mail2-im terms of service

These Terms of Service apply to mail2.im and related Internet websites and mobile services (the "Services") and constitute a legal agreement between you and us as to the terms and conditions with which users must comply.

PLEASE READ CAREFULLY before visiting or using any of the Services, because by creating an account with us, or by using a Service, you agree to be bound by these Terms of Service, as well as the terms of our Privacy Policy and any supplementary terms of a particular Service, all of which are hereby incorporated by reference into these Terms of Service. If you do not agree with or do not wish to be bound by all of these Terms of Service, do not use the Services. We reserve the right to amend these Terms of Service at any time and will post the amended Terms of Service here from time to time, so please check back often and check the date above to see when they were last updated.

use, content and user submissions

A. You own all reviews, opinions, feedback, questions, comments, user data and other information and material that you provide to us or post via the Services ("Submissions"). However, you hereby grant us a non-exclusive, irrevocable, perpetual, transferable and sublicensable, royalty-free and fully paid right and license to use, distribute and otherwise exploit your Submissions for any and all commercial, promotional and other purposes, including without limitation advertising our Services. You waive any so-called moral rights you may have in Submissions and agree that we shall be free to use any ideas, concepts or techniques embodied therein for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques.

B. The Services and all associated content are intended solely for the personal, non-commercial use of our users. All materials available via the Services (including without limitation written content, photographs and other images, reviews, and audiovisual media (collectively, "Content")) are protected by copyright and all other applicable intellectual property laws, and are owned or controlled by mail2-im or the relevant copyright owner. You agree to abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through our Services. Except as may otherwise be provided below, you may not copy, store, or distribute any Content for other than your personal non-commercial use and may not otherwise modify, exhibit, publish, transfer, sell, create derivative works from, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

C. The Services make available certain public and/or member-only reviews, information, forums, message boards, and/or news groups ("Public Forum(s)"). You shall not upload to, or distribute or otherwise publish through a Public Forum any content that is libelous, defamatory, obscene, pornographic, profane, sexually explicit, vulgar, abusive, offensive or that otherwise violates any law, rule or regulation or rights of any person or entity. Please use your best judgment and be respectful of other people using the Public Forums. mail2-im does not endorse opinions or other content placed on the Public Forums.

D. The Public Forums may only be used in a non-commercial manner. You may not, without our express written permission, use the Public Forums to distribute or otherwise publish any material containing any solicitation for funds or advertising or solicitation for goods or services, nor to send unsolicited “spam” messages to users or others, nor to transmit or employ any worms, viruses or other destructive or unauthorized code or functions.

E. We do not and cannot review all Submissions posted by users in the Public Forums and are not responsible for the content of any of these messages. However, we reserve the right to delete, move or edit Submissions that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms of Service, or are otherwise incorrect, misleading, abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your Submissions.

third party products, services and links

The Services may contain links to other Internet sites, resources and sponsors. Your navigating an advertisement or other link will redirect you away from our Service to a third party site or service. Interactions and transactions between you and third parties are strictly between you and such third parties and are not our responsibility. We are not responsible for examining or evaluating, and do not warrant the goods, services or offerings of any third party or the content of their Submissions, advertisements or websites. Consequently, we do not assume any liability or responsibility for the actions, products, services, practices, availability or content of these outside resources. You should direct any concerns regarding any external link to the proprietor thereof.

representations and warranties

A. You represent, warrant and agree: (1) that you are 18 years of age or older and at least the applicable age of majority in the jurisdiction where you reside and you and possess the legal authority to agree to these Terms of Service; (2) all registration information and other information you submit to mail2-im or via the Services is and will remain truthful and accurate; and (3) that neither your use of the Services nor any Submissions submitted by you or the use thereof by mail2-im or our users in accordance with these Terms of Service will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading statements of fact or indications of origin; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations.

B. You hereby indemnify, defend and hold mail2-im and its officers, directors, shareholders, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, court costs and reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. mail2-im reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects mail2-im’s rights without our prior written approval.

system integrity

A. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of any Service, any software or device used by any person to access or communicate with any Service, or any transaction conducted on such Service. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure.

B. You are solely responsible for maintaining the security of your account, personal link, and password and for all activity transacted via your account. You may not disclose or share your personal link or password with any third parties or use your personal link or password for any unauthorized purpose, and agree to notify us immediately if you suspect any unauthorized access to or use of your password or personal link or account.

C. We reserve the right to require you to change your user name if we learn that it unauthorizedly uses someone else’s name, trademark or service mark.

disclaimer of warranties

Your furnishing Submissions and other use of our Services is at your sole risk. We don’t represent, warrant or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Services, whether by any user, information provider or any other person or entity. THE SERVICES AND ALL INFORMATION AND MATERIALS PROVIDED BY MAIL2-IM OR THIRD PARTIES VIA SERVICES ARE PROVIDED "AS IS." MAIL2-IM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY INFORMATION OR MATERIALS PROVIDED VIA THE SERVICES. MAIL2-IM DOES NOT GUARANTEE THAT ACCESS TO OR USE OF ANY OF SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE AND MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES.

limitation of liability

A. NEITHER MAIL2-IM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, ANY OF THE SERVICES OR ANY OF THE PUBLIC FORUMS, SUBMISSIONS, OR OTHER INFORMATION OR MATERIALS PROVIDED BY MAIL2-IM OR THIRD PARTIES THROUGH ANY OF THE SERVICES, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.

B. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MAIL2-IM’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT, IF ANY, PAID TO US BY YOU FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.

term & termination

A. These Terms of Service, as amended from time to time, shall remain in full force and effect for as long as you are a registered user or otherwise use the Services. You may terminate your membership at any time by contacting us here

B. mail2-im may, in our sole discretion, revise, suspend or terminate any or all Services or may terminate or suspend your access or refuse service at any time, without notice, to all or part of any of the Services for any or no reason, including, without limitation, breach of these Terms of Service, improperly impersonating a mail2-im employee or other individual, misrepresenting your age, the repeated infringement of copyrights owned by third parties, or any other misuse of the Services.

copyright infringement

A. We take alleged copyright infringement seriously. If you believe that any Submission provided by you, or any other Content appearing via our Services, has been used in a manner that constitutes copyright infringement, please send our Copyright Agent an e-mail or other written notice that includes the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Services; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

B. Our Copyright Agent for notice of claims of copyright infringement on the Services is:

mail2-im c/o
liketribe, Inc.
171 East Liberty Street, Suite 278
Toronto ON M6K 3P6
Canada

miscellaneous

If we terminate your membership or access to any or all Services in accordance with these Terms of Service, you will not be entitled to refund of any unused portion of membership fees or payments. In any event, your use of the Services will require Internet access and/or service for your mobile phone, personal digital assistant or other device, and your charges will vary accordingly. You will of course be responsible for the costs of obtaining and maintaining such access and/or service according to your agreement with the service providers.

B. These Terms of Service have been made in and shall be construed and enforced in accordance with New York law without regard to any conflict of law provisions. We make no representation that any Content is appropriate for access outside of the United States and Canada. The Services are currently hosted in Canada and may in the future be hosted in the United States. Those who choose to access the Services from outside the United States and Canada do so on their own initiative and are responsible for compliance with local laws. You agree that any and all actions in connection with the Services and/or these Terms of Service shall be brought exclusively in the federal or state courts located in New York, New York, U.S.A. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.  EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

C. All correspondence must be sent postage-paid to us at:

mail2-im c/o
liketribe, Inc.
171 East Liberty Street, Suite 278
Toronto ON M6K 3P6
Canada

D. These Terms of Service and the Privacy Statement constitute the entire agreement between you and mail2-im with respect to your access and use of the Services and they supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and mail2-im with respect to the Services. If any of the provisions of these Terms of Service are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. mail2-im may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, asset sale or other corporate combination, divestiture or other transaction, or (iii) in connection with the sale of any of the Services or the business unit associated with such Services. No waiver of any provision of these Terms of Service by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision.

E. You acknowledge that these Terms of Service are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your access to and/or use of the Services and receipt of data, materials and information available through the Services, the possibility of our review, use or display of your Submissions, and the possibility of publicity and promotion from our review, use or display of your Submissions.

F. Copyright © 2009 mail2-im. MAIL2-IM and the mail2-im logo are service marks of mail2-im. All rights reserved. The material on the Services may not be reproduced and may not be distributed, publicly performed or otherwise used in any manner, except with the prior express permission of mail2-im