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Klonc Pte Ltd, a Singapore incorporated company
(UEN: 200713870R) ("Klonc," "we," or "us") provides businesses and
individuals with an online service platform to enable users to
sign-up web site visitors, collect and manage visitor sign-up data,
execute e-mail communications with visitors, contacts and
subscribers, and create and manage e-marketing
campaigns(collectively known as the "Services").
These Services may not be used for the sending of unsolicited
e-mail ("spam") or for the sending or hosting of illegal or
prohibited content under prevailing law and regulations.
The following are the terms and conditions for use of these
Services. By clicking "I agree" button on the Account
Registration Page or by logging in to your Jive!™ account, you
acknowledge that you have read, understood and accept these Terms
and Conditions of Use.
1.1 The Services are
provided subject to these Terms and Conditions of Use and any
guidelines, rules or operating policies that Klonc may establish,
post online and/or notify to you from time to time (collectively
the "Agreement"). These Terms and Conditions of Use,
guidelines, rules and operating policies may be amended or updated
by Klonc from time to time. By posting updated versions of the
Agreement at the Jive!™ web site, or otherwise providing notice to
you, Klonc may modify the terms of the Agreement and may
discontinue or revise any or all other aspects of the Services at
its sole discretion. All such changes shall become effective upon
the posting or notification of the revised Agreement.
1.2 The Services are available only to persons or
entities who can enter into legally binding contracts under
applicable law. Without limiting the foregoing, the Services are
not available to individuals under the age of 21. If you do not
qualify, please do not use the Services. If an individual
purports, and has the legal authority, to sign these Terms and
Conditions of Use electronically on behalf of an employer or
client, "you" refers to the employer or client. If not, "you"
refers to the individual signing hereon.
1.3 If you are accessing or using the Services through a
third party service or web site (a "Third Party Service"), you
agree and acknowledge that Klonc is not responsible or liable for
any actions of such third party or for any aspect or result of such
Third Party Service. You use such Third Party Service at your own
risk. You further agree and acknowledge that Klonc may
terminate such Third Party Service's ability to interact with the
Services at any time, with or without notice to you, and in Klonc's
sole discretion, with no liability to you or to the third
party.
1.4 Klonc makes no guarantee that HTML messages will be
rendered properly on all recipients' e-mail programs, due to the
wide variety of HTML generation tools available. Though Klonc will
make every attempt to make sure that all e-mail messages sent
through our servers follow e-mail standards, we cannot guarantee
that messages will look consistent across all e-mail platforms due
to the number of different HTML composition tools available. You
acknowledge and agree that not all e-mail messages sent through the
use of the Services will be received by their intended recipients
or in the manner that you expect.
1.5 You need to register for an Account to start the use
of the Services. You agree to provide true, accurate, current and
complete information about yourself as requested in the
registration form. As part of the registration process, you
will identify an e-mail address and password for your Jive!™
account. You acknowledge and agree that you are responsible for
maintaining the security of your account, passwords and any other
resources and files, and for all uses of your account and of the
Services in your name. Klonc reserves the right to refuse
registration of, or cancel, accounts it deems inappropriate.
1.6 For every email message sent or microsite provided in
connection with the Services, you acknowledge and agree that Klonc
may add an identifying footer stating "Email Marketing by Jive!™,"
"Powered by Jive!™ " or a similar message.
2.1 When you have exceeded
the subscriber/contact limit or the number of emails, you will be
subject to monthly subscription fees in accordance with the
subscription plan on the "Pricing" page of this website. The fees
are based on the highest number of subscribers/contacts in your
account at any time during the previous calendar month. If
selected by you, you will also be billed for related offering and
services, in accordance with the fees on the "Pricing" page.
2.2 Payments are due for the full month for which
any part of the month is included in the "Term." The "Term" is the
time during which you are entitled to use our Services.
Monthly payments are due on the same date, or the closest date, to
the date of the month you signed up with us and made your first
monthly payment (the "Pay Date"). For any month for which you
have already paid, and for which you increase either your number of
e-mail addresses or the number of e-mails you send out to an amount
that causes you to advance to another pricing level, except as
otherwise provided in this Agreement, you will be required to make
payment for the higher level on or before the Pay Date for the
following month. If the Term ends before such payment is due, you
will still be required to make one payment at the higher
level.
2.3 Whenever you increase the number of e-mail addresses
you are using or the number of e-mails that you are going to be
sending so that you advance to a more expensive level, we may, at
our sole discretion, require you to pay the difference in the
monthly payment before the next e-mail is sent out.
2.4 You may elect to buy "E-mail Credits" to use our
Services, as explained on the "Pricing" page of our website, rather
than sign up for a monthly plan. If you elect a "Pay-as-You-Go
Plan," you will still be considered a "Member" and all the terms of
this Agreement will still apply to you other than the requirement
that you pay us monthly.
2.5 The fees quoted on the "Pricing" page
excludes Singapore Goods and Services Tax ("GST"). If you are
based in Singapore, we will include GST at the prevailing rate
(currently at 7%). Klonc determines whether GST is applicable
based on your billing address, domain name or IP address.
2.6 Fees are payable in SGD dollars. Payment for
Services will be made through Paypal. You will need to sign
up for a Paypal account if you do not have one. Fees will be
billed monthly even if you are not actively using the
Services.
2.7 All subscription plans are subject to change
at any time. Please refer to the "Pricing" page from time to time
for the changes applicable for the subscription plans.
2.8 All fees paid to Klonc for Jive!™ are
non-refundable, unless an account is terminated by Klonc for a
reason other than violation of these terms of use.
2.9 For the purposes of this Agreement, each
unique e-mail address will count as one
subscriber/contact.
3.1 This is an Agreement
for Services. You are not granted a license to any software under
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. 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.
3.2 You acknowledge and agree that this web site
and the information which it contains, the "Klonc" and "Jive!™"
names and logos and all related product and service names, design
marks and slogans, are the property of Klonc 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 Klonc. 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. All ownership rights
remain in Klonc or its third party suppliers, as the case may
be.
3.3 You represent, covenant, and warrant that you
will use the Services only in compliance with the Agreement and all
applicable laws (including but not limited to policies and laws
related to spamming, privacy, obscenity, or defamation). You agree
you will not access or otherwise use third party mailing lists in
connection with preparing or distributing unsolicited e-mails to
any third party. Although Klonc has no obligation to monitor the
content provided by you or your use of the Services, Klonc 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.
3.4 The Services may only be used for lawful
purposes. Transmission or solicitation of any material that
violates Singapore or any relevant laws that may apply in your
local area is prohibited. This may include material that is
obscene, threatening, harassing, libellous, or in any way a
violation of intellectual property laws or a third party's
intellectual property rights.
3.5 In using the Services, you may provide
information (such as name, contact information, or other
registration information) to Klonc. Klonc 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.
3.6 Klonc will not use any of your subscriber
lists 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. In addition, Klonc will not use
your customer information for the purpose of sending unsolicited
commercial e-mail.
3.7 You will adopt and maintain the
Privacy Policy, which may be modified by Klonc from time to
time.
3.8 You may not use Klonc to distribute illegal
contests, pyramid schemes, chain letters, or multi-level marketing
campaigns.
3.9 You may not use Klonc to send email campaigns
that link to or display nudity, obscene content, gambling related
content, pharmaceutical related content, illegal software, viruses,
or to distribute any other content that we deem
inappropriate.
4.1 Every email message
sent in connection with the Services must contain an "unsubscribe"
link or other mechanism that allows subscribers to remove
themselves from your mailing list. 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 Klonc. If an unsubscribe link is not detected, an
unsubscribe link will automatically be included. 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.
4.3 You cannot mail to distribution lists,
newsgroups, or spam email addresses.
4.4 You are responsible for monitoring,
correcting, processing unsubscribe requests within 10 days, and
updating the email addresses to which messages are sent through
your Jive!™ account.
4.5 E-mails that you send through the Service may
generate abuse complaints from recipients. As a matter of privacy,
Klonc cannot share with you the e-mail addresses of those who
complain about your e-mail campaign. You are responsible for
ensuring that your e-mail campaigns do not generate a number of
abuse complaints in excess of industry norms. Klonc, 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.
4.6 Klonc, at its own discretion, may immediately
disable your access without refund to the Services if Klonc
believes in its sole discretion that you have violated any of the
e-mail and permission practices listed above, or this Agreement
generally. Klonc shall not be liable for any loss you may suffer or
be exposed to as a result of Klonc disabling your access to the
Services.
5.1 You may terminate this
Agreement at any time by sending an e-mail message to
subscription@klonc.com or by sending written notice to
Klonc Pte Ltd, 10 Anson Road #19-14 International Plaza Singapore
079903. Correspondence must include your first name, last name, and
Jive!™ UserID. No refunds will be issued if you terminate
this agreement.
5.2 Klonc may terminate this Agreement or the
Services at any time with or without cause, and with or without
notice. Klonc shall have no liability to you or any third
party because of such termination. If Klonc terminates this
agreement because you violated any clause in this terms-of-use
document, no refund will be issued.
5.3 Klonc may delete any of your archived data
within 30 days after the date of termination. All sections of this
Agreement which by their nature should survive termination will
survive termination, including, without limitation, ownership,
warranty disclaimers and limitations of liability.
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. KLONC 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 KLONC
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 non-performance
of the Services shall be for Klonc to use commercially reasonable
efforts to adjust or repair the Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL KLONC OR
ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS,
INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS,
DIRECTORS,EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED
TO FOR PURPOSES OF THIS SECTION AS "KLONC") BE LIABLE TO YOU OR ANY
OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN
IF KLONC 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, KLONC 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 KLONC TO YOU WILL
BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU.
You hereby agree to defend, indemnify and hold harmless Klonc 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 (i) arises from any
alleged breach of this Agreement, (ii) arises from the content or
effects of any messages you distribute or events you host using the
Services or (iii) otherwise arises from or relates to your use of
the Services. In addition, you acknowledge and agree that Klonc 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. In addition, in the
event that Klonc is required to respond to a law enforcement
subpoena that is related to your use of the Services, Klonc may in
its sole discretion require you to reimburse Klonc for its
reasonable expenses associated with complying with such
subpoena.
9.1 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.
9.2 Klonc 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.
9.3 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 Klonc in any respect
whatsoever.
9.4 In any action or proceeding to enforce rights
under the Agreement, the prevailing party will be entitled to
recover its costs and attorneys' fees.
9.5 The Agreement shall be governed by the laws
of Singapore without regard to its choice or law or conflict of law
provisions. All legal actions in connection with the Agreement
shall be brought in the courts located in Singapore.
To use Jive!™, a Windows PC with Internet
Explorer 4.0 or higher must be used. Additionally, a stable
connection to the Internet is required. Jive!™ may work in a
limited manner on Macintosh, Unix, and other platforms, but there
is no guarantee of functionality on non-Windows platforms.
Additionally, Jive!™ may work in a limited manner on a non-Internet
Explorer web browser (such as Netscape Navigator), but there is no
guarantee of full functionality on web browsers other than
Microsoft's Internet Explorer.
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