CONTACT US CHANNEL, TERMS OF USE

Updated October 2014

1. General

A. Contact Us Channel assists its users to reach out to businesses through the contact form provided by them on their websites.

B. Use of the Contact Us Channel site and associated applications (“the Site”) is governed by these Terms of Use ("Terms of Use"), and the Contact Us Channel Privacy Policy found at www.contactuschannel.com/privacy_policy. These two documents should be read carefully and in their entirety before advancing to any of the pages or other areas of this site. If you have any questions regarding these Terms of Use or the site please contact us at info@contactuschannel.com.

C. The terms "user" or "users" apply to all users of the site, whether you are simply browsing, using a premium area, submitting data or content, or any other interactive area of the site, or interacting with the site in any other way.

D. By using this site and/or submitting contents, you agree to be bound by these Terms of Use. If any of the terms or conditions in these Terms of Use are unacceptable to you, please refrain from using the site.

E. If you are under 18 years of age, you may not use this site u. In case the age of majority in your location is higher than 18, then you may not use this Site unless you are that age.

F. These Terms of Use apply to all pages and other areas of the site, operating under the current or any other Domain, or from our server, including if accessed through applications designed to be used on smartphones, tablets, hand-held devices and other devices. The Owner (as defined below) may transfer or copy the site, in whole or in part, to any other domain and/or change the name of the site.

G. The Owner may amend these Terms of Use at any time, and the most recent version will always be available by selecting the “Terms of Use” link displayed prominently on the site.  If a revision, in our sole discretion, is material we will notify you (for example, via a notice that will appear on the site when you attempt to access the site after such material update or via email.  The revised Terms of Use will come into effect and bind users once posted on this site, and if you access or use the site after that date, your use will constitute acceptance of such revised Terms of Use.  If any change to these Terms of Use is not acceptable to you, your only remedy is stop accessing and using the site and terminate your account. Users are encouraged to check the Terms of Use frequently for amendments. 

2. Access and Use of this Site

A. The Owner grants you permission to access and use this site on the condition that you accept and abide by these Terms of Use.

B. Use of the Campaign Management System and some or all other areas of this site, as may be designated by the Owner,  requires registration, the creation of an account and/or receipt of a user name and/or password. All information supplied by you to obtain an account, user name or password must be true, full and accurate.

C. The Owner may cease or terminate the operation of this site, or any area of the site, either temporarily or permanently at any time at the Owner's discretion.

D. You may not alter, modify, reverse-engineer or amend any part of this site, other than by submitting Content under the rules set out in these Terms of Use, or transmit to or by way of this site any content which contains any software viruses, bugs, Trojan horses, worms or other computer program or content that is or could be harmful to other computers or computer programs or could interrupt their use.

E. You may not circumvent, disable or otherwise interfere with any technological measures used on this site which are designed to prevent or restrict use of, or access to any content or materials, or any copying or distribution of content or materials, or to protect the privacy of users.

F. Users agree not to operate or use any automated system or program, including any robot ("bot"), spider, crawler and the like, that sends user requests to the site in a quantity that exceeds the number of requests that a human being, not using such a system or program,  would be able to send in any given period of time using a standard web browser, or at intervals that are less than those at which regular requests are sent during the normal course of browsing, or that exceeds the number of requests that a reasonable user would send during the normal course of standard use of the site. Notwithstanding the following, the operators of publicly accessible search engines may use industry standard automated programs that do not unduly burden this site or our servers solely for the purpose of indexing this site and its contents in the search engine.

G. We provide certain information and opinions on this Site. The information and opinions are provided as a service for your independent review, assessment and, evaluation and are not intended to be relied upon by you in making any business or other decisions.

H. We permit links to this site, provided the link is made and used in an acceptable and non-misleading manner and that this site is not framed by the linking site. We reserve the right to revoke permission to any site to link to this site in our absolute discretion. We do not allow links from any site that promulgates, promotes or encourages illegal activity, acts of hate or violence, or discrimination on the basis of race, religion, gender, sexual preference or age, or that contains content that is obscene or unsuitable to the general public.

I. We may provide links to certain sites on the Web that are not owned or operated by the Owner. These links are provided as a service to our users, because we think those sites may be of interest to them. We do not endorse such sites or warrant or approve of any content contained therein and will not in way be responsible for them or their contents.

J. Use of forums, blogs, chats and other areas of this site allowing speech is granted on condition that you abide by the rules of these features. Comments that you make using these features will be regarded as Third Party Content and will be governed by these Terms of Use.

 

3. Accounts, Payments and Cancellations

A. In order to use the Contact Us Channel service you must establish an account and pay the requisite fee as published on the site in regard to the package or other service that you wish to purchase by credit card or one of our external pay service providers, such as Paypal®.

B. VAT and/or sales or other taxes which may apply to any fee will be added and borne by the User.

C. All accounts, user names and passwords are allocated to the Specific User. Users may not transfer an account, user name or password to anyone else or allow someone else to use their account, user name or password without the Owner's written permission. Similarly, you may not use the account, user name or password of anyone else without their permission and the permission of the Owner. However businesses who register as Users may authorize their employees to use their account for the purposes of the business. If you register in the name of, or on behalf of the business, you declare and confirm that you are authorized to act for the business.

D. Account holders are responsible for all activity on their account, including activities carried out by employees on accounts held by businesses.  If you become aware of any unauthorized use of you account, user name or password, you should immediately notify the Owner. Such notification will not however render the Owner responsible for any unauthorized use, whether occurring before or after such notification.

E. The Owner may refuse registration of any user at its complete discretion and may terminate your access to the site, or any area of the site, or an account, user name or password, at any time, at its complete discretion.

F. Unless otherwise stated by Owner, credits are valid for six months from the date of payment. Thereafter, credits will expire and no refund will be granted. Unused credits may be cancelled within 90 days of payment by giving written notice to info@contactuschannel.com. Within 14 days of receipt of cancellation, we shall refund you the sum of the credits which are subject of the notice and are still unused on the date of refund (calculated as the corresponding proportion of the sum of the purchase), less a cancellation fee  as may be effective from time-to-time, and those credits shall be deactivated . Refunds will be made by crediting the same payment method used for payment.

G. Payments are collected and processed for the Owner by a third party Payment Service. Purchases require the provision of sensitive personal information such as the number of a credit card and other personal data. The personal information is supplied to the Payment Service, and may be passed on to the Site Owner. Therefore, you should read the Terms of Use and the Privacy Policy of the Payment Service. The Site Owner is not responsible for any information provided to the Payment Service. The User, by approving this contract declares that the details were provided by him after consideration, of his free will and on his responsibility.

H. The User undertakes to use only a credit card issued to and belonging to the User.

 

4. Use of Contact Us Channel Campaign Management System

A. You can use the Contact Us Campaign  Management System to pass on your message to website operators via their "contact us" form.

B. Before sending any message, or providing any information for the purpose of sending of any message, please ensure that it is lawful for you to send the message under the laws of  your location and the laws of the recipient's location.

C. CONTACT US Channel provides a service only and is not responsible for messages,  their contents or the sending of messages. The user is solely responsible for the sending of all messages and for their contents.

D. All messages must abide by these Terms of Use, including the terms regarding content. The Owner may, but is not obliged to, refuse to send any messages that are deemed in infringement of these Terms of Use. No refund will be made in regard to such Content.

E. Contact Us Channel is designed to improve the chances that your message will reach your targeted readers. However, we cannot guarantee that your message will be received by all intended recipients or that it will be read by them, or that they will respond in any manner.

F. We may offer writing services for a separatecharge. No refund will be made for writing services which have commenced. Although we will use our best efforts to write convincing messages we cannot guarantee the results of the message and will not bear responsibility in regard to any message, including its contents.

 

5. Intellectual Property Rights

A. Any and all intellectual property rights, including patents, copyrights, trademarks, trade-dress and designs in this site, and any materials on the site, including its source program and any and all texts, questions, graphics, artwork, photographs, logos, audio-visual and musical works, sound recordings, interactive materials, materials written by us for you. and any other materials ("Materials"), other than the rights in Third Party Content as defined below, are owned by, or licensed to the Owner, and are protected by law, as well as under international treaties. All rights in such material are reserved. Other than as specifically set out hereunder, no licenses of any kind to such Materials are granted or implied In regard to these Materials and they may not be published, copied, reproduced, publicly performed or displayed, broadcast, transmitted, or made available to the public, commercially rented, distributed, sold, licensed or otherwise exploited without the specific, written authorization of the Owner, or the Licensor of the Materials (in regard to all materials other than Third Party Content) or the copyright holder (in regard to Third Party Content).

B. The Contact US Channel name, mark and logo are the property of the Owner and may not be used for any purpose without the Owner’s prior written consent.

 

6. Third Party Content and User Submissions

A. This site may contain materials or content, including texts, graphics and other materials ("Content") which is or has been submitted by users or by third-party advertisers. Such materials are sometimes referred to as "Third Party Content".

B. User declares and affirms that any Content submitted, uploaded or posted by him is his own original material and is not copied from any other source, or that he has received appropriate licenses for its incorporation and use for all purposes included in or contemplated by these Terms of Use, as well as written permission to depict and to use the name, picture, likeness and voice of any and all living or deceased persons appearing in the Content, or that the Content is completely public domain, and that the Content complies fully with the prohibitions set out in this Section 6.

C. Users shall retain all copyright and other intellectual property rights owned by them in Third Party Content posted or uploaded by them.

D. By uploading or posting Third Party Content to any areas of this site , you the user grant the Owner, its licensees and affiliates a perpetual, non-exclusive, fully transferable, sub-licensable, irrevocable, royalty free and payment free license to copy, publish, display, publicly perform, broadcast, transmit, communicate and make available to the public, commercially rent and distribute and otherwise exploit the Content or any part of it, including to adapt, edit, alter, change, mix and remix, add to or detract from and to create derivative works based on or using it, or any part thereof, all of the above on this site, or any affiliated site, and in or by way of any other media or technology, whether now known or hereafter invented, perpetually, throughout the universe, but only in relation to the operation or promotion of the site. In addition, you grant the Owner a perpetual license to use your name, likeness and voice in connection with the above. Content submitted or uploaded by you in the Campaign Management System may be used by Owner for statistical evaluations and for purposes of advertising and promoting the Site and related businesses of Owner.

E. Due to the nature of the site, the Owner will not be required to grant and will not be liable for any omission, deletion or alteration of any attribution in regard to Content uploaded by you.

F. Users may not submit, post or upload or send Materials or content of any type that: (i) infringe the patent, copyright, trademark, trade-dress, design rights, trade secrets or any other intellectual property rights of any third party; (ii) contain any statements or messages, whether textual, visual, aural, audio-visual or otherwise that are defamatory or infringe the right of privacy or the right of publicity of any third party; (iii) incite, promote or encourage discrimination on the grounds of race, religion, age, gender, sexual preference or on any other grounds;  (iv) are inflammatory or incite, promote or encourage acts of violence, illegal acts, use of prohibited substances or dangerous acts; or (v) contain explicit or distasteful depictions of violence, pain, suffering or illness;  (vi) contain nudity or pornographic, obscene or profane materials; (vii) are otherwise inappropriate to the general public; (viii) are menacing, threatening or intimidating;  (ix) are otherwise illegal or could serve as grounds for any civil or criminal liability against you or the Owner; (x) advertise or promote, either expressly or impliedly any product, service, business, political party or other organization or cause in any publicly accessible area of the Site, or in any manner that is illegal ; (xi) depict or refer to any minor without the prior written consent of his or her parents or legal guardian or could in any way be harmful to a minor or his wellbeing; or (xii) contain any address or contact information of any person other than the user himself, unless the user has obtained the prior written consent of such person.   

G. The Owner is not responsible in any manner for the Third Party Content, including third-party publicity and advertising materials. We allow the posting and uploading of Third Party Content as a service to users for their own and other users independent review, assessment, evaluation and use under these Terms of Use. We do not endorse or approve any Third Party Content or any materials, contents messages or statements contained therein. All Third Party Content and the information contained therein are the representations, ideas and views of the submitting users only.

H. Content may be submitted only under these Terms of Use. Users will be solely responsible for the Content posted or uploaded by them and all materials contained therein, and for any legal or other results or consequences of such Materials.

I. Although we welcome your submission, we reserve the right to refrain from publishing or posting it on the site.

J.When you post or upload materials or content, that content will or may become available to other users and may be viewed by them.

K. The Owner reserves the right to remove or disable access to any materials that do not comply with the above conditions or which are otherwise considered by Owner to be in bad taste or contradictory to the site policies, or are the subject of a complaint by a third party, without any need for notice to the posting user. In case of gross or repeat infringements, we reserve the right to terminate the account of the user with no prior notice and without any obligation to compensate the User.

 

7. Complaints of Infringement

 

A. We respect the copyrights and other rights of all persons and organizations and expect you to do so also.

B. If you are the owner of a copyright or the authorized agent of any copyright holder and you believe that any content on this site, including any Third Party Content, infringes upon your copyright, or if you believe that any content on this site infringes any other intellectual property right, other than copyright or any other right of yours, or in any other manner harms you, or if you have any other complaint regarding the site, please notify us so that we may review your complaint. You may submit a written notification to info@contactuschannel.com

C.All complaints should be sent in writing to the above address and should give the following details:

(i)         Your full name and contact details, including physical address and email, and, when available a fax number and telephone number.

(ii)        Full details of the complaint, detailing: i) the rights claimed to have been infringed or the harm claimed to have been caused to you,

 ii)        a statement that you own the rights claimed to have been infringed, or are the authorized agent of the owner;

 iii)       a detailed statement identifying as fully as possible the allegedly infringing material and its location on this site, including by detailing its URL.

(iii)       Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

D. We will review all complaints promptly but reserve the right to decide whether to act on such complaints. 

 

8. Use of Contact Information

 

A. By registering a user Account with this site, or any area of the site, or by submitting your contact details in any other manner, you grant us your explicit consent to use that information, including all contact information to send you information and offers, including commercial or advertising email from us and/or our business partners or affiliates, using all means of communications provided by you, unless you have clearly indicated that you are not interested in receiving such communication.  

B. At any time, you may request us remove your details from our mailing list that serves for these communications by sending a request to  info@contactuschannel.com, or by way of the link that will be provided in each mailing to you.

C. For more information on how we use information submitted by you, please see our privacy policy at http://www.contactuschannel.com/privacy_policy.

 

9. Disclaimer of Warranty

A. ALTHOUGH WE WILL DO OUR BEST TO PROVIDE CONTINUOUS SERVICE, THE OWNER DOES NOT AND CANNOT GUARANTY THAT THIS SITE WILL BE AVAILABLE TO USERS AT ALL TIMES. IN PARTICULAR, THIS SITE MAY BE SHUT DOWN FOR MAINTENANCE AND REPAIR AND MAY BE TEMPORARILY DISABLED DUE TO TECHNICAL PROBLEMS, INCLUDING NETWORKING PROBLEMS.

B. USE OF THIS SITE AND THE CONTACT US CHANNEL TOOLS ARE AT THE SOLE RISK OF USER. TO THE FULLEST EXTENT PERMITTED BY LAW, THE OWNER, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE CONTACT US CHANNEL TOOLS AND USE THEREOF BY ANY USER.

C. THE OWNER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT OF THIS SITE, INCLUDING THIRD PARTY CONTENT, OR OF ANY SITE LINKED HERETO; (II) HARM, INJURY OR DAMAGE TO PERSON OR PROPERTY OF ANY KIND OR NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THIS SITE, INCLUDING THIRD PARTY CONTENT; (III) DAMAGE, LOSS OR HARM RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) DAMAGE, LOSS OR HARM RESULTING FROM ANY INTERRUPTION TO OR CESSATION OF COMMUNICATION WITH THIS SITE, OR MISDIRECTION OR NON-DELIVERY OF ANY COMMUNICATION; (V) ANY DAMAGE, LOSS OR HARM RESULTING FROM ANY VIRUSES, BUGS, TROJAN HORSES, WORMS AND OTHER HARMFUL PROGRAMS TRANSMITTED TO, THROUGH OR FROM THIS SITE BY ANY THIRD PARTY; (VI) ANY OTHER LOSSES, DAMAGES OR HARM RESULTING FROM USE OF THE SITE, INCLUDING ANY LOSS OF INCOME, PROFITS, BUSINESS OR PROSPECTIVE OPPORTUNITY, LOSS HARM OR DAMAGE TO NAME OR GOODWILL.

 

10. Limitation of Liability

A. ANY LOSS OF INCOME, PROFITS, BUSINESS OR OPPORTUNITY, OR ANY LOSS HARM OR DAMAGE TO NAME OR GOODWILL I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT OF THIS SITE, INCLUDING ANY THIRD PARTY CONTENT, OR ANY SITE LINKED HERETO; (II) HARM, DAMAGE OR INJURY TO PERSON OR PROPERTY OF ANY NATURE OR KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE, INCLUDING ANY THIRD PARTY CONTENT; (III) DAMAGE, LOSS OR HARM RESULTING FROM ANY MALFUNCTION OR UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) DAMAGE, LOSS OR HARM RESULTING FROM ANY INTERRUPTION TO OR CESSATION OF COMMUNICATION WITH THIS SITE OR MISDIRECTION OR NON-DELIVERY OF ANY COMMUNICATION; (V) ANY DAMAGE, LOSS OR HARM RESULTING FROM ANY VIRUSES, BUGS, WORMS, TROJAN HORSES AND OTHER HARMFUL PROGRAMS TRANSMITTED TO, THROUGH OR FROM THIS SITE BY ANY THIRD PARTY; (VI) ANY STATEMENTS OR CONTENTS CONTAINED IN ANY THIRD PARTY CONTENT, ALL OF THE ABOVE WHETHER THE CLAIM AGAINST US IS

B. THE DIRECT FEES PAID BY YOU DURING THE PREVIOUS ONE (1) YEAR PERIOD TO THE OWNER FOR THE SERVICES OFFERED ON THE SITE.

C. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

 

11. Indemnity

A. All use of the CONTACT US CHANNEL site, applications and tools, including any communication sent through or by use of them is at the complete responsibility and liability of the User.

B. You, the User, agree and undertake to fully indemnify the Owner, its officers, directors and employees and hold them harmless from and against any and all damages, loses, costs and expenses of whatever kind, including attorneys fees and any sums paid under any settlement, incurred or suffered as a result of any claim, demand or suit by any third party, whenever and wherever filed, arising out of: (i) your access and use of this site, including your posting and/or uploading of any Content, or the sending of any communication or message through, or other use of, the site, any application and any tools provided by us; (ii) any infringement of these Terms of Use by you; (iii) any other act or omission of yours, including any infringement of any intellectual property right or any other right of any third party.

 

12. Assignment

A. The permissions and licenses granted to you hereunder may not be assigned by you to any third party without the prior written consent of the Owner.

B. The Owner may assign, transfer, license or sub-license its rights and any license received by you.

 

13. Miscellaneous

A. Use of this site may involve the transferring of information outside of your state or country. Your continued access and use of this site will indicate your consent to this. 

B. These Terms of Use and the CONTACT US privacy policy located at www.contactushchannel.com/privacy_policy, together with any legal notices that may be posted by the Owner on the site, constitute the entire agreement between You and the Owner regarding the site and your use thereof. Any previous agreements, representations or undertaking between the parties regarding the subject matter of the agreement are null and void.

C. The headings to these Terms of Use are intended for convenience only and shall not be used for interpretation.

D. If any provision or provisions of these Terms of Use should be held to be unenforceable, such holding will not affect the other provisions hereof which shall remain in full force.

E. No failure of the Owner to invoke or enforce any of these Terms of Use shall be considered as a waiver of any right of the Owner.

F. These Terms of Use shall be governed and construed under the laws of Republic of Seychelles. Exclusive jurisdiction over any dispute arising out of or under these Terms of Use shall be with the courts of the Republic of Seychelles. You hereby waive any right to file a claim in any other jurisdiction. However, Owner, at Owner's discretion may file a claim in any other competent court that may, but for this clause, have jurisdiction.

G. THESE TERMS OF USE WILL BECOME BINDING UPON YOUR USE OF THIS SITE.

“Owner” / “we”: B2B Marketing Solutiuons, Ltd.