Welcome to IncrediMail’s Creative Material Terms & Conditions!
IncrediMail is a premier Internet destination dedicated to the distribution of great visual content via Email and tools to enhance the viewer’s experience. IncrediMail allows individuals to customize Email Letters, eCards, Animations, Sounds and Notifiers.
Please Read These Terms and Conditions Before You Submit Creative Material To IncrediMail. You Must Comply With Them In Order To Submit Creative Content To Be Distributed By The IncrediMail Site Or Any IncrediMail Services.
Terms and Conditions
Before you submit creative material to IncrediMail, it is important that you carefully review the Terms and Conditions of usage set forth below. The Terms and Conditions may be updated or changed from time to time and you should check this page periodically.
By submitting any type of creative material or content to IncrediMail, you accept these Terms and Conditions and agree to be legally bound and subject to them. Acceptance of the Terms and Conditions creates a binding legal agreement between you and IncrediMail that you will comply with the Terms and Conditions. Submitting creative material to IncrediMail is conditioned on these Terms and Conditions and your compliance with them. If you do not agree to the Terms and Conditions, do not submit anything to IncrediMail.
What Happens if I Violate These Terms and Conditions?
Persons who violate the Terms and Conditions may have their materials, or portions thereof, suspended, deleted or removed without warning. IncrediMail will not return removed materials to a member. IncrediMail is not responsible for any loss of data resulting from removal of member material.
What Content or Materials Are Not Allowed on The IncrediMail Site?
IncrediMail is committed to promoting the free-flowing exchange of graphic expression relating to Member’s interests, activities and hobbies while maintaining standards consistent with the Internet community and the societies of the world. Accordingly, no one may submit to IncrediMail, process, digitize, post, upload, store, share or otherwise display on the IncrediMail Site:
- Content or material that we believe is pornographic, obscene, or of an adult or sexual nature;
- Content or material that we believe is grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity;
- Content or material that exploits children under the age of 18 or posts or discloses any personally identifying information about children under the age of 18;
- Content or material promoting or providing instructional information about illegal activities, promoting harm or injury to any group, individual or cruelty to animals including, but not limited to:
- Instructions on how to assemble or use bombs, grenades or other weapons; and
- Disseminating personal information about another individual for malevolent purposes, including libel,
slander, defamation or violation of an individual’s right to privacy.
- Copyrighted content or material that is used without the express permission of the owner;
Photographs and other images published in books, magazines, posters, calendars, websites and other media are generally protected by copyright law. Sending these images to IncrediMail without the owner's permission constitutes copyright infringement.
- Content or material that infringes or encroaches on the rights of others, including, but not limited to, infringement of privacy and publicity rights and harm to reputation; or
- Any links to the above.
IncrediMail has the sole discretion to decide whether content or material is prohibited on the Site and any materials submitted may be examined from time to time. You acknowledge that although IncrediMail does not and cannot examine all content and material submitted or transmitted to the Site, IncrediMail has the absolute right (but not the obligation) to delete, move and edit content and material for any reason, in any manner, at any time, without notice.
You, and not IncrediMail, are solely responsible and liable for all content posted and stored in the IncrediMail site.
How Do the Copyright Laws Apply to Materials I Submit to IncrediMail?
As a condition to submitting content to IncrediMail, you hereby grant IncrediMail a perpetual, universal, nonexclusive right to copy, display, modify, alter, transmit and distribute any materials provided by you to the IncrediMail site, email client and other electronic or printed marketing deliverables. You are the owner of all materials submitted by you to IncrediMail and you represent and guarantee to IncrediMail, as a condition of submission, that you are the legal owner of the copyright to all materials you submit to IncrediMail or that you have permission from the copyright owner to submit the materials to IncrediMail.
What Do I Do If I Think There May Be a Copyright Infringement?
If you believe that your material or the material of another has been wrongfully copied, IncrediMail has a process for you to register your complaint through a link on the bottom of each page on the Site titled "Report Copyright Violations." In order for IncrediMail to investigate and address your complaint, please provide IncrediMail with all information requested.
How Are Copyright Infringement Claims Handled?
Upon notice of a potential copyright infringement, IncrediMail may immediately delete or suspend access to the infringing material. IncrediMail may also provide the member who posted the allegedly infringing material with contact information for the complaining party and may ask that the member work with the complaining party to resolve the dispute.
If a clear copyright, trademark, patent, publicity rights, or other infringement comes to the attention of IncrediMail, IncrediMail reserves the right to delete all infringing files without receiving a complaint from the person whose rights have been infringed.
What If Materials I Submit To IncrediMail Are Lost or Corrupted?
IncrediMail urges all members to maintain backup versions of their materials to guard against losses of any kind. IncrediMail is not responsible for any loss of data and/or files, nor is it required to return any data, resulting from IncrediMail’ suspension or deletion of data and/or files, network or system outages, file corruption or for any other reason.
By Submitting Material to IncrediMail, You Agree To Indemnify IncrediMail for Any Claims Resulting From Your Violation of These Terms and Conditions.
YOU AGREE TO INDEMNIFY AND HOLD INCREDIMAIL, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS, LICENSORS AND ANY OTHER PARTNERS AND EMPLOYEES HARMLESS FROM ANY AND ALL LOSSES, EXPENSES, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS, YOUR USE OF THE INCREDIMAIL SERVICE, AND THE CONDUCT OF ANOTHER ACCESSING THE INCREDIMAIL SERVICE THROUGH YOUR MEMBERSHIP.
IncrediMail Makes No Warranties To People That Submit Content To IncrediMail.
INCREDIMAIL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limited Liability of IncrediMail.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT INCREDIMAIL WILL HAVE NO LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH YOUR SUBMISSION OF MATERIALS TO INCREDIMAIL, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Law Governing This Agreement.
This Agreement will be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. By Submitting Material to IncrediMail you agree to personal jurisdiction of the state and federal courts of the State of New York.
IncrediMail May Amend These Terms and Conditions At Any Time.
You agree that IncrediMail reserves the right to amend these Terms and Conditions at any time, for any reason, and without notice, including the right to terminate IncrediMail services or any part of the services.
This is The Entire Agreement Between You and IncrediMail.
These Terms and Conditions are the entire agreement between you and IncrediMail and govern your submission of materials to IncrediMail. This agreement supersedes any prior agreements between you and IncrediMail. The failure of IncrediMail to enforce any right or provision of this agreement does not constitute a waiver of the right or provision. If any portion of this agreement is deemed to be invalid, the other portions of the agreement will remain in full force and effect.
We welcome you to submit your creative material to IncrediMail!