2. Services and Support
2.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.
2.3 You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and files.
3. Free Trial, Fees and Payment
3.2 You are responsible for reviewing the fees for use of the LiveWire Campaign software service from time to time and remaining aware of the fees charged by Gencia for use of the system. The fees are subject to change at any time at Gencia’s discretion. Gencia will attempt to notify you via email prior to the effectiveness of any change to the fees.
3.3 Payment for Services will be made by invoice if a valid credit agreement is in place or by a valid credit card accepted by Gencia. Fees are payable in Sterling. If Gencia is for any reason unable to effect payment via your credit card, Gencia will attempt to notify you via email and your LiveWire Campaign account will be disabled until payment is received. Amounts paid for the Services are not refundable.
3.4 You acknowledge and agree that you are responsible for paying Fees for all email messages sent through LiveWire Campaign, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party.
4. Email, Image Hosting & Permission Practices
4.2 You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact LiveWire Campaign at firstname.lastname@example.org if you have questions).
4.3 If you have used the LiveWire Campaign feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient.
4.4 You cannot mail to distribution lists, newsgroups, or spam email addresses. You cannot copy a LiveWire Campaign template or any other features or functionality from the Services and use them for any purpose other than sending emails from the Service.
4.5 You are responsible for monitoring, correcting, processing unsubscribe requests within 10 days, and updating the email addresses to which messages are sent through your LiveWire Campaign account.
4.6 Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, LiveWire Campaign cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. LiveWire Campaign, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
4.7 Images hosted by LiveWire Campaign may only be used in connection with the Service and for no other purpose whatsoever.
4.8 You are responsible for complying at all times with the LiveWire Campaign Prohibited Content and Commerce Policy.
4.9 LiveWire Campaign, at its own discretion, may immediately disable your access without refund to the Services if LiveWire Campaign believes in its sole discretion that you have violated any of the email and permission practices listed above, or the LiveWire Campaign Prohibited Content and Commerce Policy.
5. Restrictions and Responsibilities
5.2 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ('Software'); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
Unless you are an authorised LiveWire Campaign Reseller, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software, or any content, including but not limited to newsletters, distributed to you by LiveWire Campaign in connection with the Services. Violation of these restrictions may result in the termination of this Agreement.
5.3 The Services shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
5.4 You acknowledge and agree that the Services and the LiveWire Campaign company names and logos and all related product and service names, design marks and slogans, are the property of LiveWire Campaign or its affiliates or suppliers (collectively, the 'Marks'). You are not authorised to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Gencia. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks.
5.5 You represent, covenant, and warrant that you will use the Services only in compliance with the prevailing laws of the United Kingdom and the country in which you are resident. You agree you will not access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless Gencia Media Limited and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable lawyers' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. In addition, you acknowledge and agree that Gencia has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although Gencia has no obligation to monitor the content provided by you or your use of the Services, Gencia may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
5.6 The Services may only be used for lawful purposes. Transmission or solicitation of any material that United Kingdom law or other laws that may apply in this jurisdiction or your local area is prohibited. For details, see LiveWire Campaign's Prohibited Content and Commerce Statement, the terms of which are incorporated into this Agreement by reference.
5.7 For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating 'Powered by LiveWire Campaign' or a similar message. You agree to cooperate with and provide reasonable assistance to Gencia in promoting and advertising the Services.
5.8 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Gencia. Gencia may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of Gencia, Gencia may share your information with the Marketing Partner and the Marketing Partner may share information with Gencia. Gencia will not provide information to companies you have not authorised for that purpose unless required by law or if you are terminated from LiveWire Campaign due to unsolicited commercial email being sent from your LiveWire Campaign account.
5.9 If you receive special discounts through a Marketing Partner, those discounts may not be available if you cease to continue to be a customer of the Marketing Partner, in which case LiveWire Campaign's standard rates will apply. The Marketing Partner may notify Gencia of any change in your status.
6.2 LiveWire Campaign may terminate this Agreement or the Services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Gencia shall have no liability to you or any third party because of such termination or action.
6.3 Gencia will delete any of your archived data within 30 days after the date of termination. After termination, you are required to process all unsubscribe requests within 30 days of your last email campaign. LiveWire Campaign will provide upon request the list of unsubscribe requests from your last campaign. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
6.4 If your account is classified (at Gencia’s sole discretion) as inactive for over 120 days, Gencia has the right to permanently remove your subscriber data. Gencia will attempt to contact you via email prior to taking any permanent removal actions.
7. Warranty Disclaimer; Remedies
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for LiveWire Campaign to use commercially reasonable efforts to adjust or repair the Services.
8. Limitation of Liability
9. Export of Services or Technical Data
10.2 Gencia and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
10.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Gencia in any respect whatsoever.
10.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
10.5 The Agreement shall be governed by the laws of the United Kingdom
10.6 LiveWire Campaign is a trade name of Gencia Media Limited.
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