Please read this Agreement before accessing SendItz. As a condition to and in consideration of accessing SendItz, the User agrees to be bound by the terms of this Agreement. Use of or access to SendItz shall constitute acceptance of and agreement to be bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS SendItz. If you have any questions about this Agreement, please contact us.
In order to access and use the Service, you are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access SendItz and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing SendItz.You also acknowledge and agree that you will have to provide SendItz with your name, phone number or email address. You may also be required to provide the names, phone numbers or email addresses of third parties with whom you wish to use the Service. You must give true and correct information when providing any name, phone number and email address. You hereby expressly allow SendItz to use the names, phone numbers and email addresses you provide for the purposes of offering the Service. You may never use a third party's phone number or email address without their express consent. You must notify SendItz immediately of an unauthorized use of your phone or email account or any breach of security. Although SendItz is not liable for any of your losses caused by unauthorized use of your account, you may be liable for the losses of SendItz or third parties due to such unauthorized use.
You agree to access and use SendItz only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of SendItz, including any Interactive Area, (ii) the use of any networks or other services connected to SendItz, and (iii) the communications means by which you connect your modem, computer, or other equipment to SendItz. By accessing SendItz, you agree that you will not:
(a) restrict or inhibit any other user from using and enjoying the Interactive Features;
(b) post or transmit any unlawful, threatening, abusive, hateful, racially or ethnically offensive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(c) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
(d) collect any personally identifiable information, including but not limited to names, phone numbers and email addresses, from the Service;
(e) use the Service for spam or unsolicited commercial messages;
(f) post or transmit any information, software or other material which contains a virus or other harmful component;
(g) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access SendItz;
(h) disrupt the normal flow of communication in an Interactive Area;
(i) impersonate another person, or to claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(j) violate any operating rule, policy or guideline of your Internet access provider or online service.
(a) You acknowledge that Content on SendItz is generally provided by SendItz, individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that SendItz permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that SendItz owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Content.
(b) You may not attempt to reverse engineer, modify, copy, reproduce, transmit, distribute, publish, create derivative works from, give access to, or otherwise transfer or commercially exploit any of the Service or Content, in whole or in part, provided, however, that you may make a reasonable number of digital or other form of copies to permit your personal devices and software to access and view the Service or Content. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "SendItz" and its URL address. You acknowledge that SendItz remains the owner of the Service, and SendItz, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Service or Content.
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through SendItz only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on SendItz, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to SendItz the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit SendItz to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use. Where you have provided your e-mail address for user registration, you are expressly allowing SendItz to send you e-mail for for e-mail updates. E-Mail updates comprise newsletters, system updates, and other updates as SendItz may offer from time to time.
You acknowledge that SendItz may include various interactive areas ("Interactive Areas"). These Interactive Areas allow feedback to SendItz and real-time interaction between users. You further understand that SendItz does not control the messages, information, or files delivered to such Interactive Areas and that SendItz may offer you and other Users the capability of creating and managing an Interactive Area. However, neither SendItz, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that SendItz cannot, and does not intend to, screen communications in advance. Moreover, because SendItz encourages open and candid communication in the Interactive Areas, SendItz cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. SendItz is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that SendItz has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, SendItz may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. SendItz reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written SendItz policy in effect at that time, (ii) be harmful to the rights of any User, SendItz, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable. You also acknowledge that SendItz may send you e-mail for responses and follow-up updates to any transactions carried out by you at SendItz. Your requested compliance is also stated clearly on the respective screens, which include but are not limited to, the setup, registration, or modification of account information, as well as the file transfer and management screens.
The only right with respect to dissatisfaction with any policies, guidelines, or practices of SendItz in operating SendItz, or any change in Service or Content, is for you to discontinue accessing SendItz. SendItz may terminate or temporarily suspend your access to all or any part of SendItz, without notice, for conduct that SendItz believes is a violation of this Agreement or any policies or guidelines posted by SendItz, or for other conduct which SendItz believes, in its sole discretion, is harmful to SendItz or other Users. SendItz may discontinue operating SendItz and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access SendItz, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from SendItz, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
5.1 Links. You understand that except for Content, products or services expressly available at SendItz, neither SendItz, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from SendItz. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of SendItz or controlled by SendItz. SendItz neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from SendItz, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither SendItz, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from SendItz or your inability to access the Internet or any site linked to or from SendItz.
5.2 Disclaimer of Warranties. Please use your best judgment in evaluating all information contained or opinions expressed on SendItz. It is the policy of SendItz not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF SendItz IS AT YOUR SOLE RISK. NEITHER SendItz NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT SendItz OR ANY INTERNET SITE LINKED TO OR FROM SendItz WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SendItz OR ANY INTERNET SITE LINKED TO OR FROM SendItz OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH SendItz OR ANY SITE LINKED TO OR FROM SendItz. SendItz IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL SendItz, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, SendItz, OR ANY INTERNET SITE LINKED TO OR FROM SendItz, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL SendItz, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN SendItz OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM SendItz. THE CONTENT WITHIN SendItz AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM SendItz MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF SendItz AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. SendItz AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
You agree to indemnify and hold SendItz, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of SendItz or any Internet site linked to or from SendItz, or in connection with the transmission of any Content on SendItz.
This Agreement comprises the entire agreement between SendItz and you, and supersedes any prior agreements with respect to the subject matter herein. SendItz may revise this Agreement or any other policy at any time and from time to time. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing SendItz. Your continued accessing and use of SendItz following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of SendItz to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state or province of domicile of SendItz, excluding its conflict of laws rules, and you and SendItz each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from SendItz have been done strictly for clarification and identification and does not constitute endorsement by SendItz of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of SendItz by such trademark, service mark or link owner.