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Terms of Service
Reel Time Emarketing hereafter referred as Reel Time provides businesses and organizations a variety of tools and resources to collect visitor email addresses and to create, launch, and manage online email campaigns. This service may not be used for the sending of unsolicited email (sometimes called 'spam').
The following are the terms and conditions for use of the Services. Use of Reel Time services signifies your acceptance to these terms and conditions.
1. Acknowledgements
Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
Reel Time may not be used for the sending of unsolicited email (sometimes called 'spam').
Reel Time may only be used for lawful purposes.
Your use of the Service is subject to the Prohibited Content and Commerce Statement.
Reel Time will not use your customer list/subscriber list or any other customer information for any other purposes than those intended with the Service.
You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email.
You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used) in connection with your use of the Services.
Every email message sent in connection with the Services must contain the Reel Time 'unsubscribe' link that allows subscribers to remove themselves from your mailing list.
You agree to process unsubscribe requests within a 10 day timeframe
You will adopt and maintain the Email Privacy Policy, which may be modified by Reel Time from time to time.
2.0 Services and Support
2.1 The Services are provided subject to this Agreement, as it may be amended by Reel Time, and any guidelines, rules or operating policies that Reel Time may establish and post from time to time (the 'Agreement'), including without limitation Reel Time's Email Privacy Policy, as linked from all email generated from Reel Time or otherwise furnished to you (the 'Policy') (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the ReelTimeEmarketing.com website, or otherwise providing notice to you, Reel Time may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service or at Reel Time's website.
2.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.
2.3 You must complete the registration form in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and files.
3.0 Fees and Payment
3.1 Fees will be billed annually or your pre-paid account will be debited for Services.
3.2 Payment for Services will be made by a valid credit card accepted by Reel Time. Fees are payable in US dollars. If you have previously provided your credit card for payment, you hereby authorize Reel Time to charge your credit card for services rendered. If Reel Time is for any reason unable to effect automatic payment via your credit card, Reel Time will attempt to notify you via email and your Reel Time account will be disabled until payment is received. Amounts paid for the Services are not refundable.
4. Email, Image Hosting & Permission Practices
4.1 Every email message sent in connection with the Services must contain an 'unsubscribe' link that allows subscribers to remove themselves from your mailing list and a link to the then current Email Privacy Policy. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to Reel Time. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.
4.2 You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact Reel Time if you have questions).
4.3 If you have used the Reel Time feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient.
4.4 You cannot mail to distribution lists, newsgroups, or spam email addresses. You cannot copy a Reel Time template or any other features or functionality from the Services and use them for any purpose other than sending emails from the Service.
4.5 You are responsible for monitoring, correcting, processing unsubscribe requests within 10 days, and updating the email addresses to which messages are sent through your Reel Time account.
4.6 Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, Reel Time cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. Reel Time, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
4.7 You are responsible for complying at all times with the Reel Time Prohibited Content and Commerce Policy.
4.8 Reel Time, at its own discretion, may immediately disable your access without refund to the Services if Reel Time believes in its sole discretion that you have violated any of the email and permission practices listed above, or the Reel Time Prohibited Content and Commerce Policy.
5. Restrictions and Responsibilities
5.1 Reel Time will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties unless required by law.
5.2 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ('Software'); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
Unless you are an authorized Reel Time Reseller, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software, or any content, including but not limited to newsletters, distributed to you by Reel Time in connection with the Services. Violation of these restrictions may result in the termination of this Agreement.
5.3 The Services shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
5.4 You acknowledge and agree that the Services and the Reel Time company names and logos and all related product and service names, design marks and slogans, are the property of Reel Time or its affiliates or suppliers (collectively, the 'Marks'). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Reel Time. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks.
5.5 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). You agree you will not access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless Reel Time and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. In addition, you acknowledge and agree that Reel Time has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although Reel Time has no obligation to monitor the content provided by you or your use of the Services, Reel Time may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
5.6 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates
5.7 For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating 'Powered by Reel Time' or a similar message. You agree to cooperate with and provide reasonable assistance to Reel Time in promoting and advertising the Services.
5.8 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Reel Time. Reel Time may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of Reel Time, Reel Time may share your information with the Marketing Partner and the Marketing Partner may share information with Reel Time. Reel Time will not provide information to companies you have not authorized for that purpose unless required by law or if you are terminated from Reel Time due to unsolicited commercial email being sent from your Reel Time account.
5.9 If you receive special discounts through a Marketing Partner, those discounts may not be available if you cease to continue to be a customer of the Marketing Partner, in which case Reel Time's standard rates will apply. The Marketing Partner may notify Reel Time of any change in your status.
6. Termination
6.1 You may terminate this Agreement at any time by calling Reel Time Customer Support. There are no refunds for any fees paid.
6.2 Reel Time may terminate this Agreement or the Services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Reel Time shall have no liability to you or any third party because of such termination or action.
6.3 Reel Time will delete any of your archived data within 30 days after the date of termination. After termination, you are required to process all unsubscribe requests within 30 days of your last email campaign. Reel Time will provide upon request the list of unsubscribe requests from your last campaign. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
6.4 If your account is classified (at Reel Time's sole discretion) as inactive for over 120 days, Reel Time has the right to permanently remove your subscriber data. Reel Time will attempt to contact you via email prior to taking any permanent removal actions.
7. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. REEL TIME DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED 'AS IS' AND REEL TIME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for Reel Time to use commercially reasonable efforts to adjust or repair the Services.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL REEL TIME OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS 'REEL TIME') BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF REEL TIME SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, REEL TIME IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF REEL TIME TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
9. Export of Services or Technical Data
You may not remove or export from the
10. Miscellaneous
10.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
10.2 Reel Time and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
10.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Reel Time in any respect whatsoever.
10.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
10.5 The Agreement shall be governed by the laws of the
10.6 Reel Time Emarketing is a trade name of RLC Promotions, LLC.
Reel Time's Policy
Reel Time has a no tolerance spam policy. Reel Time's customer support actively monitors large import lists and emails going to a large number of subscribers. Any customer found to be using Reel Time for spam will be immediately cut-off from use of the product. If you know of or suspect any violators, please notify us immediately at support@Reel TimeEmarketing.com
Every email contains a mandatory unsubscribe link - those individuals who try to remove this link will be warned that they are doing so. If the link is removed or de-activated in any way, Reel Time will terminate the customer's account.
What is Spam?
Spam is unsolicited email also known as UCE (Unsolicited Commercial Email). By sending email to only to those who have requested to receive it, you are following accepted permission-based email guidelines.
What constitutes a Preexisting business relationship?
The recipient of your email has made a purchase, requested information, responded to a questionnaire or a survey, or had offline contact with you.
What constitutes consent?
The recipient of your email has been clearly and fully notified of the collection and use of his email address and has consented prior to such collection and use. This is often called informed consent.
Isn't there a law against sending Spam?
The federal anti-spam law went into effect on January 1st, 2004 and preempts all state laws. While this new law will not stop spam, it does make most spam illegal and ultimately less attractive to spammers. The law is specific about requirements to send commercial email and empowers the federal government to enforce the law. The penalties can include a fine and/or imprisonment for up to 5 years.
How Reel Time protects you from sending spam
Reel Time is a permission-based email-marketing tool that follows the strictest permission-based philosophies:
- Communication - Your Reel Time registration page already states why you are collecting the site visitor's email address, how you plan to use their address, and that you are following the embedded privacy policy. Additionally, by accepting our license agreement you have agreed to use only permission-based lists and never to sell or rent your lists.
- Verification - Reel Time automatically sends all of your new subscribers an email confirming their interest in receiving emails from you. Additionally, if your subscriber changes his or her interests or unsubscribes, Reel Time automatically sends an email confirmation.
- Unsubscribe - Every email generated from Reel Time contains an unsubscribe link which allows your subscribers to opt-out of future email campaigns and automatically updates your subscriber lists to avoid the chance of sending unwanted emails to visitors who have unsubscribed.
- Identification - Your email header information is correct because it is pre-set for you by Reel Time. Your email campaign's 'From' address is verified and already accurately identifies you as the sender.
- Contact Information - all of your emails are pre-filled with your contact information including your physical address.
How to protect yourself from Spam: Take the Spam Test
1. Are you importing a purchased list of ANY kind?
2. Are you sending to non-specific addresses such as:
o info@domain.com, or other general addresses.
3. Are you sending to distribution lists or mailing lists which send indirectly to a variety of email addresses?
4. Are you mailing to anyone who has not explicitly agreed to join your mailing list?
5. Have you falsified your originating address or transmission path information?
6. Have you used a third party email address or domain name without their permission?
7. Does your email's subject line contain false or misleading information?
8. Does your email fail to provide a working link to unsubscribe?
9. Are you failing to process any unsubscribe requests that come to you via a reply to your email within 10 days or the request?
If you have answered YES to ANY of the above questions you will likely be labeled a SPAMMER. For more information visit The Coalition Against Unsolicited Email (www.cauce.org) or contact Reel Time Emarketing support at 1-502-614-8782 or via email at support@reeltimeemarketing.com
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