This agreement sets out the legally binding terms of your use of the services provided by Backchannel Technology (hereinafter referred to as "Backchannel" or "Services") to you (hereinafter referred to as "End User," "You" or "Your"), and may be modified by Backchannel from time to time, such modifications to be effective upon posting of the modified agreement.
By accessing, using and/or registering for the services provided by Backchannel, you agree that you have read and understand this End User Terms of Service and all of its contents (hereinafter referred to as this "Agreement"), intend this Agreement to be the legal equivalent of a signed, written contract and equally binding, and that you will be subject to all of the terms and conditions set forth herein. You agree to review the Agreement periodically to be aware of any such modifications, additions, deletions or other changes, and your continued access, registration and/or use of the Services shall be deemed your acceptance of the modified agreement.
Backchannel (also, "we" or "us") provides products, services, related offerings, software, websites and sub-websites all offering features and functionalities ("Product" or "Products"). These Products are each subject to these Terms of Use. Backchannel may revise these Terms as well as any operating policies that we may post on this website or sub-sites. Such rules and guidelines are specifically incorporated into these Terms of Use by reference (collectively, "The Agreement"). Backchannel may revise this Agreement for any commercially reasonable purpose.
Future performance by Backchannel under this Agreement constitutes legal consideration for such revisions. These revisions take effect when Backchannel notifies you of them, either through e-mail or website announcement, and you should stop using Backchannel's Products and cancel your account if you do not agree to these revisions. When you check the box and click the "Agree" button, when you log into your Backchannel account, or when you access any Backchannel product, including this website and sub-sites, you accept this Agreement for yourself and any organization that you represent (collectively, "You"). Do not attempt to amend this Agreement through further communication (including but not limited to invoices, purchase orders, etc.), as these attempts will specifically be null and void.
Backchannel Email: The monthly renewing service provided by Backchannel Email enables the End User to send electronic messages containing rich media content, including, but not limited to, images, videos, music, sound clips and other audiovisual and/or interactive features. Any new feature, enhancement, addition, change or upgrade to the current Service shall be subject to the terms and conditions set forth in the Agreement herein. Backchannel Events: The service provided by Backchannel Events enables the End User to create an Event page and related social media and email marketing promotional materials for the purposes of managing, tracking and collecting Event registration fees. You acknowledge that Backchannel reserves the right to modify or discontinue any of its services in whole or in part with or without notice.
Back Channel solely and exclusively owns all intellectual property and other rights, title and interest in and to the Backchannel services and all content and materials provided to you through the Services, including, but not limited to, text, software, music, sound, video, photographs, graphics and animation (hereinafter referred to as the "Content"). All such content provided by Backchannel and its licensors through the Services is the sole and exclusive property of Backchannel, and any unauthorized use of the content may violate United States federal copyright laws, patent laws, moral rights laws, trade secret laws, confidential information laws, trademark laws, unfair competition laws or other similar rights.
By accessing, using and/or registering for the Services, you agree to: a) provide true, accurate, complete and current user information as requested by Backchannel at any time; b) promptly and regularly update your user information to maintain its accuracy and completeness; c) provide for your own access to the Internet and pay any fees or costs relative to such access that is required to access the Services; d) provide all necessary equipment and/or materials necessary for you to make such connection to the Internet in order to access, use and/or register for the Services.
By providing any user information that is untrue, inaccurate, incomplete and/or not current, Backchannel reserves the right to suspend or terminate your account and refuse any and all current or future use of the Services, in whole or in part, by you. On occasion, we may ask you to sign an affidavit verifying the fact that your list is truly permission based.
When requested, you agree to provide current, complete and truthful information about yourself and/or your organization. You agree to update any such information when it changes.
Backchannel will not monitor, edit, review or disclose the contents of any Messages composed and/or sent by an End User to a third-party recipient without End User's prior permission, unless: a) as required by law; b) in compliance with legal authorities or during any legal proceeding; c) to enforce this Agreement; d) to respond to any good faith belief or claim that such Message, or any of its contents, violates the rights or interests of any third party or violates this Agreement; and/or e) to protect the rights and/or property of Backchannel, its licensors or any other third party.
As an End User composing and/or sending such Messages, you acknowledge and agree that technical processing of the Messages is required in order to send and receive such Message, to conform to the technical requirements of connecting networks, to conform to the limitations of the Services and their equipment, to conform to other similar technical requirements, or as otherwise noted in the Backchannel Privacy Policy.
Backchannel Email follows Safe Harbor principles that are part of the new US Privacy Shield regulations. The person mentioned as the data controller gives his or her consent for the international transfer of data and authorizes any Backchannel Email team member to manage said information after a support request. If you have questions about how we handle your data, contact us to contact@backchanneltechnology.com.
Despite not having any obligation to do so, we reserve the right to monitor any content that you've provided by using our site, services, community or marketplace. We reserve the right to block or delete any campaigns or messages, delete content including registration for events, promotions, deals, or social campaigns, if we feel it violates our Terms of Use or applicable laws. In no case will our monitoring or related actions make Backchannel liable or responsible for compliance with applicable obligations or laws, for which you alone are solely liable or responsible.
You allow us to collect data from your site using automation, and this may include bots, scrapers, spiders, and robots, and that the data gathered is used for our own internal purposes. We won't gather the data or use the data we've collected if you have set up a /robots.txt file to prevent and disallow collection. At Backchannel, we may obtain information that you give us in connection with how you use our site, our products (this includes email addresses, phone numbers addresses, and other info from your subscribers) and content (this includes information from storefronts).
We will never rent or sell the information from your customers without permission from you, and we will never use information from customers for any purpose or goal other than providing our services and products. If we, at any time, amend or change the policy in the previous sentence, we will give advanced notice of such changes, revisions or amendments. In return for this, you deliver to us a non-exclusive, royalty-free, worldwide, non-revocable license, with the right to publish, distribute, display, sublicense, and use information from customers only as needed by us to operate and offer our service and related products, which includes any offerings from third parties, Apple included.
Backchannel completely forbids Websites, services or products by any people who: Sell, provide, offer or offer to sell the following types of content, products or services within the realm of: sexual goods, pornography, pornographic services or anything related to those types of products, services or goods. This includes (but is not limited to): videos, software, magazines, escort services, illegal goods, drugs, accessories or contraband related to drugs, pirated software, or instructions or education on how to create grenades, bombs, illegal arms or other weapons.
Markets, displays or offers any material that exploits children or minors (anyone 18 years old and under). Offers, promotes, sells or provides either services or content related to commercial email spam, which includes but is not limited to: illegal, Web-based or even direct pharmaceutical sales. This also includes sex or sex-related products, work at home businesses, credit repair, debt relief services, financial management services, trade or stock tips, refinancing and mortgage-related services, party and/or nightclub promotion, gambling, bet-making or odds-based services, which may include but is not limited to casinos or casino games, racetrack or dog-racing bets, poker, online betting businesses, and both pro and college sporting event betting services.
Provides, markets or offers any offensive material that expresses prejudice, racism, bigotry, hatred, profanity, or any material that uses lewd, excessively violent, lascivious, dirty, or other questionable and objectionable content.
Provides, posts, markets or offers personal information about children or minors (anyone 18 and under) without the permission of their parents or legal guardians.
Promotes, posts or offers any type of product or service that is illegal in the geographic area of where the content is created, sent from or received.
Distributes or unleashes nefarious computer or technology related items that include but are not limited to viruses, harmful code, trojans, key-logging software or other types of spyware. Distributes, promotes, posts or offers services or content that solicit participation in pyramid or ponzi schemes, multi-level or channel (MLM) businesses or services that include but are not limited to work at home jobs, "get rich quick" schemes, services or content that offers ways to "build wealth" or become "financially independent".
Distributes content that could be considered threatening, defamatory, libelous or harassing. Promotes or solicits material that encourages violence or subterfuge against organizations, governments, groups, individuals or public figures, or sends out or promotes anything that gives instruction or assistance in carrying out aforementioned violence or behavior. Distributes or uses any content not owned by the sender including photos, artwork or content without the express written consent of the owner, or distributes any material that identifies or displays images of people without their express written consent.
Backchannel reserves the right to show clients' logos and names on our site as representing that they use our service for advertising purposes only. Any client can be removed from said list by simply emailing us or sending written confirmation of the same.
By accessing, using and/or registering for the Services, you shall not use the Services, in whole or in part, in any way, for the purpose of composing and/or sending chain letters, junk electronic mail, "spam," or any purpose that involves the utilization of distribution lists to any third party business or individual that has not given express specific permission to be included in such a distribution list. Any electronic mail advertisement that is composed and addressed to a third-party recipient with whom the sender does not have an existing business, commercial or personal relationship and which is not sent at the express request or consent of the recipient to receive such a Message from you is strictly prohibited (hereinafter referred to as "Spamming").
The definition of "Spamming" is determined solely by Backchannel's internal evaluation system, which involves numerous data points, including such things as your complaint rate, adherence to the CAN-SPAM Act, bounce rate, complaints from ISPs and feedback from blacklisting services and other criteria we may deem appropriate.
Backchannel reserves the right to immediately terminate any End User's license to access and/or use the Services if such End User uses the Services, in whole or in part, for Spamming purposes, and Backchannel reserves the right to seek appropriate legal action as necessary for any such violation. If you reasonably believe that any other user may be using the Services for Spamming purposes, you hereby agree that you will promptly notify Backchannel of any such violation.
You warrant that you will use contact lists with Backchannel Products only if all recipients have agreed to receive your correspondences. You agree that you will not accept consent through participation in surveys, registrations, or through contact on social media sites, unless you specifically request confirmation to send such correspondences and the recipient has specifically consented.
You agree that you will not use Backchannel Products to distribution lists, newsgroups, publicly available media addresses or purchased email addresses. Backchannel may take any permitted legal measure, without notice, to prevent unsolicited bulk emails, messages or campaigns from using Backchannel's network.
You warrant that, in using Backchannel Products, you will represent yourself and/or your organization truthfully and accurately, and will not attempt to pose as any other person or organization, real or fictional. You warrant that you will be the sole designated "Sender" (as defined in the U.S. 2003 CAN-SPAM Act and related rules and regulations; or, for Canadian recipients, of Canada's "Anti-Spam Legislation", S.C. 2010, c. 23) of any message you cause or permit to be sent using Backchannel Products.
You agree that any email you send using a Backchannel Product will truthfully and accurately represent you and/or your organization, product or service in the "Sender/From" and "Subject" section of the email heading. You agree that any such email shall include your proper physical address or valid P.O. Box that meets the United States Postal Service's registration requirements.
You agree that every email sent in connection with Backchannel Products will contain a link allowing recipients to unsubscribe from your mailing lists. Such emails must also contain a link to a Customer Privacy Policy http://www.Backchannelemail.com/email-marketing/privacy-policy that shall remain valid for no less than 60 days after you send the email. Backchannel reserves the right to review and/or revise these links to its sole satisfaction, and you warrant that you will not attempt to remove, alter or disable such links.
You agree to process unsubscribe requests within 10 days of your receipt, and will update email addresses sent through your Backchannel account. You warrant that for a recipient to unsubscribe, you will not attempt to charge a fee, require any additional personal identifying information other than an email address, nor add any additional steps beyond replying to an email or visiting a single web page. You agree that your responsibility to process and comply with unsubscribe requests survives the cancellation or termination of this Agreement and/or your Backchannel account.
You warrant that you will not use Backchannel Products to send emails that primarily promote commercial advertisements, products or services, as defined by the CAN-SPAM Act or Canada's Anti-Spam Legislation (as appropriate), to anyone who has opted out of or protested receiving such messages.
Maintaining your password and the security of your account is your responsibility. We will accept any instructions by any individual who enters your username and password, as long as this person is either the account holder or someone authorized to use the account. We may use email, a phone call or a third-party service to verify this access. Whether you sign up as a user as an individual or organization, we are not familiar with your organizational structure, nor your personal relationships (if you use our service as a person, not an entity or organization). You are liable for any activity that happens under your password and username or your authorized users. If you or your authorized users misuse your account, assets or contact lists, we may terminate the account without warning. As part of this agreement you agree to notify us of any activity on your account that is unauthorized or violates our TOU and security practices.
You may authorize other users to make use of your Backchannel account, at your discretion. You agree that you are accountable for any such user and for their compliance under this Agreement.
You must submit any disputes of charges under this Agreement within 60 days of the charge. You agree that failing to submit a dispute during that time period shall render all charges final and irrefutable.
With the exception of a death or injury that relates to our negligence, to the maximum extent of the law, under no circumstances or legal theory, tort, contract or otherwise, shall we or any of our partners, service providers, account providers, employees, third party suppliers, distributors or agents (named in this document as Backchannel Email), be liable for damages, monetary or otherwise, stemming for indirect, direct, special, cover or incidental reliance or consequential damages, even if we at Backchannel have been informed that these damages are possible, and for claims by any other party, regardless of the way or form of action, in contract tort, which includes product liability and negligence.
THE MAXIMUM LIABILITY THAT WE AT BACKCHANNEL ARE LIABLE FOR IS LIMITED TO WHAT YOU PAID FOR THE USE OF OUR PRODUCTS, SITE OR SERVICES IN THE YEAR PRIOR TO THE APPLICABLE CLAIM, LESS DAMAGES THAT WERE ALREADY PAID BY BACKCHANNEL IN THAT SAME 12-MONTH PERIOD OF TIME. SOME AREAS AND JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES, AND THIS LIMITATION AND EXCLUSION MAY NOT APPLY.
With this document, you acknowledge and agree that we determine our pricing in reliance on the limitations of liability and disclaimers of warranty set forth here, and that they reflect the allocation of risk between our company and you, forming a critical basis between the two parties.
Backchannel reserves the right to modify and/or discontinue the Services, whether temporarily or permanently, with or without notice to the users, and Backchannel shall not be liable to you or any third party for any such modification and/or discontinuance of the Services. Backchannel further reserves the right to make revisions, modifications, additions, deletions or any such changes to this Agreement at its sole discretion, at any time, with or without notice to its users.
You agree to indemnify and hold Backchannel, subsidiaries, affiliates, officers, agents, representatives, successors, members, principals and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site or services set forth in this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations, obligations and warranties set forth above. Backchannel reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of Backchannel.
If any action or proceed to enforce these rights takes place, the prevailing party will be permitted and entitled to recover attorney's fees and costs.
If there is any dispute about or involving the Services provided by Backchannel, by using the Services, you agree that the dispute will be governed by the laws of the State of Wyoming without regard to its conflict of law provisions. You agree to personal jurisdiction by an arbitrator or mediator and the federal courts of the State of Wyoming. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial (or other) Arbitration Rules (including the Emergency Interim Relief Procedures), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree to be bound by these terms and conditions, including Section 19 thereof, which provides that you desire to resolve disputes relating to Backchannel Internet Group through arbitration; and by agreeing to arbitration, you are giving up various rights, including the right to trial by jury.
In regards to the global and international nature of the web, you must comply with local rules where you live or your organization resides. More specifically but without any limitation, you must comply with any applicable laws in regards to the transmission or transfer of technical data that is exported to or from the U.S. or the place where you live or dwell. Our site and products are operated by us from our offices in the U.S., and we make no promises that our products, site or services are available or appropriate for use in other countries and locations. If you access our service or site from other countries, you do so at your own risk and are responsible for full compliance with any rules, laws or regulations of those locations. Our site is not offered in places where it is prohibited by law. In accordance with the European Directive 95/46/EC and any applicable implementing laws in your jurisdiction, including and in respect to subscriber or customer personal data, you agree that we are a data processer and you are a controller of data, and you must comply with any obligations within your role as a data controller (under applicable laws). We agree to process your customer and subscriber data per and in accordance with your instructions, the instructions in this agreement, and any other instructions that are given in the future. We will continue to take adequate organizational and technical measures against the unlawful or unauthorized accidental loss, destruction, damage and processing of your customer data (see privacy statement).
This agreement defines that you are not a restricted person. This means, by definition, that you, any officer, director, shareholder using the product or service on behalf of you are not part of an entity prohibited in the United States from engaging or processing transactions. This definition and designation may be periodically updated and confirmed by the United States Treasury Department. A restricted person falls under the designated laws, guidelines and restrictions if money laundering, as designated by the treasury or other government organizations. This may also include anyone who is listed on the denied persons, company or entities list by the United States Commerce Department. This also includes anyone who has or is suspected of engaging in chemical or biological weapons, nuclear, missiles or other activities that U.S. citizens may not contribute or involve themselves in without permission of U.S. government license, or is owned or acting on behalf of a restricted person. During this agreement, if you become a restricted person, you must notify us within 24 hours. We have the right to cancel or terminate your account without warning, effective immediately, with no liability to you provided. However, if there is any doubt, you remain liable to our company. You also agree that you will not use our products or site to either facilitated, participate in or conduct any transactions with restricted persons, except for those authorized in writing by the U.S. government beforehand. You cannot export or remove from the U.S., or allow re-export or export of our site, products or software, or any product, direct or otherwise, which includes technical data, and violates any laws, restrictions or regulations of any applicable country or the United States.
Our site, services and products are only available to organizations or people who can sign legally binding contracts under any applicable laws. Our service, sites or products are not available to anyone under the age of 18, so if you are not at least 18 years old, you cannot use our site or products. If you use our site, service or products on behalf of any organization, you warrant and represent that you are able to bind such organization by your very use of our products or site.
If any term or provision of this Agreement is determined to be illegal, unenforceable or invalid in whole or in part for any reason, such illegal, unenforceable or invalid provision(s) or part thereof shall be stricken from this Agreement, and such provision(s) shall not affect the legality, enforceability or validity of the remainder of this Agreement. If any provision or part thereof is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.
Our products, sites and services use many social tools that could let you access, manage content and post content on social media networks. Our tools also may enable you to use our products to analyze and access information on social networks. You grant us permission to access those sites and give you this particular functionality.
Our site might link to other sites controlled by third parties and may access third-party services, which could include social bookmarking, social networking, payment processing and payment services listed as a third-party service (PayPal, Google Wallet, etc.). While these links are provided as merely a convenience to you as a customer, we are not affiliated with them, and you use them at your own risk. We have no control of any third-party service accessed from our site or services, nor do we assume any reasonability for their TOU, privacy policy, or practices of these services or sites. These sites may have TOUs and guidelines different from our own, and you are urged to review and study those policies and terms before you use those services.
You agree to follow and abide by the TOU of third-party services, and must abide by this TOU, even if there's anything in those third-party terms that contradict our terms of service. You may not use third-party TOU to circumvent restrictions in our terms.
We may terminate the ability of any of our third-party services or partners to access or interact with our site, with no liability to the third party or you. These third-parties may try to take steps to change or impact our ability to provide you with some or all of our features at any time, and we will not be liable for any of these actions. We at Backchannel accept no responsibility for third-party content, policies, quality, nature or reliability. To use our services or site, you must have a social media account or email address that is valid. Paying third-party fees associated with those networks and services is your sole responsibility. You also agree that the ability to utilize features associated with third parties may be subject to TOU, capacity charges, contracts or expenses, all that are your responsibility, and may be established by your internet service provider, email service, or other service providers, which are your responsibility alone. You agree that the use of our product does not violate any restrictions or TOU by your email provider, or other applicable service providers. In no way will any reference to third-party products or services be seen as an endorsement of those third-party services or products.
If any part of this TOU is found to be either invalid or unenforceable, that specific provision will be eliminated to the minimum necessary extent so that this TOU is still enforceable and still in full effect.
The titles of the paragraphs within this agreement have no legal or contractual effect, and are merely for convenience.
No joint venture, partnership, agency or employment is created as part of this TOU. This gives you no authority to bind us in any respect.
This Agreement represents the entire agreement between you and Backchannel with respect to your use of the Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Backchannel with respect to your use of the Services.