BEE free – Terms of use

1. Acceptance of terms

The Software offered in this Web site (Website) named BEE Free™ (BEE Free) is an online email editor. It is offered by MailUp Inc. (MailUp), an email marketing company whose main place of business is located at 560 Mission St, Suite 1314 – San Francisco, CA 94105.

The use of BEE Free is subject to the following terms of use (hereinafter “Terms of Use”). MailUp reserves the right to update these Terms of Use at any time or to impose new conditions without notice to the User. The most current version of the Terms of Use can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our web pages. By using BEE Free, the User agrees to comply with and be bound by the following Terms of Use. In the event that the User does not intend to accept and comply with the most recent version of the following Terms of Use, the User shall not use BEE Free.

2. License

MailUp, in accordance with this Terms of Use, undertakes to provide to the User a limited, non-exclusive license, for the use of BEE Free.

MailUp cannot and does not represent that BEE Free will work as the User desires, since the effectiveness of BEE Free depends, in large part, on its user.

MailUp shall have the right at any time to change or discontinue any aspect or feature of BEE Free, including, but not limited to, content, hours of availability, equipment needed for access or use, fees and charges for use.

3. Description of Service

Through this Website, MailUp provides the User with access to use BEE Free, an online email editor that makes it easy to create an email message that can be used to send a company newsletter, announce a new product, promote a sale and so on.

BEE Free provides two main advantages compared to traditional email editors:

  • It features a drag-and-drop interface that enables anyone to create a nice-looking email message.
  • It creates email messages that adapt automatically to small screens, such as that of a smartphone.

Once the message has been created, it can be previewed, tested, downloaded (so that you can send it with your favorite email program), or sent it with MailUp’s email marketing platform, which is described and can be accessed on the MailUp Web site located at www.mailup.com.

4. User Conduct

The User shall use BEE Free for lawful purpose only. User shall not use BEE Free to transmit any material, which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, offense, gives rise to civil liability or otherwise violates any law.

The User shall not:

  • Use BEE Free in connection with sending unsolicited email messages, also known as spamming;
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  • Distribute or disseminate any inappropriate, profane, defamatory, obscene, incident or unlawful topic, name, material or information;
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless the User own or control the rights thereto or have received all necessary consent to do the same;
  • Use any material of information, including images or photographs, which are made available through BEE Free or the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
  • Send files that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer of property of another;
  • Falsify or delete any copyright management information, such author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the BEE Free service or any software, documentation, or data related to BEE Free; modify, translate, or create derivative works based on BEE Free; or copy (except for archival purposes), distribute, pledge, assign, or otherwise transfer or encumber rights to BEE Free; use BEE Free for timesharing or service bureau purposes or otherwise for the benefit of a third party unless specifically authorized by MailUp; or remove any proprietary notices or labels.
  • Violate any applicable laws or regulations.

Consequently, during the use of BEE Free, the User will be responsible for any and all activities that occur while using it. MailUp has the right but not the obligation to monitor the User’s use of BEE Free.

5. Intellectual property

BEE Free is a copyrighted work of MailUp and/or its suppliers. Any and all content, data, graphics, photographs, images, audio, video, software, source code, object code, underlying structure, ideas, or algorithms, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of BEE Free (collectively, the “Content”) contained in this Website are proprietary to MailUp, its affiliates and/or third-party licensors.

The Content is protected by Italian and International copyright and trademark laws.

The User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

Except as set forth herein, the User may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of MailUp. The User may download, print and reproduce the Content for its own non-commercial, informational purposes provided the User agrees to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of MailUp. To obtain written consent for such reproduction, please contact us at info@mailup.com.

6. Limitation of liability

THE USER EXPRESSLY AGREES THAT USE OF BEE FREE IS AT USER’S SOLE RISK. NEITHER MAILUP, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT BEE FREE WILL BE UNINTERRUPTED OR ERROR FREE.

BEE FREE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER LAWS APPLICABLE TO THIS AGREEMENT.

EXCEPT IN CASES OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OR PERFORMANCE ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USER SPECIFICALLY ACKNOWLEDGES THAT MAILUP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM FOREGOING RESTS ENTIRELY WITH USER.

FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS)

7. Indemnitification

The User undertakes to indemnify and hold harmless MailUp from and against all damages, losses, liabilities, costs, charges and expenses, including any legal fees and expenses, that may be incurred or suffered by MailUp or for which the latter received a payment request, that would not have been incurred or suffered or requested if the User had fulfill the obligations undertaken upon entering into these Terms of Use. The User further undertakes to fully indemnify and hold harmless MailUp from and against all damages, losses, liabilities, costs, charges and expenses, including legal fees and expenses that may be incurred or suffered by MailUp or for which the latter received a payment request, in any case related to the mailing of information contained in the User’s messages, also in the event of damages claims raised by third parties for any reason whatsoever.

8. Copyright notice

MailUp logo is a trademark of the 100 % Parent Company MailUp S.p.A.. All rights reserved. All other trademarks appearing on BEE Free are the property of their respective owners.

9. Third-party website

All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to User while on such websites. MailUp is not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by MaiUp. Inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by MailUp. This Website and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If User decides to leave this Website and access these third-party linked sites, User does so at his own risk.

10. Third-party products and services

MailUp may advertise third-party linked websites from which the User may purchase or otherwise obtain certain sample goods, freebie offerings or free trial services. The User understand that MailUp does not operate or control the products, free offerings or services offered by third-party linked websites. Third-party linked websites are responsible for all aspects of order processing, fulfilment, billing and customer service. MailUp is not a party to the transactions entered into between User and third-party linked websites. User agree that use of such third-party linked websites is at User sole risk and is without warranties of any kind by MailUp, expressed, implied or otherwise. Under no circumstances MailUp is liable for any damages arising from the transactions between User and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from MailUp site.

11. Ownership of the data related to the User’s use of BEE Free

As agreed between the Parties, MailUp is authorized to process and store for statistical, legal and quality analysis all data deriving from User’s use of BEE Free. MailUp has the right to use and diffuse, only in aggregate form, the results of these analyses deriving from User’s use of BEE Free. MailUp, as owner of these aggregated data, will take care to assure the full anonymization of the analysed data to avoid any processing and diffusion or communication of personal data of the User. On its part the User expressly authorizes MailUp to use the above mentioned data in order to contribute to the effective improvement of the functioning of the BEE Free or to allow the production of statistical information that may be published by MailUp in aggregate form. MailUp reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

12. Storing and cancellation of the User’s data

MailUp undertakes not to transfer or make available to third parties the contents of the messages and the addresses of the recipients of the messages sent by the User through BEE Free, whether in whole or in part, temporarily or permanently; not to use the same in any manner whatsoever except for statistical purposes and to improve BEE Free; not to keep a copy of the same, except the copy that is essential for the functioning of BEE Free and in accordance with the applicable legal framework.

Upon the expiry of 12 (twelve) months from the date of mailing, MailUp will cancel all the recipient addresses and content stored on behalf of the User.

13. Miscellaneous

This Terms of Use constitute the entire agreement between MailUp and the User with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

User comply with all applicable federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Terms of Use.

If any provision of this Terms of Use is void or unenforceable at law, such provision shall be severed and the remainder of the Agreement shall continue in full force and effect.

This Terms of Use shall be construed in accordance with the laws of the State of California. User agrees that the Supreme Court of the State of California, San Francisco County shall have exclusive jurisdiction over any dispute concerning the validity, effectiveness, interpretation and performance of this Terms of Use.

14. Changes

If we decide to change this Terms of Use, we will post those changes on these Websites. This Terms of Use was last modified on September 25th, 2015.