Please read these terms and conditions carefully. We know reading this stuff is boring but it is important.

Acceptable Use

1. Permission practices. You can only use Campaign Snap to send campaigns to permission based opt-in email lists. You may not import purchased, rented or any 3rd party lists of any kind, whatsoever. You cannot use Campaign Snap to send email to distribution lists or newsgroups. Emails that you send through Campaign Snap may generate spam complaints from recipients. You are responsible for ensuring that your email campaigns do not generate a number of spam complaints in excess of industry norms (about 1 in 1000). We will terminate your use of Campaign Snap if we determine that your level of spam complaints is higher than industry norms.
2. How we define spam. Any email that the recipient did not give you permission to send is considered spam. A simple test is to ask yourself "in what context did I receive this person's email?" If you have a fish bowl set up at your restaurant asking your customers to "drop in your business card for a chance to win a free lunch" those people want a free lunch. They don't want to be added to your email list. On the other hand, if you have a card at every table asking your customers to "subscribe to our email list" (along with a description of what types of email they will get) that is perfectly ok. Bottom line: no permission, no email.
3. Subscriber opt-out. You must honor the opt-out requests of your subscribers within 10 business days of their request. For your convenience Campaign Snap provides an automatic process for your subscribers to opt-out. This process can be initiated by the unsubscribe link automatically inserted by Campaign Snap in each of your campaigns to help keep you in compliance. The unsubscribe link initiates a 2-step process which allows the subscriber to confirm their intent to opt-out. Upon confirmation the user is instantly opted-put of your campaigns. You may not attempt to alter, disable, reverse engineer, remove or otherwise manipulate this link. If the user opts out by any other method such as phone, postal mail, verbally or by emailing you directly it is your responsibility to honor their request manually.
4. How we prevent spam. As an email service provider it is our responsibility to maintain the integrity of our service and be extra vigilant about preventing spam on our network. Not only is spam simply a scourge on the internet in general, if we allow spam to be sent from our system we'll get blocked by the major ISPs. That would affect our ability to get YOUR email, as well as that of all of our users, to the inbox. It's in our best interest, and yours, to keep our system and reputation clean so here's how we do it:
   • Human review. Every sign up that comes through our system is reviewed by a human before an account is created. We review the company name, address, IP address, email address as well as other factors for anything that seems suspicious. It's pretty easy to pick out a spammer.
   • ISP relations. We are in constant communication with the major ISPs about the activity coming from our system. We know exactly who sent what email from our system. So when an ISP tells us they are getting spam complaints we know exactly who the offender was and can respond appropriately.
5. Prohibited content. You may only use Campaign Snap for activities directly related to the marketing of your restaurant. Campaign Snap may not be used for email campaigns that:
   1. Violate the FTC's CAN-SPAM Law
   2. Provide, sell or offer to sell any of the following products or content: pornography, illegal goods, illegal drugs.
   3. Display or market material that exploits children, or otherwise exploits children under 18 years of age.
   4. Engage in any libelous, defamatory, threatening, or harassing activity.
   5. Include content for which you do not own the copyright or have not received expressed written permission from the copyright owner.
   6. In our sole discretion go against the letter or spirit of this agreement.

Free trial, fees, payment and refunds

1. Free Trial / Sign Up. Your entry into the Campaign Snap system begins by signing up for a free 30 day trial. During your free trial you will be limited to 1 list, 250 contacts, and 30 days of access. At any time during your trial you may upgrade your account to a full, paid account by visiting the "My Account" link in your control panel and following the instructions.
2. Fees. Current fees for Campaign Snap are published on our pricing page. We reserve the right to change our fees at any time. We will send email notifications to you if and when we do.
3. Payment.
   • Payment must be made by a valid credit card (MasterCard or Visa). Checks will be accepted for prepayments of at least six months. There will be a $20 fee for any returned checks.
   • Fees are payable in U.S. dollars only.
   • If you have provided your credit card for payment, you hereby authorize Campaign Snap to charge your credit card for such amounts on a regular basis beginning at the end of your free trial period or at such time that you upgrade to a paid account.
   • Automatic charges to your credit card will be attempted on the 1st or 15th of each month depending on when you signed up.
   • If we are unable to charge your credit card, we will attempt to notify you via email and your account will be disabled until payment is received.
   • Driven Interactive, LLC is the name that will appear on your credit card statement.
4. Refunds. No refunds are given for any reason, especially if your account is disabled due to violations of this agreement. No refunds are given for early cancellation of any monthly or prepaid term. No refunds or credit will be given for account downtime while we are unable to charge your card due to being expired, over the limit or any other reason; unless you have given us notification of your intent to cancel your account.

Restrictions and responsibilities

1. No rights in software. This is an Agreement for services and access to this web site, and you are not granted a license to any software by 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 Campaign Snap, documentation, or data related to Campaign Snap; remove any proprietary notices or labels from Campaign Snap, modify, translate, or create derivative works based on Campaign Snap or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to Campaign Snap. You cannot copy a Campaign Snap template or any other features or functionality from Campaign Snap and use them for any purpose other than sending email messages from Campaign Snap.
2. Who can use Campaign Snap. Campaign Snap may be used by a restaurant owner or its representative for purposes of marketing their own restaurant or restaurants in which it is a direct stakeholder. You must be at least 18 years of age to use Campaign Snap and must be able to form legally binding contracts under applicable law. You must complete the registration process and agree to these terms of use. All contact information you submit must be true, complete, and up to date. We reserve the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, in our sole discretion.
3. Username and password. You are responsible for maintaining the security of your account, passwords, and files. We will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password on-line, by e-mail or by phone. We have no knowledge of your organizational structure, if you are registering for Campaign Snap as an entity, or your personal relationships, if you are registering as a person. We shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password.
4. Indemnification. You hereby agree to defend, indemnify and hold harmless Campaign Snap 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 using the Campaign Snap or (iii) otherwise arises from or relates to your use of Campaign Snap. In addition, you acknowledge and agree that Campaign Snap has the right to seek damages when you use the system 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.

Termination

You may terminate this agreement at any time by emailing Campaign Snap. There are no refunds for any fees paid.

We may terminate this agreement, disable your account or put your account on inactive status, at any time, with or without cause, and with or without notice. We shall have no liability to you or any third party because of such termination or action. After termination and upon request, we will provide you with a csv formatted file containing your data. We may delete any of your data within 30 days after the date of termination. We will use good faith efforts to contact you via email prior to taking any permanent removal actions.

All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

Warranty Disclaimer

USE OF CAMPAIGN SNAP AND ANY RELIANCE BY YOU UPON CAMPAIGN SNAP, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT CAMPAIGN SNAP FUNCTIONALITY WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF CAMPAIGN SNAP. CAMPAIGN SNAP IS PROVIDED "AS IS" WE DISCLAIM 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 NONPERFORMANCE OF CAMPAIGN SNAP SHALL BE TO TERMINATE YOUR ACCOUNT AND DISCONTINUE YOUR USAGE OF CAMPAIGN SNAP.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CAMPAIGN SNAP OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "CAMPAIGN SNAP") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF CAMPAIGN SNAP 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, CAMPAIGN SNAP 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 MAXIMUM AGGREGATE LIABILITY OF CAMPAIGN SNAP TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR CAMPAIGN SNAP IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY CAMPAIGN SNAP TO YOU IN THAT THREE (3) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.