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.
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.
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:
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.
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:
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.
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 firstname.lastname@example.org.
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)
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.
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.
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.
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.
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.