The following sets out the terms and conditions for the use of the Jumplead service ("The Service" or "Jumplead") and is an agreement between Mooloop Ltd ("Mooloop" or "We") and you (either an individual or a legal entity that you represent as an authorised employee or agent). By use of the Service, you agree to be bound by all of these terms and conditions (the "AGREEMENT").
Mooloop does not give any warranty or other assurance as to the operation, quality or functionality of the Service. Access to the Service may be interrupted, restricted or delayed for any reason. Mooloop also does not give any warranty or other assurance as to the content of the material appearing within the Service, its accuracy, completeness, timelessness or fitness for any particular purpose.
To the full extent permissible by law, Mooloop disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Service or any material appearing within the Service, or from any action or decision taken as a result of using the Service or any such material.
The Service contains links to external sites. Mooloop is not responsible for and has no control over the content of such sites. Information within the Service, or available via hypertext link from the Service, is made available without responsibility on the part of Mooloop. Mooloop disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from the Service.
Mooloop values the privacy of its users. Mooloop will not provide any information about its users and/or their traffic data to any third party company for any purpose, unless required to do so by law.
You will not associate (or permit any third party to associate) any data gathered from your Website(s) (or such third parties' website(s)) with any personally identifying information from any source as part of your use (or such third parties' use) of the Service.
You must register an account to use the Service. You agree not to share your account username and password with third parties, and to notify Mooloop immediately of any unauthorised usage.
Mooloop may cancel or delete any account, for any reason, with or without notice. If you wish to cancel your account, you must notify Mooloop by email to firstname.lastname@example.org. All information associated with the account, including the account itself as well as the historical data, will be permanently deleted.
The service is billed on a monthly basis. All plans automatically recur at monthly intervals. You can cancel your subscription at any time by contacting us, however, Mooloop does not offer refunds for any payments already made. Your access to the Service will be deactivated without notice for failure to pay any amount due within seven (7) calendar days of the due date.
Mooloop owns and has rights to all of the intellectual property rights in and to the software and services (including all improvements thereof). All suggestions, enhancements, requests, feedback or recommendations provided by You or any other party shall be owned by Mooloop.
Mooloop does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful components, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that Mooloop shall not be responsible for unauthorised access to or alteration of your data.
We do not tolerate the sending of unsolicited commercial email or "spam" (as defined on the Spamhaus website) using the Jumplead Service. Any customer found to be in violation of this policy will be subject to immediate suspension and account termination.
You must not send email to purchased, rented, or third-party lists of email addresses.
You must be able to point to an opt-in form or show other evidence of consent for bulk email.
Recipients of email sent by the Jumplead Service are asked to report suspected violation of this policy by forwarding a copy of the received email to email@example.com. It is our policy to investigate any report of abuse.
You and your account users must comply with all of the laws and regulations applicable to bulk and commercial email when using the Jumplead Service. Including all local and national laws applicable to the regions where you have business opperations and their email recipients are located. E.g., the United States CAN-SPAM Act of 2003.
You must ensure that recipients of email sent using Jumplead are: (i) persons with whom You have an existing business relationship, OR (ii) persons who have consented the receipt of such email. All commercial email sent using the Jumplead service must include a mechanism for recipients to revoke consent, i.e., to "opt out", of receiving future emails from the sender, such as an "unsubscribe" link.
You must not use the Jumplead system to send offensive content, promote anything illegal, or to harass anyone.
Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement or if you remove the Script from your web pages.
Upon any termination of this agreement, (i) Mooloop will cease providing the Service to you; (ii) you will delete all copies of the Script from your web page(s); (iii) any outstanding balance payable by you to Mooloop will become immediately due and payable; (iv) you will not be entitled to any refunds of any usage fees or any other fees; and (v) all of your historical report data will no longer be available to you.
You understand that keeping the Script on your web site consumes bandwidth (and hence, money) of the Company for every page view on your web site. Failure to remove the Script from your web site upon termination may force Mooloop to take measures to gain your compliance. Such measures are determined on a case by case basis.
THE SERVICE, THE SCRIPT AND REPORTS ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY THE COMPANY EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE SCRIPT, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE, THE SCRIPT OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED.
THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH.
THE COMPANY'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USAGE OF THE SERVICE SHALL NOT EXCEED £250.
You agree to indemnify, hold harmless and defend Mooloop, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Mooloop or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable legal fees) incurred by Mooloop or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, or (iii) your unauthorised use of the Script code. In such a case, Mooloop will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Mooloop reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Mooloop reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement on this web site. You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorised representative of the Company, (ii) you accept updated terms online, or (iii) you continue to use the Service after the Company has posted updates to the Agreement or to any policy governing the Service. Any of the following constitute your continued usage of the Service: (i) viewing any page on the Site, or (ii) keeping the Script on any page of your web site, or (iii) logging in to your account, or (iv) viewing any of the data collected by the Service, whether viewed on the Site directly, or through another means, including, but not limited to, exported data files, and first- or third-party widgets.
You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.
This Agreement shall be governed by and construed in accordance with English law and the Parties hereby submit to the exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with this Agreement. Any translation of the English language, English law version of this Agreement (the "Original Agreement") is provided for convenience only and You agree that in the event of a conflict between the translated version and the Original Agreement, the provisions of the Original Agreement shall prevail.