its terms. If you do
not agree to the License Agreement, Terms,
Conditions, and Anti-Spam policy, please discontinue
using Vanilla Connect and exit the software.
|
| I.
License Agreement: |
| Please
read this License Agreement before you start
using Vanilla Connect email marketing software
application by Treselle Systems, Inc. |
| Rights
& Ownership: |
| Treselle
Systems, Inc. grants you a non-exclusive,
nontransferable license to create an account
for and use Vanilla Connect email marketing
software for your organization in accordance
with the terms of this Agreement. Vanilla
Connect shall remain the sole and exclusive
property of Treselle Systems, Inc, and is
copyrighted and licensed, not sold. Vanilla
Connect is protected by United States Copyright
and Trade Secret Laws as well as by international
treaty provisions. |
| Treselle
Systems, Inc reserves the right to change
this License Agreement, and any additional
Terms at anytime, effective upon making the
modified provisions available on Treselle
Systems, Inc web site at www.treselle.com.
You are responsible for regularly reviewing
these terms and conditions. Treselle Systems,
Inc does not and will not assume any obligation
to notify you of any changes to the Terms
of use. |
| Restrictions
& Limitations: |
You
agree not to:
- Copy, Modify, or Merge, or Change Vanilla
Connect in any way different from its
intended use as described in this agreement.
- Rent, Lease, Sublicense, Publish, Distribute,
Display, Disclose, Reverse engineer, Translate,
or create derivative works based on Vanilla
Connect, in whole or in part, to any other
person or entity
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| You
acknowledge that upon your breach of the above
restrictions and limitations, Treselle Systems,
Inc shall be entitled to equitable relief
to protect its interests, including preliminary
and permanent injunctive relief and you further
agree to waive any right or claim to which
you may be entitled to immunity or exemption
from liability. Treselle Systems, Inc may
also seek damages because of such breach. |
| II.
Terms & Conditions: |
| This
Agreement is effective from the date you create
an account on Vanilla Connect and shall continue
for an indefinite period of time unless or
until the account is terminated either by
you or by Treselle Systems, Inc. Treselle
Systems, Inc reserves the right to refuse
service or terminate client accounts and to
change eligibility requirements at any time,
in its sole discretion. Treselle Systems,
Inc may terminate your Agreement immediately
if: |
- You fail to comply with the terms of
this Agreement
- You engage in any activities that are
deemed to be violating our Anti-Spam Policy.
- Vanilla Connect or Treselle Systems,
Inc receives spam complaints or other
related issues regarding your mailings
- You are not at least 18 years of age
and can form legally binding contracts
under applicable law
- You provide incorrect or false contact
information
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| If
your account is terminated for any of the
above reason, you agree to reimburse Treselle
Systems, Inc for any fees incurred by Treselle
Systems, Inc in collecting your payment, such
as, but not limited to, bad check processing
fees, credit card chargeback fees, and attorney
fees. |
| III.
Anti-Spam Policy: |
| We
strongly believe in and advocate our clients
to use permission-based email marketing practices.
We also strongly encourage you to read FTC's
CAN-SPAM law here. You agree that you will
not use Vanilla Connect to engage in any activity
that involves sending: |
- Emails that violate the FTC's CAN-SPAM
Law
- Unsolicited email messages to email
addresses obtained from any purchased,
rented, or harvested email lists in which
the recipient did not expressly request
to receive your email messages.
- Email messages that contain or link
to pornographic or sexually explicit content.
- Email messages that harass, embarrass,
defame, abuse, threaten, are libelous
or slanderous, or otherwise violate the
legal rights of any individual, group,
or organization.
- Email messages that contain or link
to racially or ethnically objectionable
content
- Email messages that contain content
that directly or indirectly promote the
use of any illegal substances.
- Email messages that contains a computer
virus or code or files that could damage,
harm, or disrupt the operation of any
individual or organization's computer
or server or storage device.
- Email messages to promote activities
such as starting or forwarding chain letters,
illegal contests or promotions, or any
other activity that is illegal.
- Email messages that impersonate or misrepresent
any individual, group, or organization.
- Email messages that violate any applicable
governmental laws or regulations or perform
any activity that would cause Vanilla
Connect or Treselle Systems, Inc or its
subsidiaries to violate any law, statute
or regulation.
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| IV.
Disclaimer: |
| Vanilla
Connect is provided "As Is" and "As Available"
without any warranty or representations of
any kind, whether expressed or implied. To
the maximum extent permitted by law, Vanilla
Connect disclaims all other warranties of
any kind, either expressed or implied, including,
without limitation, implied warranties of
merchantability and fitness for a particular
purpose. Vanilla Connect does not warrant
that the functions contained in Vanilla Connect
will meet any requirements or needs you may
have, or that Vanilla connect will operate
error free, or in an uninterrupted fashion,
or that any defects or errors in Vanilla Connect
will be corrected, or that Vanilla Connect
is compatible with any particular technology. |
| In
no event will Vanilla Connect or Treselle
Systems, Inc be liable to you or any third
party for any incidental or consequential
damages including, without limitation, indirect,
special, punitive, or exemplary damages, arising
out of the use of or inability to use Vanilla
Connect, or for any claim by any other party,
even if Vanilla Connect has been advised of
the possibility of such damages. |
| No
Oral advice or written information, whether
electronic or on paper, given by Treselle
Systems, Inc or any of its affiliates, subsidiaries,
employees, officers, directors, agents, or
the like shall create a warranty. |
| V.
Indemnification: |
| You,
at your own expense, will indemnify, defend
and hold harmless Treselle Systems, its affiliates,
subsidiaries, and their employees, representatives,
agents and affiliates, against any claim,
suit, action, or other proceeding brought
against Treselle Systems or an Affiliate based
on or arising from a claim that any content
or material you or your organization distributed
using Vanilla Connect or any use of Vanilla
Connect by you or your organization that violates
any of the Restrictions or Terms, such as
violation of the Privacy Policy or using Vanilla
Connect to send Spam, as set forth in this
Agreement infringes in any manner any Intellectual
Property Right of any third party or contains
any material or information that is obscene,
defamatory, libelous, slanderous, that violates
any person's right of publicity, privacy or
personality, or has otherwise resulted in
any tort, injury, damage or harm to any person;
provided, however, that in any such case:
(i) Treselle Systems provides you with prompt
notice of any such claim; (ii) Treselle Systems
permits you to assume and control the defense
of such action, with counsel chosen by you
(who shall be reasonably acceptable to Treselle
Systems); and (iii) you do not enter into
any settlement or compromise of any such claim
without Treselle Systems' prior written consent,
which consent shall not be unreasonably withheld.
You agree to pay any and all costs, damages,
and expenses, including, but not limited to,
reasonable attorneys' fees and costs awarded
against or otherwise incurred by Treselle
Systems or its subsidiaries or an Affiliate
in connection with or arising from any such
claim, suit, action or proceeding. It is understood
and agreed that Treselle Systems does not
intend and will not be required to edit or
review for accuracy or appropriateness any
content or material that you or organization
distribute using Vanilla Connect. |
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