By using this service, or any other of Geocentric Media products, software, services or associated web sites, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the "Terms"). We may update the Terms in the future, and you will be able to find the most current version of this agreement at http://email.berthoud.co/terms.
Geocentric Media., its subsidiaries and affiliated companies, offer "City Brand Email" to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of "City Brand Email". You are responsible for maintaining the confidentiality of your account password and are responsible for all activities that occur under your account. You agree to immediately notify Geocentric Media of any unauthorized use of your password or account or any other breach of security. Geocentric Media cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
You agree that Geocentric Media is the sole entity with authority to sell custom branded "City Brand Email" named products. You support and agree with Geocentric Media in that it has the sole right and authority to register and operate any and all future implementations on berthoud.co generic top level domain if and when implemented by the Internet Corporation for Assigned Names and Numbers (ICANN), and that your rights to the "City Brand Email" product will be infringed upon and cause a strong likelihood of confusion if this generic top level domain name is owned, controlled and operated by any other entity than Geocentric Media.
The registration and/or renewal of a berthoud.co email address grants you a personal license to use the name for a period equal to the registration period. Other than reserved Prime Names, we register "City Brand Email" names on a first come first serve basis. We do not guarantee the availability of any "City Brand Email" names you may wish to register or renew. Geocentric Media may, in our sole discretion, refuse to process your application for the registration or renewal of a particular "City Brand Email" name.
You are required to keep a good record of the expiration dates of all your registered "City Brand Email" names. It is your sole responsibility to ensure that all your registered "City Brand Email" names are renewed prior to their expiration dates. You agree that we are not liable for any claims of damage or loss arising from any failure to renew a "City Brand Email" name. You understand and acknowledge that the renewal of a "City Brand Email" name is subject to payment of applicable fees prior to the name expiration date and that it is your responsibility to ensure that these fees are paid. If you do not renew a "City Brand Email" name on or before its expiration date, the name will no longer forward to the previously assigned forwarding email address. The name will be held in your account at Geocentric Media for ten (10) days following the expiration date (Expiration Period) and you may renew the name at any time during this period by paying the applicable subscription fees and any past-due renewal fees. Once you have paid all the applicable fees, Geocentric Media will reinstate the name to resolve to the previously assigned forwarding address.
You may transfer or sell your "City Brand Email" name to a third party provided the new registrant agrees to be bound by the "City Brand Email" Terms of Service and provided your account is in good standing. The new registrant will be responsible for ensuring the name is renewed prior to the name expiration date.
To avoid the unintentional expiration and loss of your "City Brand Email" name, Automatic Billing is the default setting for all new products and services. You acknowledge, agree and authorize Geocentric Media to automatically bill or charge to your credit card, or other applicable payment type, renewal fees for successive terms of equal length for any and all services you have purchased from Geocentric Media unless and until termination or cancellation by either party. If you choose not to use Automatic Billing, you may request we turn this off by contacting [email protected] Automatic Billing will automatically renew the registration of any of your "City Brand Email" names or other services prior to the expiration date to avoid interruption in services. Notices will be sent to account contacts to advise of upcoming expiration and pending renewals. All products or services renewed by Automatic Billing will be renewed for a registration period equal to the original registration period for which it was registered. For example, if you register a "City Brand Email" name for a two (2) year period, it will renew for another two (2) year period. Automatic Billing will continue to successively renew your names as long as you do not change your account setting and your credit card on file remains valid. For Automatic Billing to work, you must have a valid and un-expired credit card on file in your account settings. It is your responsibility to ensure that your credit card number is on file, is valid, current, not expired and active, and has adequate credit to fund the renewal transaction. If payment via Automatic Billing fails due to the inability to secure payment, your domain(s), product(s) or service(s) may expire, and you may lose your rights to use the domain(s) and/or any services for which you have registered.
"City Brand Email" requires a payment of fees. All fees are stated in U.S. dollars. You shall pay all applicable fees, as described on the email.berthoud.co website in connection with the "City Brand Email" selected by you, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise. You represent to Geocentric Media that you are the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the "City Brand Email". All fee-based "City Brand Email" virtual goods are provided AS IS with no warranties of any kind. Geocentric Media may modify and/or eliminate such fee-based services at its discretion. Geocentric Media may modify, change, increase or decrease its fee structure for any of "City Brand Email" named products at its sole discretion. This includes the right of Geocentric Media to increase pricing based on usage, number of users or data used within any "City Brand Email" name.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. Geocentric Media reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via "City Brand Email". You understand that by using "City Brand Email" you may be exposed to Content that is offensive, indecent or objectionable, and that you use "City Brand Email" at your own risk. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using "City Brand Email" and any consequences thereof. You agree to use "City Brand Email" only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts "City Brand Email", servers or networks connected to City Brand Email. To report any activity or Content that may violate the Terms, please email: [email protected]
In addition to this agreement, your use of some specific "City Brand Email" is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement. You agree to comply with your company's data usage and privacy policies. Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.
By using "City Brand Email", you acknowledge and agree that Geocentric Media may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Geocentric Media, its users or the public as required or permitted by law. You understand that the technical processing and transmission of "City Brand Email", including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.
You acknowledge and agree that Geocentric Media and any necessary software used in connection with "City Brand Email" ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through "City Brand Email" is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Geocentric Media or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, City Brand Email or Software, in whole or in part except as specifically authorized in a separate written agreement.
Subject to the Terms, Geocentric Media grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by Geocentric Media in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to "City Brand Email". You agree not to access "City Brand Email" by any means other than through the interface that is provided by Geocentric Media for use in accessing "City Brand Email" except as specifically authorized in a separate written agreement.
Except as expressly authorized by Geocentric Media you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter Geocentric Media's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the "City Brand Email" or Software.
Geocentric Media claims no ownership or control over any Content submitted, posted or displayed by you on or through "City Brand Email". You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through "City Brand Email" and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through "City Brand Email" which are intended to be available to the members of the public, you grant Geocentric Media a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on "City Brand Email" for the purpose of displaying, distributing and promoting City Brand Email. Geocentric Media reserves the right to syndicate Content submitted, posted or displayed by you on or through "City Brand Email" and use that Content in connection with any service offered by Geocentric Media. Geocentric Media furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
Your use of any Software provided by Geocentric Media will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software. "City Brand Email" Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop "City Brand Email", including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.
Geocentric Media respects the intellectual property of others, and we ask our users to do the same. Geocentric Media may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Geocentric Media the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; City Brand Email Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: [email protected]
You agree that Geocentric Media has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by "City Brand Email". You acknowledge that Geocentric Media may have set no fixed upper limit on the number of transmissions you may send or receive through "City Brand Email" or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
Upon the termination of your use of "City Brand Email", including upon receipt of a certificate or other legal document confirming your death, Geocentric Media will close your account and you will no longer be able to retrieve content contained in that account.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of "City Brand Email", use of "City Brand Email", or access to "City Brand Email" except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.
Geocentric Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, "City Brand Email" (or any part thereof) with or without notice. You agree that Geocentric Media shall not be liable to you or to any third party for any modification, suspension or discontinuance of "City Brand Email".
You may discontinue your use of "City Brand Email" at any time. You agree that Geocentric Media may at any time and for any reason, including a period of account inactivity, terminate your access to "City Brand Email", terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled, and you may not be granted access to "City Brand Email", your account or any files or other content contained in your account.
Geocentric Media reserves the right to send emails to you, using your "City Brand Email" address, in newsletter format that will include offers, special deals, events, updates, and additional offers from our clients.
Geocentric Media may provide, or third parties may provide, links to other World Wide Web sites or resources. Geocentric Media may have no control over such sites and resources and you acknowledge and agree that Geocentric Media is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Geocentric Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to hold harmless and indemnify Geocentric Media, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Geocentric Media and Partners") from and against any third party claim arising from or in any way related to your use of "City Brand Email", violation of the Terms or any other actions connected with use of "City Brand Email", including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Geocentric Media will provide you with written notice of such claim, suit or action.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF "City Brand Email" IS AT YOUR SOLE RISK. "City Brand Email" IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Geocentric Media AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Geocentric Media AND PARTNERS DO NOT WARRANT THAT (i) "City Brand Email" WILL MEET YOUR REQUIREMENTS, (ii) "City Brand Email" WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF "City Brand Email" WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH Geocentric Media WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF "City Brand Email" IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM "City Brand Email" OR THROUGH OR FROM "City Brand Email" SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Geocentric Media AND PARTNERS SHALL NOT BE LIABLE TO YOU 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 CITY BRAND EMAIL OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE CITY BRAND EMAIL; (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 "City Brand Email"; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON "City Brand Email"; OR (v) ANY OTHER MATTER RELATING TO "City Brand Email" OR Geocentric Media.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree that, except as otherwise expressly provided in the Terms, there shall be no third-party beneficiaries to the Terms.
You agree that Geocentric Media may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on "City Brand Email".
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Geocentric Media and govern your use of "City Brand Email", superseding any prior agreements between you and Geocentric Media for the use of "City Brand Email". You also may be subject to additional terms and conditions that may apply when you use or purchase certain other "City Brand Email", affiliate services, third-party content or third-party software. Choice of Law and Forum. The Terms and the relationship between you and Geocentric Media shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Geocentric Media agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California.
Waiver and Severability of Terms. The failure of Geocentric Media to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of "City Brand Email" or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.