Terms & Conditions
Effective Date: March 14, 2024
These terms and conditions clarify our business relationship – what you can expect from emailMyList and what we expect from you.
By using any of emailMyList services (“Service”), you are agreeing to be bound by the following terms and conditions (“Our Agreement”). Ordering this service via any method (email, online, phone, or in-person) also binds you to these terms and conditions.
emailMyList reserves the right to update and change Our Agreement from time to time with 30 days written notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the terms of Our Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.
Service Terms
- You must be 13 years old or older to use the Service
- You must be a human. Automated uses of the Service are prohibited.
- You must have the legal right to make decisions on behalf of your company, corporation, or business.
- You are responsible for maintaining the security of your account - protecting your username and password.
- You are responsible for all Content sent and activity that occurs under your account. You are responsible for any changes made to your account by others acting on your behalf, if any.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and spam prevention laws).
Payment, Refunds & Ownership
- A valid credit or debit card is required to use the Service.
- The Service is a subscription. The credit card used to make your initial payment will be charged monthly for the Service. The monthly payment will occur on the same date as your initial payment. Payment is in advance of the Service.
- emailMyList is a division of Sparks Arts. The payee of all payments for the Service will be Sparks Arts.
- Payments are processed through our payment processors Stripe.
Cancellation & Termination of the Service
emailMyList has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other emailMyList service (see Right To Refuse Service below).
You are solely responsible for properly cancelling your account. You are free to cancel your account at any time. Cancellation may be requested by email. Cancellation will be effective at the end of your currently paid month.
Changes to the Service & Prices
emailMyList reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice if payment is not received within 30 days of monthly due date or invoice. Prices of all Services, including but not limited to monthly subscription fee, are subject to change upon 30 days notice from us. Such notice may be provided at any time by emailing you. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Right to Refuse Service
emailMyList reserves the right to refuse to do business with you. We have the right to terminate your services and give you any applicable refunds. This may occur if we determine that your needs require an extraordinary amount of effort on our part. We will try to negotiate a more suitable compensation arrangement before we terminate our relationship and services (see General Conditions below).
General Conditions
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- You understand that we may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You will not be charged additional for these services.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the terms of Our Agreement.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any emailMyList customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- emailMyList does not warrant that (i) the service will be 100% uninterrupted, timely, secure, or completely error-free (our servers will provide 99.9% uptime for your website), (ii) the results that may be obtained from the use of the service will always be accurate, and (iii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations if they are outside the realm of the described emailMyList service.
- You expressly understand and agree that emailMyList shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service.
- The failure of emailMyList to exercise or enforce any right or provision of Our Agreement shall not constitute a waiver of such right or provision. The terms of Our Agreement constitutes the entire agreement between you and emailMyList and govern your use of the Service, superceding any prior agreements between you and emailMyList (including, but not limited to, any prior versions of Our Agreement).
- You agree to settle any legal disputes with emailMyList through binding arbitration and/or mediation at an appropriate location to be agreed upon by yourself and emailMyList.