Wix Email Marketing Terms of Use

December 31, 2018

These Wix Email Marketing Terms of Use (hereinafter, these "Email Marketing Terms") between Wix.com Ltd. (hereinafter, “Wix”, "us" or "we") and you sets forth the terms and conditions which govern your use of the Email Marketing application and/or related services thereto (hereinafter, the "Service") provided by Wix. These Email Marketing Terms are in addition to the Terms of Use, which also govern the use of the Service, and collectively shall be referred to as the “Terms". If any of these Email Marketing Terms conflict with the Terms of Use,, the terms set forth herein shall control to the extent they relate only to your use of the Service, otherwise the  Terms of Use shall control.

 

PLEASE READ THE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE AND SHOULD IMMEDIATELY CEASE SUCH USE. WIX MAY MODIFY THESE SHOUTOUT TERMS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED SHOUTOUT TERMS ON THE SITE OR VIA EMAIL. YOUR USE OF THE SERVICE FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE TERMS PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS.

 

1. Limited License: Use of Service

1.1. Wix grants you a limited personal, non-exclusive and non-transferable right and license to access and use the Service for your internal purposes only and you shall not use the Service for timesharing or service bureau purposes or otherwise for the benefit of a third party.

 

1.2. The Service shall contain, without limitation, e-mail design and delivery services, marketing services, review and message boards and various other message communication applications

 

 

2. Prohibition on Spam: Permission Practices

2.1. The Service may not be used for the sending of unsolicited email messages (hereinafter "Spam"). All messages sent by means of the Service shall be in compliance with the Terms. You must ensure that all recipients to whom you intend to send emails to (each a "Recipient"), have fully "opted-in" and expressly consented to receive e-mails from you and, therefore, have specifically acknowledged that you may be sending them email. All email addresses must be valid. You may not send any message to a Recipient who "opted-out" through the "unsubscribe" link or otherwise, or recipients who never expressly consented to receipt of email messages

 

2.2. You are responsible for ensuring that your use of the Service do not generate a number of Spam or other complaints in excess of industry standards. Complaints from Recipients or any other person related to Spam are seen in direct violation of these Terms and may lead to the immediate suspension of the Service or termination of the Service.

 

2.3. You agree not to send messages through the Service to distribution lists, newsgroups, publicly available press or media addresses or purchased/rented email addresses.

2.4. We reserve the right without notice to take all measures of any nature (whether legal, technical or otherwise) to prevent unsolicited bulk email and/or other unauthorized email, messages or campaigns from entering, utilizing or remaining within the Service.

 

2.5. In your use of the Service, you shall represent yourself and/or your organization accurately and will not impersonate any other person, whether actual or fictitious.

 

2.6. You understand that you are the sole or designated sender/email marketer of any email communication sent by you through our Service, pursuant to any law or act and any rules or regulations promulgated thereunder, applicable to your use of the Services (e.g. CAN-SPAM Act of 2003, Canada's Anti-Spam Legislation, S.C. 2010, c. 23 and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002), and as such you are required to comply with such laws and any other laws in other jurisdictions that may apply to your use of the Service, and be responsible for any violation of any such applicable laws.

 

2.7. You must ensure that all emails are compliant with any disclosure requirements that apply to the sender/email marketer (e.g. form of entity, place of incorporation, etc.) pursuant to the law applicable to you, your email or your Recipients. Without derogating for the generality of the foregoing, you agree that for any email message sent by you using the Service, (i) the email address which will be presented as the sender's email address of any email message sent by you using the Service will accurately and in a non-deceptive manner identify your identity or your organization identity and it must be valid (i.e., we do not allow disposable, temporary or undeliverable email addresses to be used as the sender's email address). Please note that the sender's email address can be associated with one site only; and, (ii) the "subject" line of any email message sent by you will not contain any deceptive or misleading content regarding the overall subject matter of the email message, and (iii) you will include your valid physical address.

 

2.8. Every email message sent by using the Service must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list. Each such link must remain operational for at least 60 days after the date on which you send the message. The "unsubscribe" link that is set as a default to all email communication to send through the Service is owned by Wix. You agree that you will not remove, disable or attempt to remove or disable either link. You shall monitor and process unsubscribe requests received by you directly within 7 days of submission and update the email addresses to which messages are sent through the Service. You cannot charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the Recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an unsubscribe request. Pursuant to applicable law, you are responsible for maintaining and honoring the list of unsubscribe requests prior and following a termination of the Service, for any reason whatsoever.

 

 

3. Prohibited Activities: Prohibited Content

In order to maintain our high rate of email delivery and good reputation as well as our obligation to adhere to laws applicable to the Service, you acknowledge and agree that you will not:

  • Use the Service in violation of the Terms or of any law applicable to you or your Recipients;

  • Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Services;

  • Transmit any message, information, data, text, software or image, or other content that is not owned by you or legally licensed to you, or is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity;

  • Send email advertisements for multiple companies all to the same list;

  • Send through the Service any unethical, false or misleading advertising, promotions or sales efforts and practices.

  • Post or transmit any material that contains a virus or corrupted data;

  • Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

  • Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;

  • Upload or transmit any material that infringes, misappropriates or otherwise any patent, trademark, trade secret, copyright or other intellectual rights of any party;

  • Manipulate or otherwise display the Service by using framing or similar navigational technology;

  • Import or incorporate any of this information into any lists, emails or uploads to our servers: Social Security numbers, passwords, security credentials, or sensitive personal information of any kind.

  • Sell or promote any products or services that are unlawful in the location at which the content is posted or received;

  • Send, offer or sell any of the following content, products and/or services:

    • Pornography or illicitly pornographic sexual products, content and/or services, including but not limited to child pornography, adult magazines, video and software or escort services;

    • Illegal substances, illegal goods of any form;

    • That in any manner is libelous, defamatory, scandalous, threatening or harassing;

    • Products, services or content which is frequently associated with spam, such as: online and direct pharmaceutical sales, debt collections, credit repair and debt relief offerings, work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence", and betting/gambling services;

    • Uses any image we make available in connection with the Service or any other image uploaded by you, in a way that places any person depicted in the image in a way that a reasonable person would find offensive, including the use of images (i) in pornography or sexual products; (ii) in ads for tobacco products in a manner that suggests any such person is a user of tobacco products; (iii) in connection with political endorsements in a manner that suggests any such person is a supporter of a particular politician; (iv) in advertisements and/or promotional materials for pharmaceutical, healthcare, herbal or medical products if such the use implies that the depicted person suffers from a physical or mental infirmity, ailment or condition; or (v) in any manner that is libelous, defamatory, scandalous, threatening, or harassing; or

    • Uses any image we make available in connection with our products or services as a trademark, service mark, or logo.

 

4. Third Party Services

4.1. The Service may contain links to websites that are controlled by third parties and access to certain third-party services (including our partners), which may include, without limitation, API platforms, marketing and advertising services, social bookmarking services, social network platforms, publication and delivery services, payment processing Services and other payment intermediaries (each, a "Third Party Service"). We are not affiliated with or responsible for the content, action or performance of Third-Party Service and you use such websites or services at your own risk. Any Third Party Service accessed from the Service is independent from us and we have no control over, and assume no responsibility for, the content, privacy policy, terms of use and practices of such website or service. Any such Third Party Service may have terms of use and a privacy policy governing the applicable Third Party Services, different than ours and you should review the applicable terms and policies and act in compliance therewith, including privacy and data gathering practices before proceeding.

 

4.2. We may terminate any Third Party Service in our sole discretion at any time, with or without notice to you, with no liability to you or to the third party. Any such termination or any act by a Third Party Service may impact our ability to make available some or all of the features of the Service at any time, with or without notice, and we will not be liable to you or to the third party for any such actions.

4.3. In no event shall any reference to any third party or third party product or Third Party Service be construed as an approval or endorsement by us of that third party or of any product or service provided by such third party.

 

 

5. Your Products and Services: Your Campaigns

5.1. You are solely responsible for your products and services (the "Products and Services") and any other promotions and content contained or referred to in your emails sent through the Service (the "Campaign"). You shall bear all costs of procuring and delivering your Products and Services and run your Campaigns.

5.2. You are solely responsible for providing the Products and Services and run your Campaigns in a safe and professional manner, consistent with industry best practices, including keeping reliable records.

 

5.3. You are solely responsible for any and all statements and promises you make and for all user assistance, warranty and support of the Products and Services and to comply with any statements you make to your customers and/or users. You shall provide contact information in your Campaigns for any questions, complaints or claims.

 

5.4. If you use the Service for any promotion, you shall ensure that the rules for each promotion (i) state that each entrant unconditionally releases us of any liability arising from the promotion, and (ii) inform each entrant that the promotion is in no way sponsored, endorsed or administered by, or associated with, us.

 

 

6. Your Content and Contact List

6.1. We will obtain any information that you provide us in connection with your use of the Service, such as contact lists (including email addresses and any other information contained in such lists) and Content (as such term is defined in the Terms of Use) posted or used by you in the Campaign or in any other manner. We acknowledge your ownership rights in such contact lists and Content ("Customer Information"). We will never sell or rent your Customer Information to anyone without obtaining your explicit permission first, and will never use your Customer Information for any purpose other than as described in our Privacy Policy and in this Section 6. In the event we amend this Section 6 or our Privacy Policy, in a way that affects the manner we collect and/or use your Customer Information, we will provide advance notice of such amendment or revision.

6.2. You hereby grant to us a revocable, non-exclusive, royalty-free, worldwide license, with the right to sublicense, to use, reproduce, publish, distribute, perform and display the Customer Information, only as required by us to offer and operate the Service.

 

6.3. You are solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of all Customer Information, and you are responsible for maintaining, securing and storing all Customer Information in accordance with applicable law and any contractual obligations you may have, including the Terms. You represent and warrant that you own or have secured all rights and interest in and to the Customer Information required for us to use the Customer Information as contemplated by the Terms.

 

6.4. When using the Service, you agree that any Campaign and Content contained therein are non-confidential for all purposes and you automatically grant, or warrant that the owner of such Content or intellectual property has expressly granted, us an irrevocable, non-exclusive, royalty-free, perpetual, transferrable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display such Content or intellectual property in any manner or in any media now known or hereafter created, including in connection with our marketing and promotional activities.

 

6.5. To the extent permitted by applicable law, we may make and preserve copies of all Customer Information as necessary to provide the Service and for internal back-up and other legal or regulatory purposes. However, we are not obligated to preserve any copies of your Customer Information, Campaigns, Content or other data, thus you are responsible for making frequent backup copies of your Customer Information - We strongly recommends that you do it.

 

 

7. Monitoring and Removal

Although we have no obligation to monitor the content provided by you or your use of the Service, we may do so and may block any emails and/or Campaigns, remove any Content, or prohibit any use of the Service that we believe may be in violation of the foregoing or any other provision of the Terms (including other terms by other Third Party Service). You further understand and agree that we and any applicable third party who supports, posts, publishes or distributes your Campaigns, Content or otherwise provides Third Party Services also has the right to reformat, edit, monitor, reject, block or remove any of your Campaigns and suspend or terminate the Service, in whole or in part, permanently or for a certain period. In no case will the foregoing make us responsible or liable for compliance with any such laws or obligations, for which you remain solely responsible and liable.

 

 

8. Proprietary Rights Owned by Us

You acknowledge and agree that the Service (including, without limitation, the offered landing pages and any Content contained therein) and any and all copyrights, patents, trademarks, service marks and any and all other worldwide intellectual property therein and thereto, are owned by, or licensed to, us. Your use of the Service confers no title or ownership in the Service and is not a sale of any rights in the Service. All ownership rights remain in Wix or its third party suppliers, as the case may be.

 

 

9. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material in your emails, including, without limitation Customer Information. You retain ownership of the materials you upload to the Service (except for materials provided to you by us). We may use or disclose your materials only as we describe in the Terms and our Privacy Policy.

 

 

10. Termination

The term of the Service begins when you sign up for the Service and continues as long as you use the Service. We may terminate the Service and the Terms at any time and for any reason by notifying you. We or any other third party may suspend the Service or a certain Campaign and the Third Party Service, respectively, to you at any time, with or without cause. Once your account is terminated, we may permanently delete it and all the data associated with it.

 

 

11. Jurisdictional Issues

We make no representation or warranty that the content and materials on our website or and/or the Service are appropriate for use in locations outside the United States. Those who choose to access the Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right, at any time in our sole discretion, to limit the availability and accessibility of the Service to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service.

 

 
12. BETA Test Warning

Please note that the Service is currently in its BETA version and undergoing BETA testing. You understand and agree that the Service may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Service at this stage signifies your understanding of, and agreement to, participate in the Service BETA testing.