Jigmail Terms of Service

Last Updated: April 14th , 2021 

The following terms and conditions as amended from time to time serve as the legal agreement between the Sender (hereafter referred to as “You” or “User” or “Sender”) and Onstream Systems Ltd (hereafter referred to as “Onstream”, Jigmail”, We,” “Us,” “Our,” or similar), a company that offers Jigsaws as a method of communicating with friends or customers (hereafter referred to “Recipients”).

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using https://www.jigmail.com (“Jigmail” or “the Service”) 

Sender’s access to and use of the Service is conditioned on Sender’s acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

AUTHORIZED USE OF WEBSITE

The Sender agrees that the services shall not be used negligently, for fraudulent purposes, or in unlawful manners. Similarly, the Sender shall agree not to be involved in any conduct or action that could damage the interests or rights of Jigmail.

The Sender shall not interfere with the function of Jigmail or its services, most particularly in impersonating another Sender or person. The Sender shall agree not to carry out actions that could damage, make unavailable, overload, deteriorate, or impede the normal use of Jigmail and other related services, as these actions could interfere with the services offered by Jigmail.

NOTIFICATIONS AND EMAILS

Providing Jigmail Sender’s email address consents to the website’s use of such to send you service-related notices, such as those required by law, in lieu of communication via postal mail. Sender’s email address may also be used to send you other messages such as changes to Service Features and/or special offers via our Newsletter. Jigmail may provide other notifications via email notice, “push” mobile notifications, or through posting of information on the Jigmail website, as determined necessary. Jigmail reserves the right to determine the form and means of providing notifications to registered users. It is not responsible, however, for any automatic filtering that you or Sender’s network provider may apply to notifications sent to the email address provided to Jigmail.

IMAGERY, CLIPS, TYPEFACES

All images, typefaces, graphic designs, and artwork featured in the website are royalty-free. They form integral parts of the jigsaws offered on Jigmail. Jigmail provides some images as templates. Sender is given the right to modify, alter, or change the template in any way as Sender sees fit. However, the prerogative remains Sender’s and Jigmail is not under obligation to do any redesign of the jigsaw for Sender’s benefit.

ERRORS, CORRECTIONS AND CHANGES

Jigmail does not represent or warrant that the Site be error-free, virus-free or free from other harmful components, nor do we guarantee that defects will be corrected. The website does not represent or warrant that the information made available will be accurate, timely or otherwise reliable. We may make amendments to the features, functionality or content of Jigmail at any time. We also reserve the right, within our sole discretion to edit or delete any documents, information or other content as we deem fit.

COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY CLAIMS

The website respects intellectual property rights of others. If Sender believe that an item or any content on the Jigmail website infringes on any intellectual property right, including copyright, please contact us at david.kelly@jigmail.com

UNLAWFUL ACTIVITIES

Jigmail reserves the right to investigate complaints or reported violations of this Agreement. We also take it upon ourselves to take action as we deem appropriate, including but not limited to the following: reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties; disclosing any information necessary or appropriate to such persons or entities. This information may include details relating to Sender’s profile, email addresses, usage history, posted materials, IP addresses, and traffic information as necessary. Please do not hesitate to contact us at david.kelly@jigmail.com for suspected unlawful activities.

THE SERVICE 

1. Jigmail offers its Senders design tools for the creation of jigsaws for the creation of advertisements, invitations, messages etc. (the “Service”). The Company shall make the Service available to the Sender subject to the terms hereof. 
2. The Company may change or update the Service at any time, including the availability of any feature, content or database, and the Company may impose limitations or restrictions on certain features and services or on the access to the Service (or any part thereof), without notice or liability. Furthermore, the Company may offer alternative or additional features to certain Senders, that may not be offered to others. 
3. In order to use the Service, the Sender shall register and create an account (the “Account”). The Company reserves the right to refuse a Sender’s registration or to block Sender’s access to the Service, at the Company’s discretion. 
4. As part of the registration process, the Sender may be required to provide the Company with certain personal information (including, name, phone number, e-mail address, etc.) and to select a password. The Sender: (i) agrees to provide the Company with accurate, complete, and updated registration information; (ii) acknowledges that he/she is solely responsible for the activity that occurs on his/her Account; (iii) agrees to keep his/her Account credentials secured; and (iv) undertakes to notify the Company immediately of any breach of security or unauthorized use of his/her Account. The Sender will be solely responsible for any losses incurred by the Company or a third party, due to any unauthorized usage of the Account by the Sender or any other third party on his/her behalf.

SENDER CONTENT 

1. While using the Service, certain data may be uploaded or transferred by the Sender to the Service to be processed by the Service on the Sender’s behalf (the “Sender Content”). Sender Content may include data, information, files, texts, designs, graphics, photographs, images,  illustrations and other content, uploaded or otherwise made available by the Sender to or by the use of the Service. As between the Sender and the Company, all rights in the Sender Content shall remain with the Sender. 
2. Sender hereby grants the Company and its Sub-processors an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, fully paid, sub-licensable right and license to access, use, process, copy, download, store, distribute and display the Customer Content, solely for the purpose of maintaining and providing the Service and as required to resolve technical and security problems or otherwise as permitted by these Terms or in writing by Sender. Sender represents and warrants that (i) Sender owns or has all the necessary licenses, rights, consents, approvals and permissions to grant the Company the aforementioned right and license and to authorize the Company and its Sub-processors to access, use, process, copy, download, store, distribute and display the Customer Content, without infringing or violating any copyrights, privacy rights, publicity rights, trademarks or any other contractual, intellectual property or proprietary of any third party; (ii) any Customer Content and any use thereof do not and shall not violate any applicable laws, including those related to data privacy or data transfer and export or any policies and terms governing such Customer Content; and (iii) Customer Content shall not include sensitive data that is protected under a special legislation and requires unique treatment (such as protected health information or credit, debit or other payment card data). 
3. Sender may not, and may not permit or aid others to upload, transfer, display, post, send, incorporate, contribute or otherwise make available to the Service any Customer Content that: (i) infringes, violates, misuses or otherwise interferes with any copyright, patent, trademark, trade secret or other right of any third party; (ii) is defamatory, abusive, harassing, threatening, racist, or constitutes an invasion of a right of privacy of another person, or is otherwise offensive, violent, vulgar, obscene, pornographic, contains nudity, or otherwise harms or can reasonably be expected to harm any person or entity; (iii) is illegal or encourages or advocates illegal activity; (iv) posts or transmits any communication or solicitation designed or intended to obtain password, account, or private information from any third party; (v) contains viruses, trojan horses, worms, or any other computer programs designed to interrupt, destroy, or limit the functionality of the Service or any system, computer software, hardware or telecommunications equipment; (vi) creates a false identity or impersonates another person; (vii) “stalks” or otherwise harasses another or is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding” and “trolling” as such terms are commonly understood and used on the internet; (viii) violates any applicable local, state, national or international law or regulation; or (ix) includes any personal information of others, including, without limitation, their names, addresses, email addresses or telephone numbers, unless Sender has permission from such persons to do so. Sender is solely responsible for any violation of the aforementioned and for any damage or loss to the Company or any other third party resulting therefrom. The Company shall not be obligated to maintain or backup any Customer Content, and it may remove any Customer Content from the Service at any time, at its sole discretion. 

INTELLECTUAL PROPERTY AND RIGHT TO USE 

1. All right, title and interest in the Service, including without limitation, any content, materials, software, know-how, data files, documentation, code, SDK, API, designs (including the “look and feel” of the Service), graphics, text, media, music, designs, audio files or other sounds, photographs, images, videos, illustrations, interactive features, methodologies, artwork, names, logos, trademarks and services marks (excluding Customer Content), any and all related or underlying technology and any updates, new versions, modifications, improvements, developments or derivatives thereof, including any product of the Service or any content created through the Service, is the property of the Company and its licensors and these Terms do not convey to the Sender any interest in or to the Service, except for a limited right of use as set forth herein, terminable in accordance with these Terms. 
2. Sender may not, and may not permit or aid others to: (i) use the Service for any purpose other than the Purpose; (ii) copy, modify, alter, translate, emulate, create derivative works based on, or reproduce the Service or any content created through the Service; (iii) give, publish, sell, resell, distribute, assign, pledge or transfer (by any means), display, sublicense, rent, lease or otherwise share the rights granted under these Terms to any third party, or use the Service in any service bureau arrangement; (iv) publish, sell, resell, assign, pledge or transfer (by any means), sublicense, rent, lease or otherwise grant any right in any work or content created through the Service; (v) reverse engineer, de-compile, decrypt, revise or disassemble the Service or any part thereof, or extract source code from the object code of the Service, or access or use the Service in order to build a competing product or service; (vi) bypass any measures the Company may use to prevent or restrict access to the Service, and/or take any action intended to circumvent or disable the operation of any security feature or measure of the Service; (vii) access the Service or Company’s systems via any means other than through the interface provided by the Company, or via automated means, including by crawling, scraping, caching or otherwise; (viii) use the Service in any manner that is illegal or not authorized by these Terms; (ix) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or Company’s service providers’) infrastructure; (x) interfere or attempt to interfere with the integrity or proper working of the Service; (xi) remove, deface, obscure, or alter Company’s or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service; or (xii) provide any third party access to the Service through Sender’s Account.
3. Sender may notify the Company of any design or functional errors, anomalies, and problems associated with the Service discovered by it and provide the Company suggestions, comments, ideas, or any other feedback regarding the Service (the “Feedback”). Any such Feedback shall become the Company’s sole property without any restrictions. The Company may use any Feedback at its sole discretion, free from any right of the Sender or any third party and without any obligation towards Sender. Sender hereby assigns to Company all right, title, and interest worldwide in the Feedback and any intellectual property rights related thereto, and explicitly and irrevocably waives any and all claims associated therewith. Sender shall not provide the Company with Feedback which infringes any third party right. 
4. The Company does not permit copyright infringing activities and infringement of intellectual property rights via the Service. To file a copyright infringement notification, please send a written communication to david.kelly@jigmail.com and the Company will follow with additional instructions. In the event that the Company believes that the Service, or any part thereof, may infringe intellectual property rights of third parties, then the Company may, in its sole discretion: (i) obtain (at no additional cost to Sender) the right to continue to use the Service or the allegedly infringing part thereof; (ii) replace or modify the allegedly infringing part of the Service so that it becomes non-infringing while giving substantially equivalent performance; or (iii) if the Company determines that the foregoing remedies are not reasonably available, then the Company may require that use of the allegedly infringing Service or part thereof shall cease, and in such an event Sender shall receive a prorated refund of any Fees paid for the unused portion of the Fee.

PRIVACY; DATA PROTECTION; ANONYMOUS INFORMATION 

1. Sender acknowledges and agrees that the use of the Service by the Sender is governed by the Company’s Privacy Policy available at: https://jigmail.com/privacy-policy (“Privacy Policy”). The Privacy Policy shall constitute an integral part of these Terms.
2. The Company may collect, monitor and use Anonymous Information (as defined below), inter alia to provide, develop, maintain, improve, demonstrate and market the Service. “Anonymous Information” means information about use of the Service which does not enable identification of an individual, such as aggregated data, metadata and analytic information.

THIRD PARTY SOFTWARE AND SERVICES

1. Sender acknowledges that the Service is hosted and made available by certain sub-processors of the Company (the “Sub-processors”). The Company may remove, add or replace its Sub-processors from time to time, at its sole discretion.
2. The Service may contain links to other third-party services or may enable Sender to access, engage and procure certain services and products provided by third parties (the “Third Party Services”). Sender acknowledges and agrees that regardless of the manner in which such Third Party Services may be presented or offered to Sender, Company does not endorse any such Third Party Services or shall be in any way responsible or liable with respect to any such Third Party Services. BY ACCESSING AND/OR USING THE THIRD PARTY SERVICES, SENDER ACKNOWLEDGES THAT ITS ACCESS AND USE OF THE THIRD PARTY SERVICES ARE AT ITS SOLE DISCRETION AND RISK, AND SENDER IS SOLELY RESPONSIBLE FOR ENSURING SUCH THIRD PARTY SERVICE ARE IN COMPLIANCE WITH SENDER’S REQUIREMENTS AND ANY APPLICABLE LAW OR REGULATION. 

PAYMENT 

1. Jigmail is New Zealand owned and operated. All transactions are conducted in US dollars or New Zealand dollars only. 
2. Sender does not get charged upfront. Payment by Sender occurs only when a recipient completes the jigsaw.
3. Jigmail tells Sender the maximum amount the campaign will cost (based on how many people the email is being sent to). Once this is notified to Sender, Sender pre-approves that budget. Sender will be charged  only for completed jigsaws. Sender will not spend more than the pre-approved budget. 
4. Billing cycle: Sender will be billed 7 days after the start of the campaign and once every 7 days until the Campaign End date
5. The Service is provided on a Fees paid basis subject to Sender registering and opening an Account
6. The Fees will be paid to the Company upon the solving of each jigsaw of each campaign
7. The transaction name will be named “Jigmail” on Sender’s bank statement. 
8. Sender hereby authorizes the Company through third party’s payment processing service, to charge the Fees via Sender’s selected payment method. Payments processed by a third party are in such third party’s exclusive responsibility and are subject to such third party’s terms and conditions. Sender agrees that such third party’s terms and conditions shall apply to its payment of the Fees. THE COMPANY WILL NOT BE LIABLE FOR THE ACTIONS OR OMISSIONS OF ANY THIRD-PARTY PAYMENT PROCESSOR. Sender hereby authorizes third-party payment processor to provide data and information to the Company. The Company will be free to replace the payment processor service from time to time or process payments itself. 
9. Credit card details may be needed to complete the purchase of services certain products offered on the Service. Sender authorizes the Company to continue to charge its credit card or any replacement card. 

TERMINATION 

1.  Company may terminate or suspend Sender’s service immediately, without prior notice or liability, if Sender breaches, or fails to comply with, any of the provisions contained in these Terms, and in each of the following events: (i) the Company believes, in its sole discretion, that Sender or any third party is using the Service in a manner that may impose a security risk, may cause harm to the Company or any third party, and/or may create any liability to the Company or any third party; (ii) if the Company believes, in its sole discretion, that Sender or any third party is using the Service in breach of these Terms or applicable laws. The aforementioned rights are in addition to any rights and remedies that may be available to the Company accordance with these Terms and/or applicable law.
2. All the provisions of these Terms which by their nature should survive termination (including, without limitation, ownership and intellectual property, warranty disclaimers, indemnification obligations and limitations of liability) shall remain in full force and effect following termination thereof, for any reason whatsoever. Termination of these Terms shall not relieve Sender from any obligation arising or accruing prior to such termination or limit any liability which Sender otherwise may have to the Company.

WARRANTY AND DISCLAIMER 

1. SENDER EXPRESSLY ACKNOWLEDGES AND AGREES THAT ACCESS TO AND USE OF THE SERVICE, AS WELL AS ANY RELATED SERVICES PROVIDED BY THE COMPANY, ARE AT SENDER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND RESULTS IS SOLELY WITH SENDER.
2. EXCEPT AS EXPLICITLY SET FORTH HEREIN, THE SERVICE IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, COMMON LAW OR OTHERWISE. COMPANY DOES NOT WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET SENDER’S SPECIFIC REQUIREMENTS OR EXPECTATIONS, OR THAT ANY INFORMATION OR ADVICE OBTAINED BY SENDER AS A RESULT OF SENDER USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION OBTAINED BY SENDER THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR IMPOSE ANY LIABILITY NOT EXPRESSLY STATED IN THESE TERMS.
3. COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE AND SENDER’S USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR COMPLETENESS OF RESPONSES, RESULTS AND LACK OF NEGLIGENCE.

LIMITATION OF LIABILITY 

NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

1. IN NO EVENT SHALL COMPANY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AFFILIATES, AGENTS, MEMBERS OR EMPLOYEES BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY: (I) SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES; (II) LOSS OF OR DAMAGE TO SENDER’S SYSTEMS, DEVICES, DATA, INFORMATION, GOODWILL, PROFITS, SAVINGS, OR PURE ECONOMIC LOSS; (III) THE FAILURE OF INDUSTRY STANDARD SECURITY MEASURES AND PROTECTIONS; AND/OR (IV) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES; REGARDLESS OF (A) WHETHER COMPANY, ITS AFFILIATES OR THIRD-PARTY PROVIDERS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE; OR (B) THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT).
2. SENDER SPECIFICALLY AGREES THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY UNLAWFUL, EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OF ANY OTHER PARTY ON OR THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF SENDER’S RIGHTS BY ANY OTHER PARTY, INCLUDING, WITHOUT LIMITATION, PRIVACY RIGHTS.
3. TO THE EXTENT PERMITTED BY LAW, COMPANY’S AGGREGATE AND TOTAL LIABILITY FOR ALL DIRECT CLAIMS, DAMAGES AND LOSSES (WHETHER IN CONTRACT, TORT OR OTHERWISE), IS LIMITED TO THE FEES PAID TO THE COMPANY FOR USE OF THE SERVICE IN THE SIX MONTHS PRECEDING THE CAUSE OF THE CLAIM, PROVIDED, HOWEVER, THAT IN THE EVENT OF SERVICES PROVIDED BY THE COMPANY FOR NO CONSIDERATION, THE COMPANY’S AGGREGATE AND TOTAL LIABILITY SHALL BE ZERO.

INDEMNIFICATION 

1. Company shall indemnify, defend and hold harmless Sender from and against any claim, suit or proceeding brought against the Sender and shall pay any reasonable costs, damages, liabilities and expenses incurred by the Sender, to the extent such claim, suit, or proceeding is based on an allegation that the Service or the use thereof infringes any third party intellectual property right. Sender shall give Company prompt written notice of any such claim made against it and shall grant Company sole control of the defense of any such claim, suit or proceeding, including appeals, negotiations and any settlement or compromise thereof, except that Company shall not enter into any settlement that affects Sender’s rights or interest without Sender’s prior written approval, which may not be unreasonably withheld or delayed. Sender shall, at Company’s request and expense, provide such information and assistance in the defense of such claims as reasonably requested by Company. The foregoing indemnification shall not apply in the event of (i) access to or use of the Service that is not permitted by these Terms or otherwise outside the scope of the Purpose; (ii) breach of these Terms by the Sender; or (iii) violation of any applicable law by the Sender.
2. Sender shall defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, liabilities, loss, reasonable expense or costs (collectively, “Losses”) incurred as a result of any third party claim (i) related to any Sender Content, including infringement or violation of a third party’s right (including without limitation, intellectual property or privacy rights); or (ii) resulting from Sender’s breach of these Terms

MISCELLANEOUS 

1. While using the Service, the Sender will comply with applicable laws.
2. The Company reserves the right to change these Terms at any time by posting a new version at: https://jigmail.com/terms-conditions. In the event of a material change, the Company shall notify the Sender by posting a notice in the Service or in the Company’s website, or by sending the Sender an email. Any such modifications shall become effective immediately upon posting.
3. Sender acknowledges and accepts that Company has the right to use Sender’s name and logo to identify Sender as a Customer of Company or user of the Service, on Company’s website, marketing materials or otherwise by public announcements. Sender may revoke such right, at any time, by contacting the Company at david.kelly@jigmail.com. 
4. Force Majeure. Neither Company nor Sender will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, interruption or failure of the Internet or any utility service, failures in third-party hosting services, strikes, shortages, riots, fires, pandemic diseases, acts of God, war, terrorism, and governmental action.
5. . These Terms and its performance shall be governed by the laws of the State of New Zealand, without regard to conflict of laws’ provisions that would result in the application of the laws of any other jurisdiction. The parties hereto submit the exclusive jurisdiction to the courts of New Zealand.
6. WHERE PERMITTED UNDER APPLICABLE LAWS, SENDER AND COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both Sender and the Company agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
7. These Terms (and the other terms, agreements and policies referenced herein) constitute the entire agreement between Sender and the Company with respect to Sender’s use of the Service, and supersede all prior or contemporaneous understandings regarding such subject matter.
8. Company may assign at any time any of its rights and/or obligations hereunder to any third party without Sender’s consent. Sender may not assign any of its rights or delegate any obligations hereunder, in whole or in part without the prior written consent of Company, and any attempt by a Sender to do so shall be deemed null and void.
9. The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third party beneficiaries to these Terms.
10. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect, and such provision shall be reformed only to the extent necessary to make it valid, enforceable and legal.
11. The failure of the Company to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed by Company in writing.

For any questions or queries about these Terms or the Service in general, please do not hesitate to contact us at the following e-mail address: david.kelly@jigmail.com.