Apple Direct Mail Services Ltd.

TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. These terms and conditions ("Terms") govern your use of the www.applemail.com website (the "Web Site") provided by Apple Direct Mail Services Ltd. ("AppleDirect"), with its principal place of business in the State of New York. Your rights and obligations under these Terms and in using the Web Site are not assignable. When using particular AppleDirect services, you agree to abide by and be subject to any posted guidelines, rules, and policies applicable to such services that may be posted from time to time. All such guidelines, rules, and policies are hereby incorporated by reference into these Terms.

By accessing, using or downloading any materials from the Web Site, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS. If you do not agree with these Terms, you may not access, view, obtain goods or services from, or otherwise use the Web Site.

1. GENERAL USE PROVISIONS

  1. You are hereby granted permission to temporarily download one copy of the materials including, but not limited to, information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), provided either by AppleDirect or by third party manufacturers, authors, developers and vendors on the Web Site for personal, non-commercial transitory viewing only. This is the grant of a limited, revocable license (without the right to sublicense), not a transfer of title, and under this license you may not: (i) modify or copy the Materials; (ii) use the Materials for any commercial purpose, or for any public display (commercial or non-commercial); (iii) attempt to decompile or reverse engineer any software contained on the Web Site; (iv) remove any copyright or other proprietary notations from the Materials; or (v) transfer the Materials to another person or "mirror" the Materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by AppleDirect at any time. Upon terminating your viewing of these Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession whether in electronic or printed format.

2. TERMS OF USE MODIFICATIONS

You are responsible for regularly reviewing these Terms. AppleDirect reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of these Terms, in whole or in part, at any time, without prior notice. By using the Web Site following any modifications to the Terms, you agree to be bound by such modifications.

3. SUBMISSIONS

Except where expressly provided otherwise by AppleDirect, all comments, feedback, information or materials submitted to AppleDirect through or in association with this Web Site ("Submissions") shall be considered non-confidential and AppleDirect’s property. By providing such Submissions to AppleDirect, you hereby grant to AppleDirect, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions including a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Submissions throughout the world, in all media now known or hereafter developed at AppleDirect’s discretion. AppleDirect shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. Such distributed statistics will not include your personally-identifiable information without your consent. You hereby waive all rights to any claim against AppleDirect for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Submissions.

You acknowledge that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify AppleDirect or its affiliates for all claims resulting from content you supply. You acknowledge that you are responsible for the Submissions that you provide, and that you, not AppleDirect, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

4. LINKS TO THIRD PARTIES

The links found on the Web Site will let you leave our Web Site and go to sites operated by parties other than AppleDirect. The linked sites are not under the control of AppleDirect and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Such links by the Web Site to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by AppleDirect, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between AppleDirect, or any of its affiliates, and any linked third party or their content. AppleDirect does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their web sites. You should carefully review their privacy statements and other conditions of use.

AppleDirect makes no warranties or representations of any kind as to the content or suitability of the subject matter of any web site, product or service from any such third party business or individual. AppleDirect expressly disclaims liability for direct, consequential, or incidental damages arising from the products, services, advertisements, actions, or web site content of these and any other third parties, and you waive any claims against AppleDirect for damages arising from such transactions or your reliance upon statements contained therein. You will not consider AppleDirect nor will AppleDirect be construed as, a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with the transaction. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. You agree that use of such merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, AND/OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS APPLEDIRECT LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS FOUND ON THE WEB SITE OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED FROM OR TO OUR WEB SITE.

5. DISCLAIMER

AppleDirect makes no warranty, express or implied, with respect to the content, information, or services provided through, or in conjunction with, the Web Site. We make no guarantee of the accuracy, correctness or completeness of any information on the Web Site, and shall not be responsible for: (i) any errors of omission arising from the use of such information; and (ii) any failures, delays or interruptions in the delivery of any content or service contained within the Web Site.

YOU AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND/OR INFORMATION MADE AVAILABLE OR DISCUSSED ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND.

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL APPLEDIRECT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEB SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR WITH HYPERTEXT OR GRAPHIC LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF APPLEDIRECT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM APPLEDIRECT’S NEGLIGENCE OR GROSS NEGLIGENCE. FURTHER, APPLEDIRECT DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED OR AVAILABLE THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, APPLEDIRECT'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE WEB SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THIS SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.

7. GOVERNING LAW

You agree that these Terms shall be governed and constructed in accordance with the laws of the State of New York excluding its conflicts of law principles. You agree that sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms shall be an appropriate state or federal court located in the County of New York, State of New York.

Any cause of action you may have with respect to your use of the Web Site must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of these Terms shall continue in full force and effect.

8. GENERAL

We reserve the right to release information to the proper authorities, as a result of a violation of our standards or unlawful acts, if the information is subpoenaed and/or if we deem it necessary and/or appropriate. AppleDirect has the right, but not the obligation, to refuse service, terminate accounts, or remove or edit content, in its sole discretion.

The Web Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any liability arising from its accuracy and any duty or obligation to update this information or any other content.

9. INDEMNIFICATION

With respect to any claim or suit, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, (collectively, an "Action") against AppleDirect and/or each of its affiliates, directors, officers, agents, employees or sublicensees (collectively, the "Indemnitee") arising out of or in connection with (1) an assertion that the information, content or other materials or services provided or made available by you, or the use thereof, may infringe any copyright or trademark rights of any individual or entity, or are a misappropriation of any individual or entity's trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under these Terms; and (3) any content provided by you in a chat room, message board, e-mail, or home page (created or used by you) on the Web Site, or statements made by you in the Web Site or through other media, you shall indemnify and hold harmless the Indemnitee from and against any and all damages, costs, liabilities and attorneys' fees incurred in defending and/or resolving such Action.

10. ENTIRE AGREEMENT

These Terms and our Privacy Policy contain the entire agreement between you and AppleDirect with respect to this Web Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AppleDirect with respect to this Web Site. Any rights not expressly granted herein are reserved by Apple Direct.

11. INTELLECTUAL PROPERTY

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Web Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights as a collective work and/or compilation, pursuant to international conventions and U.S. and other copyright laws. Other product and company names mentioned herein may be the trademarks of their respective owners. The contents, and every part thereof, of the Web Site are only for your personal, non-commercial use. You do not acquire ownership rights to any content, document, or other materials viewed through the Web Site. The posting of information or materials on the Web Site does not constitute a waiver of any right in such information and materials. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the Web Site. Any copying, republication, or redistribution of Web Site content, without proper attribution, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of AppleDirect and/or the respective intellectual property rights holder identified in the subject content.

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