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1. Your relationship with iMaileo
1.1 Unless otherwise agreed in writing with iMaileo, iMaileo agreement between you and at a minimum, and in all cases the terms and conditions set forth herein, hereinafter called the "Universal Terms".
1.2 In case of contradiction between the Additional Terms and Conditions universal, the Additional Terms shall take precedence in relation to that Service.
2. Accepting the conditions
2.1 Before using the Services, you must first agree to these Terms. You can not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept the Terms, where this option is offered by iMaileo in the user interface of the Service;
(B) by actually using the Services. In this case, you understand and agree that such use will then be considered by iMaileo as acceptance of the Terms.
2.3 Before you continue, you should print or save a copy of the Universal Terms.
3. Language of terms of service
3.1 Any translation of the French version of the Terms is provided where appropriate by iMaileo for convenience only. Only versions of the Terms in French govern your relationship with iMaileo.
3.2 In case of contradiction between the stipulations of the French and those of translation, the provisions of the French language version shall prevail.
4. Rules for the protection of copyright and trademarks
4.1 iMaileo rule is to respond to notices of alleged infringement of copyright, which conform to international legislation on intellectual property (including the U.S., the Digital Millennium Copyright Act) and the cl Otur accounts of repeat infringers.
4.2 iMaileo maintains a procedure for investigating complaints relating to trademarks in the advertising business of iMaileo.
5. Using services
5.1 Access to certain Services requires you to provide information about yourself (such as identification or contact details) as part of the registration process for the Service or in connection with your use of the Services. You acknowledge that all information provided to iMaileo to the needs of your registration will always be accurate, correct and current.
5.2 You agree to use the Services only for purposes authorized by (a) the Terms and (b) any law, regulation or practice or guideline generally accepted in the relevant jurisdictions (including any laws regarding the export data or software to or from the United States or other relevant countries).
5.3 You agree not to access (or do not attempt to access) to all or part of the Services by any means other than through the interface provided by iMaileo unless you have been expressly authorized by the iMaileo under a separate agreement.
5.4 You agree not to undertake any activity that interferes with or disrupts the Services (or the servers and networks connected to the Services).
5.5 Unless you have been expressly authorized by a separate agreement with iMaileo, you agree not to reproduce, duplicate, copy, sell, trade or resell the Services for any purpose whatsoever.
5.6 You acknowledge that you are solely responsible for any breach of your obligations under the Terms and consequences (including any loss or damage suffered by iMaileo) such a violation. You expressly agree that iMaileo not be liable to you or others in this regard.
6. Security of your account and your password
6.1 You acknowledge and agree that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree to be the sole responsible towards iMaileo all activities that occur under your account.
6.3 If you are aware of any unauthorized use of your password or of your account, you agree to promptly notify iMaileo.
7. Privacy
7.1 You agree that your data be used in accordance with the charters of protection of personal data iMaileo.
8. Services content
8.1 You acknowledge that any information (such as data files, text, software, music files, audio, photographs, videos or other images) which you can access within or through your use of Services are the sole responsibility of the person responsible for this content. All these information are hereinafter collectively referred to as the "Content".
8.2 You acknowledge that because of the use of the Services, you may be exposed to Content that you find offensive, indecent or objectionable. In this regard, you acknowledge that you use the Services at your own risk.
8.3 You agree to be solely responsible for all Content that you create, transmit or display through your use of the Services, you agree to accept responsibility for your actions (including any loss or damage suffered by iMaileo) to this regard. You acknowledge that iMaileo can not be held liable either to you or anyone else's for that fact.
9. Property
9.1 You acknowledge and agree that iMaileo (or its licensors) owns the entire property rights relating to the Services, including all intellectual property rights relating to the Services. You further acknowledge that the Services may contain information designated as confidential by iMaileo and you shall not disclose such information without the prior written consent of iMaileo.
9.2 Unless agreed otherwise in writing with iMaileo concluded, no provision of these Terms do not confer the right to use the trade names, trademarks, service marks, logos, domain names and other distinctive signs of iMaileo.
9.3 In the event that you have a separate agreement with you iMaileo explicit right to use such identification, you agree to use them in compliance with the terms of that agreement, and all applicable provisions of the Terms and Guidelines iMaileo relating to the use of distinctive signs, such as occasionally amended.
9.4 Subject to the limited license provided for in Article 11 hereof, iMaileo RECOGNIZES it and accepts no ownership interest from you (including all intellectual property rights relating to that content, and whatever territory protection and that these rights have been filed or not) that you submit, post, transmit or post on the Services, or through the Services, it is not transferred or assigned by you or your licensors under these conditions . Unless agreed otherwise in writing with iMaileo, you agree to be responsible for the content protection and enforcement of rights in such Content. iMaileo no obligation to do so on your behalf.
9.5 You agree not to remove, obscure or change any rights of ownership (including the entries relating to copyright and trademark) may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized in writing by iMaileo you acknowledge that in connection with your use of the Services, you will not use any trademark, service mark, trade name, logo of any company or organization conditions that may result, intentionally or not, confusion about the owner or authorized user of such marks, names or logos.
10. License iMaileo
10.1 iMaileo grants you, free of charge, a personal, non-transferable, non-exclusive and for the world to use the software provided to you by iMaileo as part of the Services as provided by iMaileo (referred to 'the Software'). This license is only intended to allow you to use and benefit of services provided by iMaileo in compliance with these Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create derivative works, disassemble, reverse engineer, decompile or otherwise attempt to extract the source code of all or part Software, unless permitted by law or as specifically required or if you have been expressly authorized in writing by iMaileo.
10.3 Unless expressly authorizes in writing by iMaileo, you may not assign (or sub-license of) your rights to use the Software, grant a security interest in the Software or your rights to use or dispose of any other means all or part your rights to use the Software.
11. License Content
11.1 You retain ownership rights (copyright and all other fingers) that you already hold in Content which you submit, post or display on the Service, or through the Services. By submitting, posting or displaying the Content, you agree to grant to iMaileo a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, perform, display and distribute any Content you submit, post or display on the Service, or through the Services. This license is for the sole purpose of enabling iMaileo display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this license includes the right to iMaileo to make such Content available to companies, organizations or individuals with whom iMaileo relationships for the provision of common services, and use it in conjunction with the provision of those services .
11.3 You acknowledge that iMaileo in implementing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media, and (b) make necessary changes to your content to conform and adapt to technical requirements of connecting networks, devices or media. You agree to grant a license to iMaileo allowing it to take these actions.
11.4 You confirm and warrant to iMaileo you have all the rights, power and authority necessary to grant the above license.
12. SOftware updates
12.1 The Software which you use may automatically download and install the updates from time to time by iMaileo. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit you to iMaileo transmit) through your use of the Services.
13. Ending your relationship with iMaileo
13.1 The Terms will apply until terminated by you or by iMaileo as provided herein.
13.2 You may terminate your contract with iMaileo in (a) notifying iMaileo to termination at any time and (b) cl Otura your accounts for all the services you use, since iMaileo has made this option to your provision. You must send your notice in writing to the address listed iMaileo top of these Terms.
13.3 iMaileo may terminate this contract at any time if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you can not or do not want to respect the provisions of the Terms), or
(B) the law requires iMaileo to do (for example, when providing the Services to you is, or becomes, unlawful); or
(C) the partner with whom you provided iMaileo Services has terminated its relationship with iMaileo or has ceased to provide the Services, or
(D) iMaileo is on the verge of no longer providing the Services to users in the country where you reside or from which you use the service, or
(E) the provision of services by iMaileo for you no more, according iMaileo commercially profitable.
13.4 Nothing in this Article shall affect the rights iMaileo on the provision of Services under Section 4 of the Terms.
13.5 When the expiration hereof for any reason whatsoever, the rights, obligations and responsibilities which iMaileo and you have received, which you have submitted (or were acquired during the execution of the Terms) or have intended to apply beyond the expiration of the Terms will be unaffected by this cessation. The stipulations of Article 20.7 shall continue to apply indefinitely to the rights, obligations and responsibilities.
14. Disclaimer of Warranties
14.1 The Services are provided "as is". iMaileo not provide any guarantee in that regard.
14.2 iMaileo does not guarantee such as:
(A) your use of the Services will meet your requirements,
(B) your use of the Services will be uninterrupted, timely, secure or error-free,
(C) any information that you get after you use the Services will be accurate or reliable, and
(D) of failures in the operation or functionality of any Software provided under the Services will be corrected.
14.3 No warranty, condition or other provision (including any implied warranties of satisfactory quality, fitness for a particular purpose or compliance with description) apply to the Services, except as otherwise expressly provided herein and in the limit of this provision.
14.4 No provision of the Terms shall affect the rights you enjoy as a consumer and whose modification or waiver by contract is impossible.
15. Disclaimer
15.1 Nothing in these conditions shall exclude or limit liability for damage to iMaileo with applicable law prohibits the exclusion or limitation.
15.2 Notwithstanding Article 5.1 above, iMaileo not be liable to you:
(A) for any indirect or collateral that you may incur and for any loss (incurred directly or indirectly), any loss of goodwill, goodwill or reputation, or any data loss you may suffer;
(B) any loss or damage you may suffer:
(i) whether you are based on the completeness, accuracy or existence of any advertising, or any relationship or transaction between you and any advertiser or sponsor whose ads appear in it Services;
(ii) any changes that may make iMaileo Services or the temporary or permanent cessation of providing the Services (or any features of the Services);
(iii) the cancellation, alteration or inability to register any Content and other communications data maintained or transmitted through the use of the Services;
(iii) your failure to communicate to iMaileo accurate information on your account;
(iv) your failure to maintain security and confidentiality of your password and your account information.
15.3 The limitations of liability prescribed in Article 15.2 above shall apply, that iMaileo whether or not it was aware or should have or not have known of the possibility of such damage.
16. Banners
16.1 Some of the services provided by iMaileo are funded by advertising revenue and may display advertisements and promotions. These ads can be targeted to the content of information stored on the Services, queries made through the Services or other information.
16.2 The terms and scope of advertising by iMaileo on the Services are subject to change without notice.
16.3 In consideration for access to services and their use provided by iMaileo, you agree that there iMaileo displays advertising banners.
17. Other content
17.1 The Services may include hyperlinks to other sites, some content or other Internet resources. iMaileo may have no contr ole or on the website (s) or resources provided (e) by other companies or individuals that iMaileo.
17.2 You acknowledge and agree that iMaileo can not be held responsible for the availability of these sites or external resources such as iMaileo does not endorse any advertising, products or other materials on or available from such sites or resources.
17.3 You acknowledge and agree that iMaileo can not be held responsible for any loss or any damage you may suffer due to the availability of these sites or external resources, or resulting from the fact that you're based completeness, accuracy or existence of any advertising of any product or other materials on or available from such sites or resources.
18. General Provisions
18.1 Your use of services could imply that, through these Services or from the use of these services, you use a service or download a software, or purchase a product supplied by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. In this case, the Terms do not affect your relationship with these other companies or individuals.
18.2 The Terms constitute the entire agreement between you and iMaileo and govern your use of the Services (excluding any services which iMaileo can provide to you under a separate written agreement). They supersede all prior agreements between you and iMaileo same relation to the Services.
18.3 You agree that iMaileo you with notices, including those regarding changes to the Terms, by email, postal mail or through postings on the Services.
18.4 You agree that failure to exercise or waiver by iMaileo to exercise a right or remedy provided in these Terms (or which iMaileo is entitled under any applicable law) will not be considered iMaileo a waiver of such right or remedy in question. Such rights or remedies will remain available in the future.
18.5 Should any provision of these Terms is declared invalid by a court of competent jurisdiction, that provision shall cease to apply, without affecting other provisions of the Terms, which shall remain in full force and scope.
18.6 There is expressly agreed that each group member companies iMaileo which is the parent company will be considered third recipient of the Terms. These companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights). Under this, no other person or company shall be third party beneficiaries to the Terms.
18.7 The Terms and your rights and obligations iMaileo as provided herein shall be governed by English law. iMaileo and you agree to submit any dispute arising under these Terms to the exclusive jurisdiction of English courts. Notwithstanding the foregoing, iMaileo be entitled to request the granting of any injunctive remedies or any other emergency action before any competent court.
September 27, 2009
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