Non-Legal Version

Welcome to PeakInbox. As email marketing practitioners, we are not lawyers and know it’s hard to read a Terms of Service. So, here is a quick (not legally binding, as our lawyers need us to remind you) summary.

Our lawyers now want us to remind you that you must read the full Terms of Service before accessing the tool.

1. You give us the right to host and serve your Annotation images and logos (how else would this work?)
2. You won’t uploaded images you shouldn’t (things someone else has a copyright to)
3. You won’t include images as part of spam
4. You have permission from your subscribers to use third parties to collect data on them
5. We will record IP addresses, user-agent strings, and anything you pass in the URL when loading an image, with the exception of email address…
   1. If you happen to pass an email in the URL (for some ESPs this must happen to make PeakInbox work), we are going to hash that email and never ever store it.
6. We don’t control everything, sometimes the Internet breaks.
7. We will help you remain compliant with CAN-SPAM, CASL, GDPR, CCPA… and others that have yet to come along.

The Really Long Legal Version

Acceptance of Terms

The web pages available at PeakInbox.com and all linked pages (“Site”), are owned and operated by PeakInbox, LLC (“PeakInbox”) is accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which governs our relationship with you in relation to the site. If you disagree with any part of the terms, then you may not access the site.

Description of Service

The Site is an online image hosting site which enables users (“Users”) to host, modify and serve images. Services include, but are not limited to, any service and/or content PeakInbox makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to graphics, images, and illustrations.

Content is included by Users in their email marketing program, and will be viewed by those you send email to (“Subscribers”) that includes Content.

Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of PeakInbox. PeakInbox reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. PeakInbox may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your photographs and images and you are directed to retain your own copies of all content posted on the Site.

Registration

As a condition to using Services, you are required to open an account with PeakInbox and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your PeakInbox account.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your PeakInbox account.

Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor.

User Conduct

All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you and not PeakInbox are entirely responsible for all Content that you upload, modify, serve, or otherwise submit to the Site. PeakInbox does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by PeakInbox. By way of example, and not as a limitation, you agree not to use the Services:

• To abuse, harass, threaten, impersonate or intimidate any person;
• To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
• For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
• To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any PeakInbox user;
• To post copyrighted Content which doesn’t belong to you.
• You will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
• To sell or otherwise transfer your profile.
• To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to PeakInbox at email: [email protected].
• You are solely responsible for your interactions with other users of the Site. PeakInbox reserves the right, but has no obligation, to monitor disputes between you and other users.

Content Submitted or Made Available for Inclusion on the Service

Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. By submitting content to the site you are granting PeakInbox a worldwide, non-exclusive license to use the Content and representing and warranting to PeakInbox that the Content is owned or duly licensed by you, and that PeakInbox is free to publish, distribute and use the Content as described herein without obtaining the permission or a license from any third party.

In consideration of PeakInbox’ agreement and for the avoidance of doubt, you agree with PeakInbox as follows:

You acknowledge that:

• A. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service.
• B. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content that you submit.
• C. You hereby license to PeakInbox all intellectual property including patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for use on the Service pursuant to these Terms. The license granted to PeakInbox includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to PeakInbox by you.
• D. You retain all of your ownership rights in your Content. For clarity and the avoidance of doubt, you hereby grant PeakInbox a worldwide, non-exclusive, royalty-free license to use the Content in connection with the Services and PeakInbox business, including without limitation for promoting the Service in any media formats and through any media channels.
• E. You agree and acknowledge that PeakInbox does not endorse copyright infringing activities and infringement of intellectual property rights on the Service, and PeakInbox will take any required or necessary action to remove all Content if properly noticed such Content infringes on another’s intellectual property rights.
• F. You agree that you shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against PeakInbox, all of which such rights are hereby expressly and irrevocably waived by you in favor of PeakInbox.
• G. You agree that to the extent permitted by applicable law, you agree to indemnify and hold harmless PeakInbox, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services.

GDPR Compliance

PeakInbox is a data processor and is in compliance with the General Data Protection Regulation (“GDPR”). PeakInbox processes personal data only according to the instructions of our Users, and therefore are subject to GDPR’s rules for data processors.

For analytic purposes, PeakInbox collects Subscribers’ IP address, user-agent string and any additional information passed by the User in the image URL (“Customer Data”) and is associated with the unique user identification number the User provided.

All Customer Data is fully deleted within 30 days. If the User passes an email address of their Subscriber’s via the image URL as is required for specific email Service Providers, PeakInbox does an irreversible hash of the email address. The Subscriber’s email address is never stored.

PeakInbox’s employees are familiar with the GDPR’s general requirements and their personal responsibilities, and are adequately trained. PeakInbox does not process sensitive information; and PeakInbox has a notification process in case of breach. Any PeakInbox GDPR related questions, access request, or consent withdrawal can be sent to the following address: [email protected]

Copyright Complaints

PeakInbox respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Any claim should be submitted to [email protected].  PeakInbox will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

If you are uncertain whether an activity constitutes Infringement, we recommend seeking advice from an attorney.

Links

The Services may provide, or third parties may provide, distributed images including links to other internet websites or resources. Because PeakInbox has no control over such sites and resources, you acknowledge and agree that PeakInbox is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PeakInbox shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Release and Indemnity

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless PeakInbox, its offices, directors, employees and agents , from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, expenses (including but not limited to attorney’s fees) arising from: (1) your use and access to the Site or the Services; (2) any violation of these Terms; (3) the sale or use of your Store Images, or (4) your violation of any third party right, including but not limited to another’s intellectual property rights or privacy rights.

Limitation of Liability

IN NO EVENT SHALL PEAKINBOX, ITS OFFICES, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE NATURE OF CLAIM INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Trademarks

PeakInbox, PeakInbox.com, Annotation Reach, and other PeakInbox graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of PeakInbox. PeakInbox’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PeakInbox. The images and icons available in the PeakInbox icon pack may be used partners and third-party sites in connection with providing appropriate links to the PeakInbox Site.

Termination

PeakInbox may terminate or suspend any and all Services and/or your PeakInbox account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your PeakInbox account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account PeakInbox will automatically remove all Content posted to your account.

Miscellaneous

• a. Modification. PeakInbox may modify the Terms in its sole discretion.
• b. Assignment, Sale, Transfer. The rights and obligations under these Terms may not be assigned, sold, transferred, or otherwise disposed of by you. PeakInbox in its sole and absolute discretion may consent to an assignment, sale, transfer, or other manner of disposition.
• c. Entire Agreement. Both parties agree that the Terms 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 Terms.
• d. Governing Law and Venue. The Services, and all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of or related to the Services, execution or performance of the Services (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in connection with the Services) shall be governed by, and enforced in accordance with the laws of the State of California. Any claim or cause of action (whether in contract, tort, or statute) that may be based upon, arise out of, or related to the Services, shall be lie in Santa Clara County, California.
• e. Survival. To the extent necessary to carry out the Services and these Terms, the obligations and rights arising from or related to the Services shall survive Termination.
• f. Severability. If for any reason a provision contained in the Terms is held to be invalid, illegal, or otherwise void, the remaining provisions of these Terms shall not be affected and shall continue in full force and effect.
• g. Waiver. No waiver of any right by either party under these Terms shall be of any effect unless such waiver is expressed, in writing, and signed by the waiving party.