Terms of Use

Welcome to inspiredbymail.com. Inspiredbymail.com (the “Website”) is an interactive online service operated by Meryl Randman LLC (the “Company”).

1. Acceptance of Terms

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU AGREE TO BE BOUND BY AND SHALL COMPLY WITH THESE TERMS OF USE.

You affirm that you are eighteen years age and are legally competent to enter into these Terms of Use. In addition, because this website is not intended for children under thirteen, you affirm that you are over the age of thirteen. If you are under thirteen of years of age you are not permitted to use this website.

In addition to these Terms of Use, the Website has established a Privacy Policy to explain how user information is collected and used by the Website. A copy of this Privacy Policy can be found here, and is incorporated by reference into these Terms of Use. By accessing or using the Website, you are signifying your acknowledgement and agreement to the Privacy Policy.

2. Content

Information presented on the Inspired by Mail Website/Blog is for educational, informational and inspirational purposes only and should not be considered contracted advice.
Posts consist of opinion and/or advice, not counsel, and what is written on the Website/blog is not to be taken as absolute. Posts are based on personal experience and information the poster has been able to compile. This blog is separate from any 3rd party employers, vendors or organizations.

THE WEBSITE AND THE INFORMATION AND CONTENT CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

3. Comment Policy

Conversation is encouraged through the Website. We expect that guests and members will respect common courtesies and refrain from personal attacks or using profanity when posting comments. You and other guests and members of the Website are legally and fully responsible for any and all comments or postings by you or such other guests, respectively. The Website reserves the right to delete or moderate comments at any time without prior notice.
The views and opinions expressed by guest bloggers of the Website are those of the individual bloggers and not of the Company. The views expressed by guest bloggers do not reflect those of the Company.

4. Copyright Policy

The Website is a resource for the community of people who use direct mail and email as a marketing tool. The Website will make reasonable efforts to properly attribute any posted materials. When a source or credit cannot be identified at the time of posting, the item will be posted with an annotation to that effect and with the request to the Website community for assistance in identifying the appropriate source or credit. Should the respective source or credit be identified subsequent to posting, the original post will be amended.

5. Notice and Takedown Policy

The Company will use commercially reasonably efforts to comply with the DMCA take-down provisions of the U.S. Copyright Act. If you have any questions or concerns about any of the posted material on the Website please contact us at dmca@inspiredbymail.com.

All DMCA and Copyright take-down notices should be sent to:

Email: dmca@inspiredbymail.com

Mail: Inspired by Mail, 1324 Lexington Avenue, Suite 215, NY NY 10128

Along with the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For clarity, only DMCA notices should be submitted to this address; any other feedback, comments, and other communications should be directed to inspiredbymail.com’s customer service through info@inspiredbymail.com. You acknowledge that if you fail to comply with all of the requirements of the above your DMCA notice may not be valid.
We will make the appropriate adjustment to the respective posting within a reasonable amount of time.

6. Trademarks

Except for trademarks or similar identifiers of entities appearing on our sponsor page or clearly designated as sponsors, use of any trademarks, logos, design mark, trade dress, brands, and any other source identifier in any posted material shall not indicate endorsement, sponsorship or affiliation with the party holding such marks.

7. Submissions

By submitting or uploading any content or materials (including words or images) for inclusion on the Website (your “User Content”), you represent and warrant that you have the right to post or submit your User Content and grant the licenses contained herein, and that the inclusion of your User Content on the Website will not violate any intellectual property rights, rights of publicity or other proprietary right of any other person or entity, including any copyright, trademark or trade secret rights.

By submitting User Content, you hereby grant the Company, its assigns, successors in interest, legal representatives and heirs a perpetual, irrevocable, fully-transferable, fully-sublicensable, fully-paid up, royalty-free right and license to use your User Content for the purposes of publication and distribution on the Website and for group review and commentary.

You acknowledge and agree that you will not receive any monetary compensation for any User Content and you hereby waive any and all rights to inspect or approve the final version(s) of your User Content prior to its publication or distribution on the Website, including any written commentary and copy that may be created and appear in connection with your User Content. By submitting your User Content, you release and agree to hold harmless the Company, its assigns, licensees, successors in interest, legal representatives and heirs from any liability with respect to the use, publication or distribution of your User Content and by virtue of any distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in reproducing your User Content for publication or distribution on the Website.

You hereby waive any claim you may have based on the Website’s publication or distribution of your User Content for group review and commentary, including but not limited to claims for rights of publicity, invasion of privacy or libel.
Subject to the rights and license granted herein, you shall retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content.

You hereby agree not to upload, post, email, transmit or otherwise make available any User Content that contains (i) pornographic or immoral material or (ii) software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

8. Downloadable Files

Now or in the future, the Website may offer opportunities to download materials through links from the Website or an outside site. The responsibility to protect destination website(s), computer(s) and or peripheral(s) from harm associated with this downloading remains the downloader’s.

9. No License Granted

Any materials on the Website may be subject to copyright or other third party intellectual property rights and/or restrictions on use. Nothing herein shall be deemed to grant you any right or license to use such materials.

10. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS OFFICERS, EMPLOYEES, PARENTS, PARTNERS, MEMBERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE WEBSITE OR MERYL RANDMAN LLC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT, IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THE COMPANY’S OFFICERS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, EXCEED $100.
11. Indemnification

You agree to indemnify and hold harmless and, at the Company’s option, defend the Company and any of its members, officers, employees, agents, or representatives and any affiliates of the foregoing, from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including attorneys’ fees and expenses), whether incurred as a result of a third party claim against the Company or the Website or a claim between you and the Company, relating to or arising out of your User Content or any breach by you of these Terms of Use.

12. Modification

The Company reserves the right to modify these Terms of Use at any time for any reason without prior notice. Any modification will be effective immediately upon the posting of the revised Terms of Use.

13. Governing Law; Arbitration;
Submission to Jurisdiction; Statute of Limitations

You hereby agree that any disputes relating to the Website or Terms of Use shall be subject to the laws of the State of New York. At our election, you agree to arbitrate any and all disputes arising under these Terms of Use in any forum we may select in New York County. In connection with any litigation, you further agree to submit to the exclusive jurisdiction of and venue in the federal and state courts located in the County of New York, New York. You agree that any claim or cause of action arising out of or related to the use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose regardless of any statute or law to the contrary; otherwise, such cause of action shall be permanently barred.

14. Entire Agreement

These Terms of Use, including the Privacy Policy incorporated by reference, constitute the complete and exclusive agreement between the Company and you with respect to the subject matter hereof.