Campaignium, LLC (“Campaignium”) provides all information on the wwww.campaignium.com web site and all other web sites operated by it (collectively, the “Sites”) subject to the following terms and conditions of use (the “Terms”). These Terms also apply to (i) your use of any mobile applications provided by Campaignium (the “Apps”), (ii) your interactions, posts, and uploads to any social media account or page operated by Campaignium (“Social Media”), and (iii) any posts to your own social media account or page that tags Campaignium or that include a link to the Sites, the Apps, or the Social Media. The Sites, the Apps, and Social Media, and all uses thereof, are referred to herein as the “Online Content”.
Please read these Terms carefully before using the Online Content. Your use of the Online Content in any manner binds you to these Terms. These Terms are effective unless and until terminated by Campaignium. If you do not agree with any of these terms and conditions, do not use the Online Content. By using any portion of the Online Content, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use the Online Content only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Online Content is not intended for children under the age of 13.
Campaignium reserves the right, at any time, to modify, amend, alter, or update these Terms and the other terms, conditions, and policies referred to in these Terms, without notice to you. By continuing to use the Online Content following such modifications, amendments, alterations, or updates, you agree to be bound by such modifications, amendments, alterations, or updates. Therefore, you should periodically visit this page to review our most current Terms.
Please note that certain products or services or web sites provided by Campaignium may be governed by separate or additional policies or terms (e.g. policies applicable to registered accounts) and you also will be subject to such special terms if you use those products, services, or web sites. In the event of a conflict between these Terms and any special term, the more specific term shall apply.
Tampering with the Online Content, misrepresenting the identity of yourself or any other user, and conducting fraudulent activities on the site are prohibited.
Copyrights and Trademarks
Unless otherwise noted, all content used to provide the Online Content constitutes copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by Campaignium or by third parties who have licensed their materials to Campaignium and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site and in the Online Content generally is the exclusive property of Campaignium and is also protected by U.S. and international copyright laws.
The Campaignium name and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of Campaignium. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Online Content. Access to the Online Content does not authorize anyone to use any name, logo or mark in any manner.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site or other parts of the Online Content, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or any other posting to any part of the Online Content. Violations of system or network security may result in civil or criminal liability. Campaignium will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Online Content, any activity being conducted on the Online Content, or any part of the Online Content. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Online Content other than the search engine and search agents available from Campaignium on the Online Content and other than generally available third party web browsers (e.g., Chrome or Microsoft Explorer).
If you use the Online Content, you are responsible for maintaining the confidentiality of your accounts and passwords and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Campaignium reserves the right to refuse service, terminate accounts, remove or edit content, or otherwise prohibit access to the Online Content in its sole discretion.
Campaignium has the absolute discretion and the right at any time and without notice to you to delete any and all accounts that you may establish on the Online Content, and all data, content, or other information associated with any such account. You agree that Campaignium shall not be liable to you or any third party for any termination of your account or deletion of any data or content related to the account whether or not you receive prior notice of such action.
Campaignium reserves the right, but not the obligation, to monitor and record details of your usage of the Online Content electronically. Campaignium furthers reserves the right to disclose any content, records, or electronic communication of any kind if we are required to do so by any law, regulation, or court order, or if such disclosure is necessary or appropriate to operate the Online Content or to protect Campaignium’s rights or property, or the rights of the other users, or our partners, affiliates, sponsors, providers, licensors, or other third parties.
Products and Services
Products, services, and promotions posted on the Online Content, or those sent to customers by personalized e-mail, are good only for the dates indicated and are subject to Campaignium’s standard terms of service. Campaignium has the right in its sole discretion to add to, modify, suspend, or discontinue (temporarily or permanently), any or all of the products or services provided through or described in the Online Content. Campaignium shall have no liability to you for any such change in the Online Content.
Campaignium makes reasonable efforts to ensure that the information provided in the Online Content is accurate, current, and complete. However, there may be instances when information about a Campaignium product or service contains inaccurate or incomplete information, such as information about the product pricing or availability. Campaignium does not warrant or guarantee that the information in the Online Content is error-free, complete, or current.
Consent to Email Communication
When you access or use any of the Online Content, or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email, by posting notices on the Online Content, or by notifying you through any part of the Online Content.
Submissions, Comments, Feedback
By uploading User Submissions you are representing and affirming to Campaignium that you have the right to upload the User Submissions and all content therein, and that your use of the content within the User Submission is not infringing of the rights of any third party, including any copyrights or right to privacy. Campaignium will not accept an upload of any User Submissions that would infringe the rights of any third party, and reserves the right to remove any User Submission that it believes in its sole discretion would infringe the rights of others. Campaignium may delete any User Submission at any time and for any reason, and shall have no liability to you for deleting information that you have submitted to it.
You agree to not use the Online Content to:
(a) upload or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable in the sole discretion of Campaignium;
(b) harm minors in any way;
(c) upload or otherwise make available any content that you do not have a right to make available;
(d) upload or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; or
(e) upload or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Disclaimer and Limit of Liability
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, CAMPAIGNIUM IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY CONTENT CONTAINED IN OR INFORMATION SUBMITTED TO THE ONLINE CONTENT, OR SERVICES OBTAINED THROUGH THE ONLINE CONTENT, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE ONLINE CONTENT IS ENTIRELY AT YOUR OWN RISK. THE ONLINE CONTENT AND RELATED SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT CAMPAIGNIUM SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES PROVIDED AT OR THROUGH THE ONLINE CONTENT) ARISING OUT OF USE OR INABILITY TO USE OF THE ONLINE CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED FROM THE ONLINE CONTENT, OR SERVICES OBTAINED THROUGH THE ONLINE CONTENT, EVEN IF CAMPAIGNIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF CAMPAIGNIUM (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY, ACTUALLY PAID BY YOU TO CAMPAIGNIUM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEY MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold Campaignium harmless from any and all claims, proceedings, damages, injuries, liabilities losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from your use of the Online Content, your User Submissions, or any breach of these Terms.
Applicable Law, Disputes
You agree that the laws of the State of Missouri, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Campaignium. Any action or proceeding arising out of or related to these Terms or your use of this Site must be brought in the state or federal courts of Greene County, Missouri and you consent to the exclusive personal jurisdiction of such courts.