Terms & Conditions
By using the Mailbloom service or accessing the Mailbloom website you are agreeing to the terms and conditions that appear below.
1. Mailbloom is owned and operated by Gravitywell, UK. All content on this website and provided as part of the Mailbloom service belongs to Gravitywell.
2. Users of the Mailbloom service are responsible for monitoring their own quota limits. Gravitywell accepts no responsibility for unsent emails due to quota limits being reached.
3. Emails sent from the Mailbloom system will be monitored in order to ensure that unsolicited emails (spam), pornographic emails, or emails containing offensive or other inappropriate content are not being sent.
4. We reserve the right to cancel your access at any time if excessive spam complaints are recieved or it is suspected that you are using the service to send spam.
5. We reserve the right to cancel your access at any time if we suspect you are sending pornographic or other offensive or inappropriate content.
6. We reserve the right to cancel your access at any time due to non-payment of any fees associated with the Mailbloom service.
7. All emails sent from the Mailbloom system will include the message "This email sent by Mailbloom - Responsible Email Marketing", or a variation thereof, at the end of the email. This message will include a link to the Mailbloom website.
8. Users of the Mailbloom service are responsible for manually unsubscribing users from their mailing lists should those users request unsubscription through any means other than the link provided on all emails sent by Mailbloom.
9. Users of the Mailbloom service are responsible for keeping total confidentiality of the password and username that may be assigned to you on registration. As a result users are fully responsible for all actions and activities that take place under such password and username. If you believe there has been an unauthorised use of your password and your username or if their confidentiality is in any way compromised, it is your responsibility to contact us immediately at mb@philosoft.co.uk.
10. No warranties
Gravitywell does not provide any warranty against infringement of
title and makes no express warranties.
Gravitywell does not give any warranties in respect of this website, content,
software or services available through the site. These site services are
provided on an "as is", "with all faults" and "as available" basis. To the
extent allowed by applicable law, Gravitywell hereby disclaims all warranties,
conditions or duties of all types whatsoever (except any duties of good
faith), including without limitation, any implied warranties of merchantability
or of fitness for a particular purpose, any express or statutory warranties,
and any warranties or duties regarding accuracy, timeliness, completeness,
performance, lack or negligence or of workmanlike effort. Additionally,
Gravitywell makes no warranty that the site services are free from infection by
viruses or anything else that has contaminating or destructive properties.
11. No incidental or consequential damages
To the full extent allowed by applicable law, you agree that Gravitywell will
not be liable to you and/or any third party for any consequential or incidental
damages (including but not limited to: lost profits, loss of privacy or for
failure to meet any duty including but not limited to any duty of good faith,
lack of negligence or of workmanlike effort) or for any other indirect,
special, or punitive damages whatsoever that arise out of or are related to the
site services or to any breach of the terms by Gravitywell, even if Gravitywell
has been advised of the possibility of such damages and even in the event of
fault, tort (including negligence) or strict liability.
12. Limitation on damages; exclusive remedy
You agree that your only recovery for any damages that you may incur, and your
exclusive remedy, shall be limited to the direct damages you actually incur in
reasonable reliance on the applicable site service up to a limit of the
following, at Gravitywell's election: (1) a refund of the amount you paid (if
any) in total during the month in which the damage is first incurred, less any
reasonable allowance for complying services, or (2) correction or replacement
of the service. All limitations will apply to all legal and equitable theories.