User Agreement

  1. We have a summary version of this agreement here

  2. Welcome to artbugmail.com (the "Site"). We hope you will enjoy our Site and will visit us often. So that you may fully enjoy our Site, we would like you to be aware of the rules that will govern your use of the Site. As used in this User Agreement, “you” and “your” refers to the user of the Site, and, if you are under the age of majority, “you” and “your” includes your parents or legal guardian. “We” and “us” refers to Reasonica Ltd.

    Please read this User Agreement carefully before using the Site. Once you agree to this User Agreement, you will be granted access to the Site until your account expires, unless your access is terminated earlier for reasons described in this User Agreement.

    We may, in our sole discretion, modify, add, delete or otherwise change the provisions of this User Agreement from time to time. When we make changes to this User Agreement, we will notify you of the changes and ask for your agreement to it at that time. If you do not agree to the amended User Agreement, you may not continue to use the Site. However, please note that no changes to this User Agreement that we may make in the future will shorten the balance of your Subscription Period at the time of amendment.

    By requesting files from this Site, or by creating an account, you specifically agree to this User Agreement. If you do not agree to this User Agreement, please exit the Site.

    Registration and Your Account

    When you enter the Site, you will be asked to register by making up a username and password.

    If you forget or lose your password, you may request it to be reset by using the appropriate form linked to on the account sign in page. If you forget or lose your membership ID, we can email it to the email address that was used to create the account.

  3. If you purchase a subscription, your account on the Site is valid for one (1), six (6) or twelve (12) months following the date that the subscription was purchased.This period is referred to as the “Subscription Period”. The duration of the subscription depends upon which subscription option you puchase.

     

    4. Ownership of Intellectual Property and Restrictions on Use of Materials

    Licensing Your Content to Reasonica Ltd You will retain ownership of the Content that you and your children upload to the Site. Reasonica Ltd claims no ownership or control over any Content submitted, posted or displayed by you on or through Reasonica Ltd services. 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 Reasonica Ltd services and you are responsible for protecting those rights, as appropriate. You hereby grant to Reasonica Ltd a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as Reasonica Ltd deems necessary to enable the service to be used.

    You are one of the "other respective owners" in the paragraph immediately below.

    All materials contained on the Site, including, without limitation, software, designs, texts, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, are the property of Reasonica Ltd, its subsidiary and/or affiliated companies, third party licensors and/or other respective owners (collectively the “Reasonica Ltd Materials”), and are protected, without limitation, by U.K. and foreign copyright, trademark and patent laws. For purposes of this Agreement, the use of any Reasonica Ltd Materials on any other website or networked computer environment is prohibited. You are hereby granted a limited, non-exclusive, non-transferable license to copy and display the Reasonica Ltd Materials for non-commercial purposes only on your own computer, provided that this license is limited to the display of the Reasonica Ltd Materials in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any attempts to access the Reasonica Ltd Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. You may not use the Reasonica Ltd Materials in a manner that suggests an association with any of our products. You may not make any modifications to any Reasonica Ltd Materials.

    If you download software from the Site, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you for your personal, non-commercial home use pursuant to a personal, non-exclusive, non-assignable, non-transferable license. Reasonica Ltd keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

    Using the Site

    The Site is provided by Reasonica Ltd and is intended to be used in a safe and enjoyable fashion. Users of the Site must not:

    1. Use the Site in such a way as to offend or interfere with the use by anyone else of the Site;
    2. Submit materials to the Site that violate any law, or in any fashion that infringe or interfere with the rights of others, including without limitation materials that (a) libel, defame, or invade the privacy of any third party, or which are obscene or pornographic; (b) infringe the intellectual property rights, including copyrights, of any third party; (c) violate any law or regulation; (d) advocate illegal activity; (e) advertise or otherwise solicit funds or are a solicitation for goods or services; or (f) are treated as confidential under any contract or policy;
    3. Attempt to circumvent the security systems of the Site;
    4. Attempt to gain access to the Site in a fraudulent manner;
    5. Attempt to gain access to any other user’s accounts;
    6. Attempt to ascertain any other user’s password, or personal information by any means whatsoever, including without limitation, by use of the Site or any other website, or by e-mail communication;
    7. Attempt to use the Site for any purposes other than those intended by Reasonica Ltd, as determined by Reasonica Ltd in its sole discretion; or
    8. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
    9. Use this Site to send unsolicited bulk or commercial messages. The use of computer programs which automate the process of sending or viewing any of the Materials is strictly prohibited. We reserve the right to limit, in our sole discretion and without prior notice to you, the number of pictures or messages that you may send using the Site and/or the number of recipients to which you send such pictures or messages. 
    10. Cause the Site to be displayed in a frame of another website. Posting of any Materials from this Site on any other website, or otherwise distributing any of the Materials from this Site is forbidden except as otherwise provided for in this Agreement.
    11. Through the use of the Site violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or submit or publish libellous or otherwise unlawful material.
    12. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

  4. The Materials are provided "as is" without warranty of any kind, either expressed or implied. We are not responsible for any failure of delivery of emails sent through the Site to reach their intended recipients or to reach such recipients on the date specified by the sender.
    Technical support is only available via email.
    You understand that Reasonica Ltd uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Reasonica Ltd.

  5. Reasonica Ltd expressly reserves the right, which shall be exercised in its sole discretion, to remove any user from the Site and/or freeze the account(s) of any user who contravenes any of the provisions of the User Agreement, including but not limited to the provisions of this section entitled “Using the Site”.

    Submission Of Ideas, Features or Enhancements

    Any ideas for new or existing features or new or existing enhancements transmitted to or posted to the Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or stored or used by us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services. This includes the right to exploit any proprietary rights in such information and material including rights under copyright, trademark, service mark or patent laws. This applies, right of exploitation applies, and these terms generally apply, to all material and information that has already been provided in addition to that transmitted or posted in the future. You (and your parents, if you're under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to Reasonica Ltd. a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived.

    Security

    You are completely responsible for maintaining the confidentiality of your username, password and account. IF YOU FORGET OR LOSE YOUR USERNAME AND PASSWORD. If you forget or lose your password please refer to the “Registration and Your Account” section above.

    You are completely responsible for all activities that occur under your account. You agree to: (a) immediately notify us of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Reasonica Ltd will not be liable for any loss or damage arising from your failure to comply with this section. You may be required to change your password from time to time.

    Privacy

    Your privacy is important to Reasonica Ltd. We have a separate privacy policy about how we treat your information. To view our Privacy Policy, click the Privacy Policy link on the left of this page..

    DISCLAIMER

    THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. WE FURTHER RESERVE THE RIGHT, SOLELY IN OUR DISCRETION, TO MODIFY AND/OR DISCONTINUE THE SITE AT ANY TIME WITHOUT NOTICE, AND TO TERMINATE YOUR USERNAME, PASSWORD AND ACCOUNT, SHOULD YOU BE IN VIOLATION OF THIS USER AGREEMENT.

    INDEMNITY

    YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD REASONICA LTD, ITS AFFILIATED AND SUBSIDIARY COMPANIES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, THIRD PARTY PROVIDERS, LICENSORS, AND LICENSEES (COLLECTIVELY, THE “REASONICA LTD PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY ANY OF THE REASONICA LTD PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF ANY BREACH BY YOU OF THIS USER AGREEMENT OR CLAIMS ARISING FROM YOUR USE OF THIS SITE OR YOUR ACCOUNT(S). YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME, AT OUR SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

    LIMITATION OF LIABILITY

    NONE OF THE REASONICA LTD PARTIES NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF THE REASONICA LTD PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT THE COMPANY AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID PURSUANT TO THE TERMS OF THIS AGREEMENT.

    Force Majeure

    We shall have no liability to you for any interruption or delay in access to ArtBug Mail Web Site irrespective of the cause.

  6. General Provisions

    This User Agreement contains the entire understanding and supersedes all prior understandings or agreements between us with respect to your use of the Site. If any provision of this User Agreement is found to be illegal, void or unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of the remaining provisions, which remaining provisions shall continue in full force and effect.

    This User Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of England, and you and the Company submit to the exclusive jurisdiction of the English Courts.