- Definitions. The “Website” means any websites owned by Online Printing Associates, LLC, dba Custom Campaign Mail, (“CCM”), including the website operated at the domain name www.customcampaignmail.com.
- Site Content. The content on the Website, except all User Content (as defined below), including without limitation, the trademarks, copyrights, text, software, graphics, templates, photos, music, videos, and the like (“Site Content”), is owned by or licensed to CCM and is subject to trademark, copyright and other intellectual property laws of the United States and foreign countries. You shall not retain, copy, publish, distribute, use or edit any Site Content or any portion of Site Content except as expressly allowed through use of the CCM Website during the term of this or any other Agreement with us. For example, you may not retain, copy, publish, distribute, use or edit any templates or other pieces prepared by CCM after the term of this Agreement or after termination of any account you may have with us. CCM reserves the right to add to, delete from, or modify any part of the Site Content at any time without notice.
- User Content. You may be able to post user-generated content, such as photos, text, messages, notes, information, music, and videos (“User Content”) on the Website. You will remain the owner of the User Content. By posting User Content, you grant CCM an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with CCM, the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. By posting User Content, you represent and warrant that you have the right to post the User Content, that no third party rights will be violated by such posting, and that you have the right to grant CCM the rights granted herein.
- Service Fees. If you have signed up for an account for which fees apply for CCM’s services, you agree to the fees, time periods, and payment terms posted on the Website for the services you have selected at the time you enrolled in such services. Such services may include certain packages, subscriptions, and other offerings that may be added to the Website in the future. If you cancel any services or the account with which you use certain services, your payments are not refundable and your cancellation will take effect at the end of your service period, and if applicable your listing will be converted to a free listing or removed from the Website per your direction.
- Third Party Intellectual Property. CCM respects the intellectual property rights of others. We will respond promptly to remove material that infringes another person’s copyright or other intellectual property right.Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), our designated agent to receive notices of claimed infringement is:
- Website Provided “As Is.” You understand and agree that the Website and all services and information provided on it are provided “As Is” and that CCM assumes no responsibility for the accuracy, timeliness, deletion or mis-delivery of any user communication, information, or configuration. You, and not CCM, are entirely responsible for all material that you post, transmit or otherwise make available through the Website. CCM does not review or control the material that others post, transmit or otherwise make available through the Website, and accordingly CCM does not guarantee the accuracy, integrity or quality of such material. You acknowledge that CCM and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any material that is available through the Website, including all User Content.
- THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH IT, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE INFORMATION RECEIVED THROUGH IT. FURTHER, CCM MAKES NO REPRESENTATIONS WHATSOEVER ABOUT OTHER WEBSITES WHICH YOU MAY ACCESS THROUGH THIS WEBSITE. CCM FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF THE MATERIALS OR THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. CCM MAY MAKE CHANGES TO THE WEBSITE, OR TO THE PRODUCTS, SERVICES, SPECIFICATIONS OR PRICES DESCRIBED IN IT, AT ANY TIME WITHOUT NOTICE. THE MATERIALS MAY BE OUT OF DATE, AND CCM MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS WEBSITE OR TO MAKE ANY NOTIFICATION OF CHANGES. INFORMATION PUBLISHED AT THIS WEBSITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE.
- You are responsible for all legal requirements applicable to the content and distribution of mail pieces by a candidate or campaign. You need to familiarize yourself with the campaign finance and election laws of your jurisdiction. You should consult an attorney to assist you on any legal questions you may have. CCM IS NOT PROVIDING ANY LEGAL GUIDANCE ON HOW TO COMPLY WITH CAMPAIGN FINANCE OR ELECTION LAWS.
LIMITATION OF LIABILITY.
- CCM AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS AND ITS AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE OR ANY INFORMATION RECEIVED FROM THE WEBSITE, INCLUDING THE CONTENT OR ANY INFORMATION CONTAINED WITHIN OR THROUGH THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE AND THE INFORMATION OBTAINED THEREIN.
- Effective Date: March 18, 2013