TERMS AND CONDITIONS
Data Use Terms
MAILING LIST DATA PRODUCT AGREEMENT ("Agreement")
DIRECT MARKETING STORE, LLC (“DMS”) HAS ENTERED INTO AN AGREEMENT WITH YOU FOR THE MARKETING AND DELIVERY OF CERTAIN DATA PRODUCTS VIA DMS’ SOFTWARE APPLICATIONS OR PRODUCTS. THIS IS A LEGALLY BINDING AGREEMENT. READ IT CAREFULLY. USE OF THE DATA PROVIDED BY DMS CONSTITUTES YOUR ACCEPTANCE OF THIS PRODUCT AGREEMENT. BY ENTERING INTO A PURCHASE/SERVICES AGREEMENT WITH DMS, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY REMOVE THE DATA, TOGETHER WITH ALL COPIES FROM YOUR COMPUTER. YOU MAY BE REFERRED TO IN THIS AGREEMENT AS "CUSTOMER."
This Agreement shall be effective on the date that you first accept the terms of this Agreement ("Effective Date").
DMS grants to you a limited, non-exclusive license to use the Data (as defined below), provided that you agree to the following:
Data Products
The terms and conditions set forth in this Agreement shall apply to the following Products when one or more of such Products are provided to Customer.
InfoBase Consumer List
Business Mailing Lists
Residential Mailing Lists
Title. Customer acknowledges that the Data contained within the Products shall at all times remain the intellectual property of DMS or the third party data owners ("Data Owners") who provided the Data to DMS, and that Customer has no proprietary rights whatsoever in the Data or Products.
Permitted Uses / Restrictions:
Customer may use the Data described in this Product Schedule in accordance with the following:
1. The Data may be seeded to detect any unauthorized use or duplication thereof, and Customer agrees not to remove seeds from its mailing lists. If DMS discovers unauthorized use or duplication by Customer, DMS may invoice Customer for the full multiple use charge and pursue and other remedy at law or equity to which it may be entitled.
2. All marketing efforts, solicitations, ad copy and/or other communications to be used in connection with any list created by or for Customer derived solely from the Data (i) shall be devoid of any references to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation, or the source of the recipient's name and address; (ii) comply with all applicable privacy and data protection laws, rules and regulations; (iii) with respect to Customers who are members of the DMA, comply with all applicable privacy policies published by the DMA; and(iv) be in good taste in accordance with generally recognized standards of high integrity. Customer agrees to maintain its own internal nixie file for the suppression of its customer's records for those customers who wish to opt out of receiving telemarketing and direct mail solicitations.
3. The Data shall be examined by Customer upon the delivery thereof and Customer shall notify DMS in writing within 30 days of delivery of any questions or problems. No notification shall be accepted after 30 days.
4. DMS reserves the right to review and pre-approve the Customer's intended use of the Data, including, but not limited to, sample mail pieces, prior to “DMS’” acceptance of an order. Customer is responsible for all materials intended for mailing to names/addresses on the Data provided by DMS, and further agrees to (i) keep copies of mail materials for a period of no less than six (6) months after any mail date and (ii) provide one (1) copy of such materials to DMS upon request.
5. Notwithstanding the foregoing, any element (individual or a group of elements) provided to a Customer using "Lifestyle" Data as a selection or append may not be used in telemarketing activities.
6. In the event that Customer utilizes vehicle registration/title information, Customer agrees to promptly provide to DMS, if the Data Owner of such Data requests same of DMS, a list of states included in each mailing, and one copy of all ad copy, telemarketing script or other communications produced by or for Customer using such information. Customer agrees to comply with any future requirements imposed upon the Data Owner by any state and made known to Customer.
7. Customer acknowledges that the Federal Communications Commission ("FCC") has placed restrictions upon marketing activities using facsimile numbers for unsolicited marketing advertisements. Customer agrees that any use of facsimile numbers provided by DMS as part of the Data will be used in strict accordance with all applicable laws, rules and regulations including, without limitation, the FCC's rules and regulations. Customer shall defend, indemnify and hold harmless DMS from and against any and all claims, demands, judgments, liability, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of or resulting from Customer's use of the facsimile numbers in violation of any federal, state or local statutes, ordinances, rules or regulations.
Limitation Of Liability. IN NO EVENT SHALL DMS, OR ANY DATA OWNER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE AND HOWEVER ARISING, INCLUDING BUT NOT LIMITED TO LOST INCOME OR LOST REVENUE, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER THEORY. Any cause of action arising from or in connection with this Agreement shall be asserted within one (1) year of the date upon which such cause of action accrued, or the date upon which the complaining party should have reasonably discovered the existence of such cause of action, whichever is later.
Indemnification. Customer shall defend, indemnify and hold harmless DMS from and against any and all claims, demands, judgments, liability, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of or resulting from Customer's misuse or unauthorized use of the Data.
Special Terms and Conditions:
In addition to the foregoing, the following special terms and conditions are applicable to Customer's use of the Products:
1. If applicable and notwithstanding anything to the contrary in the foregoing, Customer may provide its own file, as enhanced with the Data, to its third party service bureau processor/consultant ("Third Party Processor") who is performing services for Customer in connection with Customer's own marketing programs; provided, that, prior to delivery of the Data to the Third Party Processor, Customer shall have obtained Third Party Processor's written agreement to:
i) hold the Data in strict confidence; ii) use the Data only in connection with the services provided to Customer as part of Customer's marketing programs; and iii) not sell, rent or otherwise provide the Data to any third party.
Privacy Policy
Privacy
DIRECT MARKETING STORE, LLC (“DMS”) has created this privacy statement in order to demonstrate our firm commitment to privacy. DMS believes that concern for everyone's privacy is a basis for sound business practices within direct marketing and other arenas. This statement is intended to apply to all visitors of websites owned and operated by DMS. If you have any questions after reading this privacy statement, you may contact us at 1-888-777-1520.
Collection of Information
DMS does not collect personally identifiable information about visitors except when visitors specifically provide such information on a voluntary basis. For example, such personally identifiable information may be gathered from the registration process for subscription sites or services. Such information may be used by DMS for the following purposes: contacting a subscriber regarding account status, changes to the subscriber agreement, special discounts, promotions, products offered and other matters relevant to the underlying service and/or the information collected.
DMS values opinions and comments from visitors, so we occasionally conduct online surveys. These surveys are entirely optional for all visitors. Most frequently, the information is aggregated and used to make improvements to DMS websites and to develop appealing content, features and promotions for visitors. Survey participants are anonymous unless otherwise stated in the survey. DMS reserves the right to perform statistical analyses of visitor’s behavior and characteristics. In order to measure interest in and use of the various areas of the site and to inform advertisers of such information as well as the number of visitors that have been exposed to or clicked on their advertising banners. DMS will provide only aggregated data from these analyses to third parties. Also, visitors should be aware that DMS may sometimes permit third parties to offer subscription and/or registration-based services through an DMS website.
DMS is not responsible for any actions or policies of such third parties and visitors should check the applicable privacy policy of such party when providing personally identifiable information. Visitors should be aware that when they voluntarily disclose personally identifiable information (e.g., user name, e-mail address) on the bulletin boards or in the chat areas of DMS sites, that information, along with any substantive information disclosed in the visitor's communication, can be collected, correlated and used by third parties. This information may result in unsolicited messages from other posters or third parties. Such activities are beyond the control of DMS.
Cookies, etc.
Visitors also should be aware that non-personal information (for example, domain names or e-mail and IP addresses) and data may be automatically collected through the standard operation of DMS internet servers or at DMS’ discretion through the use of "cookies." "Cookies" are small text files a website can use to recognize repeat visitors, facilitate a visitor's ongoing access to and use of the site, track usage behavior and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto a visitor's system and damage files. Generally, cookies work by assigning a unique number to the visitor that has no meaning outside the assigning site. Visitors to DMS websites should be aware that DMS cannot control the use of cookies, or the non-personal information collected through the cookies by advertisers or third parties hosting data for DMS If a visitor does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the visitor to deny or accept the cookie feature. However, visitors should note that cookies may be necessary to provide them with certain features (e.g., customized delivery of information) available on the DMS websites.
Opt Out Policy
Upon a visitor's request, DMS will:
- Allow any visitor to "opt out" of further promotional contacts;
- Use reasonable efforts to allow visitors to update/correct personal information previously submitted which he/she states is erroneous to the extent such activities will not compromise privacy or security interests;
- And initiate reasonable efforts to functionally delete the visitor and his/her personal information from its database. Visitors should be aware that it might be impossible to completely delete erroneous information or a visitor's personal information without some residual information remaining in its database because of backups and records of deletions.
Security
DMS is responsible for the security of personal information provided by visitors. Strict measures will be taken to assure against unauthorized access, alteration, or dissemination of personal information.
Disclosure of Information
DMS may disclose visitor information if requested or required to by law, court order, or government or law enforcement authority. In addition, DMS may in its sole discretion disclose visitor information if it believes in good faith that disclosure is otherwise necessary or advisable for any reason including without limitation rights or properties of DMS or any third party.
Changes
DMS reserves the right to change this privacy statement at anytime upon providing notification to visitors. This privacy statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any other person or entity.
RETURNS/REFUND POLICY
Mailing Lists are available for purchase and the lists are provided to the customer via electronic download. As such, all sales are final upon completion of the electronic download. No refunds will be provided for any lists upon completion of the download. In the event of an error in the download process, please contact DIRECT MARKETING STORE, LLC (DMS), at 1-888-777-1520 who will work with you to correct the download problem to insure you receive the information/list which you have paid for.
All other services provided by DMS are custom services and products, and as such no refunds or credits will be provided to the customer once the service has been started, subject to any term/cancellation provisions contained in the purchase/service agreement between yourself and DMS.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of DIRECT MARKETING STORE, LLC (DMS). The reproduction, modification, distribution, transmission, republication, display or performance of the content on this site is strictly prohibited without prior written authorization. |
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