Last revised on August 31, 2020
- A. Purpose.
The mission of eMailDodo is to
provide the world with a simple, cheap and good webbased email grouping system. To achieve
our Mission, we make this service available through our website, mobile applications, and
developer platform, to help you, your friends, colleagues, teammates, class, clients and
millions of others to email each other with ease and to ask each other questions.
- B. Scope and Intent.
You agree that by
registering on eMailDodo, or by using the our website, including our mobile applications,
developer platform, premium services, or other information provided as part of the eMailDodo
services (collectively 'eMailDodo' or the 'Services'), you are entering into a legally
binding agreement with eMailDodo Company ('we,' 'us,' 'our,' and 'eMailDodo') based on the
incorporated by reference (collectively referred to as the 'Agreement') and become a
eMailDodo user ('User'). If you are using eMailDodo on behalf of a company or other legal
entity, such entity may have a separate agreement with us, but you are nevertheless
individually bound by this Agreement. If you do not want to become a User, do not conclude
the Agreement, do NOT click 'Join Now' and do not access, view, download or otherwise use
any eMailDodo webpage, information or services. By becoming a User you acknowledge that you
have read and understood the terms and conditions of this Agreement and that you agree to be
bound by all of its provisions. Please note that the eMailDodo User Agreement and Privacy
Policy are also collectively referred to as eMailDodo's 'Terms of Service.'
- YOUR OBLIGATIONS.
- A. Applicable laws and this Agreement
comply with all applicable laws, the Agreement, as may be amended from time to time with or
without advance notice, and the policies and processes explained in the following sections:
- DOs and DON'Ts;
- Complaints Regarding Content Posted on the eMailDodo Website; and
- B. License and warranty for your submissions to
You own the information you provide eMailDodo under this Agreement, and may
request its deletion at any time, unless you have shared information or content with others
and they have not deleted it, or it was copied or stored by other users. Additionally, you
grant eMailDodo a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable,
sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works
of, improve, distribute, publish, remove, retain, add, process, analyze, use and
commercialize, in any way now known or in the future discovered, any information you
provide, directly or indirectly to eMailDodo, including but not limited to any user
generated content, ideas, concepts, techniques or data to the services, you submit to
eMailDodo, without any further consent, notice and/or compensation to you or to any third
parties. Any information you submit to us is at your own risk of loss as noted in Sections 2
and 3 of this Agreement. By providing information to us, you represent and warrant that you
are entitled to submit the information and that the information is accurate, not
confidential, and not in violation of any contractual restrictions or other third party
rights. It is your responsibility to keep your eMailDodo profile information accurate and
- C. Service Eligibility.
To be eligible to use
the Service, you must meet the following criteria and represent and warrant that you: (1)
are 18 years of age or older; (2) are not currently restricted from the Services, or not
otherwise prohibited from having a eMailDodo account, (3) are not a competitor of eMailDodo
or are not using the Services for reasons that are in competition with eMailDodo; (4) will
only maintain one eMailDodo account at any given time; (5) have full power and authority to
enter into this Agreement and doing so will not violate any other agreement to which you are
a party; (6) will not violate any rights of eMailDodo, including intellectual property
rights such as copyright or trademark rights; and (7) agree to provide at your cost all
equipment, software, and internet access necessary to use the Services.
- D. Sign-In Credentials.
You agree to: (1) Keep
your password secure and confidential; (2) not permit others to use your account; (3)
refrain from using other Users' accounts; (4) refrain from selling, trading, or otherwise
transferring your eMailDodo account to another party; and (5) refrain from charging anyone
for access to any portion of eMailDodo, or any information therein. Further, you are
responsible for anything that happens through your account until you close down your account
or prove that your account security was compromised due to no fault of your own. To close
your account, please visit eMailDodo's customer service site.
- E. Indemnification.
You indemnify us and hold us
harmless for all damages, losses and costs (including, but not limited to, reasonable
attorneys' fees and costs) related to all third party claims, charges, and investigations,
caused by (1) your failure to comply with this Agreement, including, without limitation,
your submission of content that violates third party rights or applicable laws, (2) any
content you submit to the Services, and (3) any activity in which you engage on or through
- F. Payment.
If you purchase any services that we
offer for a fee, either on a one-time or subscription basis ('Premium Services'), you agree
to eMailDodo storing your payment card information. You also agree to pay the applicable
fees for the Premium Services (including, without limitation, periodic fees for premium
accounts) as they become due plus all related taxes, and to reimburse us for all collection
costs and interest for any overdue amounts. Your obligation to pay fees continues through
the date you cancel your subscription to the Premium Services. All fees and charges are
nonrefundable and there are no refunds or credits for partially used periods. You may cancel
your Premium Services here. You also acknowledge that eMailDodo's Premium Services are
subject to this Agreement and any additional terms related to the provision of the Premium
- G. Notify us of acts contrary to the
If you believe that you are entitled or obligated to act contrary to this
Agreement under any mandatory law, you agree to provide us with detailed and substantiated
explanation of your reasons in writing at least 30 days before you act contrary to this
Agreement, to allow us to assess whether we may, at our sole discretion, provide an
alternative remedy for the situation, though we are under no obligation to do so.
- H. Notifications and Service Messages.
purposes of service messages and notices about the Services to you, notice shall consist of
an email from eMailDodo to an email address associated with your account, even if we have
other contact information. You also agree that eMailDodo may communicate with you through
your eMailDodo account or through other means including email, mobile number, telephone, or
delivery services including the Service about your eMailDodo account or services associated
with eMailDodo. You acknowledge and agree that we shall have no liability associated with or
arising from your failure to do so maintain accurate contact or other information,
including, but not limited to, your failure to receive critical information about the
- I. Mobile Services.
eMailDodo may offer the
Services through mobile applications created by it or third party developers ('Platform
Developers'). If you use the Services through a mobile device, you agree that information
about your use of the Services through your mobile device and carrier may be communicated to
us, including but not limited to your mobile carrier, your mobile device, or your physical
location. In addition, use of the Services through a mobile device may cause data to be
displayed on and through your mobile device. By accessing the Services using a mobile
device, you represent that to the extent you import any of your eMailDodo data to your
mobile device that you have authority to share the transferred data with your mobile carrier
or other access provider. In the event you change or deactivate your mobile account, you
must promptly update your eMailDodo account information to ensure that your messages are not
sent to the person that acquires your old number and failure to do so is your
responsibility. You acknowledge you are responsible for all charges and necessary
permissions related to accessing eMailDodo through your mobile access provider. Therefore,
you should check with your provider to find out if the Services are available and the terms
for these services for your specific mobile devices. Finally, by using any downloadable
application to enable your use of the Services, you are explicitly confirming your
acceptance of the terms of the End User License Agreement associated with the application
provided at download or installation, or as may be updated from time to time.
- J. User-to-User Communication and Sharing
(eMailDodo Groups, Answers, Updates, etc.).
eMailDodo offers various ways of emailing,
forums and blogs such as eMailDodo Groups and Quenstions where you can email your questions
and polls on designated topics. eMailDodo also enables sharing of information by allowing
users to email responses. Ideas you post and information you share may be seen and used by
other Users, and eMailDodo cannot guarantee that other Users will not use the ideas and
information that you share on eMailDodo. Therefore, if you have an idea or information that
you would like to keep confidential and/or don't want others to use, or that is subject to
third party rights that may be infringed by your sharing it, do not post it to any eMailDodo
group or elsewhere on eMailDodo. EMAILDODO IS NOT RESPONSIBLE FOR A USER'S MISUSE OR
MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU SEND VIA ANY EMAILDODO APPLICATION SUCH
AS THE EMAILDODO EMAIL, GROUPS OR QUESTIONS.
- K. Privacy.
You should carefully read our full
information, including personally identifiable information you submit to us. Please note
that certain information, statements, data and content (such as photographs) which you may
submit to eMailDodo, or groups you choose to join might, or are likely to, reveal your
gender, ethnic origin, nationality, age, religion and/or sexual orientation, and/or other
personal information about you. You acknowledge that your submission of any information,
statements, data, and content to us is voluntary on your part.
- L. Export Control.
Your use of eMailDodo
services, including our software, is subject to export and re-export control laws and
regulations. You shall not — directly or indirectly — sell, export, re-export, transfer,
divert, or otherwise dispose of any software or service to any end-user without obtaining
the required authorizations from the appropriate government authorities. You also warrant
that you are not prohibited from receiving US origin products, including services or
OUR RIGHTS AND OBLIGATIONS.
- A. On the condition that you comply with all
your obligations under this Agreement, we grant you a limited, revocable, nonexclusive,
nonassignable, nonsublicenseable right to access, through a generally available web browser
or mobile device or application (but not through scraping, spidering, crawling or other
technology or software used to access data without the express written consent of
eMailDodo), view information and use the Services that we provide on eMailDodo webpages and
in accordance with this Agreement. Any other use of eMailDodo contrary to our mission and
purpose (such as seeking to connect to someone you do not know or trust, or to use
information gathered from eMailDodo commercially unless expressly authorized by eMailDodo)
is strictly prohibited and a violation of this Agreement. We reserve all rights not
expressly granted in this Agreement, including, without limitation, title, ownership,
intellectual property rights, and all other rights and interest in eMailDodo and all related
- A. Services Availability.
For as long as
eMailDodo continues to offer the Services, eMailDodo shall provide and seek to update,
improve and expand the Services. As a result, we allow you to access eMailDodo as it may
exist and be available on any given day and have no other obligations, except as expressly
stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue
eMailDodo, partially or entirely, or change and modify prices for all or part of the
Services in our sole discretion. All of these changes shall be effective upon their posting
on our site or by direct communication to you unless otherwise noted. eMailDodo further
reserves the right to withhold, remove and or discard any content available as part of your
account, with or without notice if deemed by eMailDodo to be contrary to this Agreement. For
avoidance of doubt, eMailDodo has no obligation to store, maintain or provide you a copy of
any content that you or other Users provide when using the Services.
- B. Third Parties.
eMailDodo may include links to
third party web sites ('Third Party Sites') on www.eMailDodo.com, in the emails and
elsewhere. eMailDodo also enables Platform Developers to create applications ('Platform
Applications') that provide features and functionality using data and developer tools made
available by eMailDodo. You are responsible for evaluating whether you want to access or use
a Third Party Site or Platform Application. You should review any applicable terms and/or
information with it, because you may give the operator permission to use your information in
ways we would not. eMailDodo is not responsible for and does not endorse any features,
content, advertising, products or other materials on or available from Third Party Sites.
eMailDodo also does not screen, audit, or endorse Platform Applications. Accordingly, if you
decide to access Third Party Sites or use Platform Applications, you do so at your own risk
and agree that your use of any Platform Application is on an 'as-is' basis without any
warranty as to the Platform Developer's actions, and that this Agreement does not apply to
your use of any Third Party Site or Developer Application. Please note: If you allow an
Platform Application or Third Party Site to authenticate to or connect with your eMailDodo
account, that application or website can access information on eMailDodo related to you and
your connections. For additional information regarding Platform Developers and Platform
- C. Disclosure of User Information.
acknowledge, consent and agree that we may access, preserve, and disclose your registration
and any other information you provide if required to do so by law or in a good faith belief
that such access preservation or disclosure is reasonably necessary in our opinion to: (1)
comply with legal process, including but not limited to civil and criminal subpoenas, court
orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of
a violation of the rights of third parties, whether or not the third party is a User,
individual, or government agency; (4) respond to customer service inquiries; or (5) protect
the rights, property, or personal safety of eMailDodo, our Users or the public.
- D. Connections and Interactions with other
You are solely responsible for your interactions with other Users. eMailDodo may
limit the number of connections you may have to other Users and may, in certain
circumstances, prohibit you from contacting other Users through use of the Services or
otherwise limit your use of the Services. eMailDodo reserves the right, but has no
obligation, to monitor disputes between you and other members and to restrict, suspend, or
close your account if eMailDodo determines, in our sole discretion, that doing so is
necessary to enforce this Agreement.
LIMITATION OF LIABILITY.
- SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS
IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO
YOU. DO NOT RELY ON EMAILDODO, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE
PLATFORM FOR EMAILDODO AND ALL INFORMATION AND SERVICES ON AN 'AS IS' AND 'AS AVAILABLE'
BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND
REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY
EMAILDODO OR ANYTHING RELATED TO EMAILDODO, YOU MAY CLOSE YOUR EMAILDODO ACCOUNT AND
TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 ('TERMINATION') AND SUCH TERMINATION
SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. EMAILDODO IS NOT RESPONSIBLE, AND MAKES NO
REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF
QUESTIONS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH EMAILDODO TO
ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT
INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED
ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO
HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY. EMAILDODO DOES NOT HAVE ANY
OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT
HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY;
THEREFORE, EMAILDODO DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR
IDENTITY OR INFORMATION. EMAILDODO DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL
FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE
SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES.
EMAILDODO DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN
FUNCTIONING. FURTHERMORE, EMAILDODO DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING,
IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE EMAILDODO SITE DUE TO INAPPROPRIATE
EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE
INTERNET NETWORK, AND FOR ANY OTHER REASON.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND
AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither eMailDodo nor any of our
subsidiaries, affiliated companies, employees, shareholders, or directors ('eMailDodo Affiliates')
shall be liable for (a) any damages in excess of five times the most recent monthly fee that you
paid for a Premium Service, if any, or EUR 100 / US $100, whichever amount is greater, or (b) any
special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or
data to you or any third person arising from your use of the Service, any platform applications or
any of the content or other materials on, accessed through or downloaded from eMailDodo. This
limitation of liability shall:
- A. Apply regardless of whether (1) you base your
claim on contract, tort, statute or any other legal theory, (2) we knew or should have known
about the possibility of such damages, or (3) the limited remedies provided in this section
fail of their essential purpose; and
- B. Not apply to any damage that eMailDodo may
cause you intentionally or knowingly in violation of this Agreement or applicable law, or as
otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
- C. Not apply if you have entered into a separate
agreement to purchase Premium Services with a separate Limitation of Liability provision
that supersedes this section in relation to those Premium Services.
DUTCH LAW AND ARBITRATION.
- A. Mutual rights of termination.
terminate this Agreement, for any or no reason, at any time, with notice to eMailDodo. This
notice will be effective upon eMailDodo processing your notice. eMailDodo may terminate the
Agreement for any reason or no reason, at any time, with or without notice. This
cancellation shall be effective immediately or as may be specified in the notice. For
avoidance of doubt, only eMailDodo or the party paying for the services may terminate your
access to any Premium Services. Termination of your eMailDodo account includes disabling
your access to eMailDodo and may also bar you from any future use of eMailDodo.
- B. Misuse of the Services.
restrict, suspend or terminate the account of any User who abuses or misuses the Services.
Misuse of the Services includes inviting other Users with whom you do not know to connect;
abusing the eMailDodo messaging services; creating multiple or false profiles; using the
Services commercially without eMailDodo's authorization, infringing any intellectual
property rights, or any other behavior that eMailDodo, in its sole discretion, deems
contrary to its purpose. In addition, and without limiting the foregoing, eMailDodo has
adopted a policy of terminating accounts of Users who, in eMailDodo's sole discretion, are
deemed to be repeat infringers under the International Copyright Act.
- C. Effect of Termination.
Upon the termination
of your eMailDodo account, you lose access to the Services. In addition, eMailDodo may block
access to the Services from an IP address or range of IP addresses associated with those of
terminated Users. The terms of this Agreement shall survive any termination, except Sections
3 ('Your Rights') and 4.a-b, and d ('Our Rights and Obligations') hereof.
- A. Choice of Law.
Except for any Disputes
relating to intellectual property rights, obligations or any infringement claims, any
disputes with eMailDodo arising out of or relating to the Agreement ('Disputes') shall be
governed by Dutch law regardless of your country of origin or where you access eMailDodo,
and notwithstanding of any conflicts of law principles and the United Nations Convention for
the International Sale of Goods.
- B. Agreement to Arbitrate and Pay Attorneys'
Any Disputes shall be resolved by final and binding arbitration under the rules and
auspices of the Dutch Arbitration Association, to be held in Amsterdam, with a written
decision stating and legal reasoning issued by the arbitrator(s) at either party's request,
and with arbitration costs and reasonable documented attorneys' costs of both parties to be
borne by the party that ultimately loses.
- C. Exception from Arbitration Agreement
party may obtain injunctive relief (preliminary or permanent) and orders to compel
arbitration or enforce arbitral awards in any court of competent jurisdiction.
- D. Refundable Fee Advances for Consumers
are involved in a Dispute as a consumer without any commercial interests related to the
Dispute, we will agree to conduct arbitration proceedings in a major City in your Country if
travel to Country would constitute an undue burden for you, and we will advance any
arbitration fees that exceed what you would have had to pay for court proceedings (if you
substantiate and represent to us in a written statement what court proceedings would have
cost) provided that you shall refund such amounts if we ultimately prevail in the
EMAILDODO USER 'DOS' and 'DON'TS.
- A. Severability.
If any provision of this
Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void,
or unenforceable, the unenforceable provision will be modified so as to render it
enforceable and effective to the maximum extent possible in order to effect the intention of
the provision; and if a court or arbitrator finds the modified provision invalid, illegal,
void or unenforceable, the validity, legality and enforceability of the remaining provisions
of this Agreement will not be affected in any way.
- B. Language.
Where eMailDodo has provided you
and/or any other documentation, you agree that the translation is provided for your
convenience only and that the English language versions of this Agreement, the Privacy
Policy, and any other documentation, including additional terms of service for Premium
Services, will govern your relationship with eMailDodo.
- C. Notices and Service of Process.
to Section 2.h. ('Notices and Service Messages'), we may notify you via postings on
www.eMailDodo.com. You may contact us via email at: legal@eMailDodo.com Or via mail or
courier at: eMailDodo Company
ATTN: Legal Department, 315 Flatbush Avenue #165, 11217
Brooklyn, New York, United States. Additionally, eMailDodo accepts service of process at
this address. Any notices that you provide without compliance with this section on Notices
shall have no legal effect.
- D. Entire Agreement.
You agree that this
Agreement constitutes the entire, complete and exclusive agreement between you and us
regarding the Services and supersedes all prior agreements and understandings, whether
written or oral, or whether established by custom, practice, policy or precedent, with
respect to the subject matter of this Agreement. You also may be subject to additional terms
and conditions that may apply when you use or purchase certain other eMailDodo services,
third-party content or third party software.
- E. Amendments to this Agreement.
We reserve the
right to modify, supplement or replace the terms of the Agreement, effective upon posting at
www.eMailDodo.com or notifying you otherwise. If you do not want to agree to changes to the
Agreement, you can terminate the Agreement at any time per Section 7 (Termination).
- F. No informal waivers, agreements or
Our failure to act with respect to a breach of this Agreement by you or
others does not waive our right to act with respect to that breach or subsequent similar or
other breaches. Except as expressly and specifically contemplated by the Agreement, no
representations, statements, consents, waivers or other acts or omissions by any eMailDodo
Affiliate shall be deemed legally binding on any eMailDodo Affiliate, unless documented in a
physical writing hand signed by a duly appointed officer of eMailDodo.
- G. No Injunctive Relief.
In no event shall you
seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or
restrain the operation of the Service, exploitation of any advertising or other materials
issued in connection therewith, or exploitation of the Services or any content or other
material used or displayed through the Services.
- H. Beneficiaries.
Entities other than eMailDodo
Company that eMailDodo Company owns a 50% or greater interest in ('Affiliate') are not
parties, but intended third party beneficiaries of this Agreement, with a right to enforce
the Agreement directly against you.
- I. Assignment and Delegation.
You may not assign
or delegate any rights or obligations under the Agreement. Any purported assignment and
delegation shall be ineffective. We may freely assign or delegate all rights and obligations
under the Agreement, fully or partially without notice to you. We may also substitute, by
way of unilateral novation, effective upon notice to you, eMailDodo Company for any third
party that assumes our rights and obligations under this Agreement.
As a condition to access eMailDodo, you agree to this User Agreement and to
strictly observe the following DOs and DON'Ts:
COMPLAINTS REGARDING CONTENT POSTED ON THE EMAILDODO WEBSITE.
- A. Do undertake the following:
Comply with all applicable laws, including, without limitation, privacy laws,
intellectual property laws, export control laws, tax laws, and regulatory
Provide accurate information to us and update it as necessary;
Review and comply with notices sent by eMailDodo concerning the Services; and
Use the Services in a professional manner.
- B. Don't undertake the following:
Act dishonestly or unprofessionally by engaging in unprofessional behavior by
sending inappropriate, inaccurate, or objectionable content with eMailDodo;
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform,
display, sell, rebrand, or otherwise transfer information found on eMailDodo
(excluding content posted by you) except as permitted in this Agreement, or as
expressly authorized by eMailDodo;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive
the source code for any underlying intellectual property used to provide the
Services, or any part thereof;
Include information in your profile or elsewhere, except in designated fields, that
reveals your identity or sensitive personal information such as an email address,
phone number or address or is confidential in nature;
Create a user profile for anyone other than a natural person;
Utilize information, content or any data you view on and/or obtain from eMailDodo to
provide any service that is competitive, in eMailDodo's sole discretion, with
Imply or state, directly or indirectly, that you are affiliated with or endorsed by
eMailDodo unless you have entered into a written agreement with eMailDodo (this
includes, but is not limited to representing yourself as an accredited eMailDodo
trainer if you have not been certified by eMailDodo as such);
Adapt, modify or create derivative works based on eMailDodo or technology underlying
the Services, or other Users' content, in whole or part, except as permitted under
eMailDodo's developer program;
Rent, lease, loan, trade, sell/re-sell access to eMailDodo or any information
therein, or the equivalent, in whole or part;
Deep-link to the Site for any purpose, (i.e. including a link to a eMailDodo web
page other than eMailDodo's home page) unless expressly authorized in writing by
eMailDodo or for the purpose of promoting your profile or a Group on eMailDodo as
set forth in the Brand Guidelines;
Use manual or automated software, devices, scripts robots, other means or processes
to access, 'scrape,' 'crawl' or 'spider' any web pages or other services contained
in the site;
Use bots or other automated methods to add or download contacts, send or redirect
messages or other permitted activities other than through eMailDodo-sanctioned tools
such as its application programming interfaces or its own services or integrations
with other, partner services;
Access, via automated or manual means or processes, eMailDodo for purposes of
monitoring its availability, performance or functionality or for any competitive
Engage in 'framing,' 'mirroring,' or otherwise simulating the appearance or function
of eMailDodo's website;
Attempt to or actually access eMailDodo by any means other than through the
interfaces provided by eMailDodo;
Attempt to or actually override any security component included in or underlying
Engage in any action that directly or indirectly interferes with the proper working
of or places an unreasonable load on our infrastructure, including but not limited
to unsolicited communications to other Users or eMailDodo personnel, attempts to
gain unauthorized access, or transmission or activation of computer viruses;
Remove any copyright, trademark or other proprietary rights notices contained in or
on eMailDodo, including those of both eMailDodo and any of its licensors;
Remove, cover or otherwise obscure any form of advertisement included on eMailDodo;
Harass, abuse or harm another person, including sending unwelcomed communications to
others using eMailDodo;
Collect, use or transfer any information, including but not limited to, personally
identifiable information obtained from eMailDodo except as expressly permitted in
this Agreement or as the owner of such information may expressly permit;
Share information of non-Users without their express consent;
Interfere with or disrupt eMailDodo, including but not limited to any servers or
networks connected to eMailDodo;
Invite people you do not know to join your network;
Upload a cartoon, symbol, drawing or any content other than a head-shot photograph
of yourself in your profile photo;
Use or attempt to use another's account without authorization from the Company, or
create a false identity on eMailDodo;
Infringe or use eMailDodo's brand, logos and/or trademarks, including, without
limitation, using the word 'eMailDodo' in any business name, email, or URL or
including eMailDodo's trademarks and logos except as provided in the Brand
Guidelines or as expressly permitted by eMailDodo;
Upload, post, email, InMail, transmit or otherwise make available or initiate any
Falsely states, impersonates or otherwise misrepresents your identity,
including but not limited to the use of a pseudonym, or misrepresenting your
current or previous positions and qualifications, or your affiliations with
a person or entity, past or present;
Is unlawful, libelous, abusive, obscene, discriminatory or otherwise
Adds to a content field content that is not intended for such field (i.e.
submitting a telephone number in the 'title' or any other field, or
including telephone numbers, email addresses, street addresses or any
personally identifiable information for which there is not a field provided
Includes information that you do not have the right to disclose or make
available under any law or under contractual or fiduciary relationships
(such as insider information, or proprietary and confidential information
learned or disclosed as part of employment relationships or under
Infringes upon patents, trademarks, trade secrets, copyrights or other
Includes any unsolicited or unauthorized advertising, promotional materials,
'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or any other form
of solicitation. This prohibition includes but is not limited to (a) using
eMailDodo invitations to send messages to people who don't know you or who
are unlikely to recognize you as a known contact; (b) using eMailDodo to
connect to people who don't know you and then sending unsolicited
promotional messages to those direct connections without their permission;
and (c) sending messages to distribution lists, newsgroup aliases, or group
Contains software viruses, worms, or any other computer code, files or
programs that interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment of eMailDodo or any
User of eMailDodo;
Forges headers or otherwise manipulate identifiers in order to disguise the
origin of any communication transmitted through the Services; and/or
Participate, directly or indirectly, in the setting up or development of a network
that seeks to implement practices that are similar to sales by network or the
recruitment of independent home salespeople to the purposes of creating a pyramid
scheme or other similar practices.
We built eMailDodo to help you be a more successful professional, and to help
professionals succeed. To achieving this purpose, we encourage our Users to share truthful and
accurate information. We also respect the intellectual property rights of others. Accordingly,
this Agreement requires that information posted by Users be accurate and not in violation of the
intellectual property rights or other rights of third parties. To promote these objectives,
eMailDodo provides a process for submission of complaints concerning content posted by our
Users. Our policy and procedures can be found here: eMailDodo Copyright Policy
PROVISIONS APPLICABLE TO USERS REGISTERING FROM FRANCE.
The following provisions apply if your country of registration is France, you are
using eMailDodo from France, and you are using the French version of eMailDodo:
PROVISIONS APPLICABLE TO USERS REGISTERING FROM GERMANY.
In accordance with Article L. 121-20 of the French Consumer Code, you are hereby informed
that you have a seven (7) day period from the opening of your account to exercise your right
of retraction, without any penalty or cause. However, in accordance with Article L.
121-20-2, 1' of the French Consumer Code, this right of retraction cannot be exercised once
you have used the services of the account in question.
You agree that you will not participate directly or indirectly in a network seeking to
implement practices similar to 'snowball' sales or services as set forth in Articles L 122-6
and L 122-7 of the French Consumer Code.
The following provisions apply and prevail over the above stated clauses if your
country of registration is Germany, you are using eMailDodo from Germany and you are using the
German version of eMailDodo:
PROVISIONS APPLICABLE TO USERS REGISTERING FROM THE UNITED KINGDOM.
Subject to the provisions contained in the following paragraph and irrespective
of legal ground, eMailDodo is liable only for damages resulting from the intentional
misconduct or gross negligence of eMailDodo, its legal representatives, employees or
authorized agents ('Agents'). For damages resulting from the gross negligence of eMailDodo
or its Agents, liability is limited to damages commonly associated with the agreement in
question. For damages caused by eMailDodo or its Agents in the absence of intentional
misconduct or gross negligence, eMailDodo's liability is limited to the extent that
violations extend to obligations the satisfaction of which is of critical importance to the
achievement of the respective agreement's purpose (cardinal obligation). In the event that a
cardinal obligation is violated by way of light negligence, liability is limited to damages
commonly associated with the agreement in question. The above limitation of liability does
not affect liability as prescribed by the German Product Liability Act or for damages from
(1) injuries to life, body and health, or (2) the assumption of a guarantee or procurement
risk. To the extent that eMailDodo's liability is excluded or limited under the foregoing
provisions, such provisions also operate to the benefit of eMailDodo Agents in cases in
which a User sues eMailDodo Agents directly.
In case you download certain software provided by eMailDodo, you are only
entitled to decompile the Software under the rules provided in Sec. 69e Copyright Act
('Urhebergesetz') and only after eMailDodo has not provided the necessary information and
data for allowing to establish interoperability with third party hard- or software after a
written request within an adequate timeframe.
Right of Revocation.
If the User is a consumer (Sec. 13 German Civil Code), he or she may
revoke registration for the Free or Premium Membership in writing (for example by letter,
fax or eMail) without stating a reason within two (2) weeks of registration. Furthermore,
the User may cancel registration for the Premium Membership in writing (e.g. by post, fax or
eMail) within two (2) weeks without stating a reason, after changing from Free Membership to
Premium Membership. The two-week periods begin with the reception of this information in
text form. For exercising this right it is sufficient to send the revocation of the contract
to the following address: eMailDodo Company
ATTN: Legal Department, 315 Flatbush Avenue
#165, 11217 Brooklyn, New York, United States.
http://www.eMailDodo.com/feedback.php. In the event of a valid cancellation, both
parties shall be obliged to restore any benefits already received in accordance with legal
provisions, and issue any gains (e.g. interest). If the User is unable or partially unable
to restore the benefits, or only able to restore them in poor condition, to eMailDodo, then
the User is obligated to reimburse eMailDodo for the corresponding value. Each party must
fulfill its obligation for reimbursement within 30 days. The deadline begins for the User
with the dispatch of the revocation; for eMailDodo, it begins with the reception of the
revocation sent by the User. The right to revoke the contract expires if eMailDodo has begun
providing the service with the User's explicit consent before the end of the deadline for
the revocation or if the User has initiated the service himself or herself.
The following provisions apply and in the event of a conflict prevail over the above
stated clauses if you are using the Services as a consumer resident in the United Kingdom:
PROVISIONS APPLICABLE TO USERS REGISTERING FROM ITALY.
DO NOT RELY ON EMAILDODO, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE
PROVIDE THE PLATFORM FOR EMAILDODO AND ALL INFORMATION AND SERVICES ON AN 'AS IS' AND 'AS
AVAILABLE' BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. EMAILDODO IS
NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES
(SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT)
SENT THROUGH EMAILDODO TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR
USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR
TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS
OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY.
EMAILDODO DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO
ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER
USERS OF THE COMMUNITY; THEREFORE, EMAILDODO DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR
ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. EMAILDODO DOES NOT GUARANTEE THAT THE
SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN
PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR
SYSTEM OR NETWORK FAILURES. EMAILDODO DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH
INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, EMAILDODO DISCLAIMS ALL LIABILITY FOR
ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE EMAILDODO SITE
DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE
SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
eMailDodo does not exclude or limit in any way its liability for fraud or
fraudulent misrepresentation or death or personal injury caused by its negligence.
In case you download certain software provided by eMailDodo, you are only
entitled to decompile the Software to the extent permitted by law where this is
indispensable to obtain the information necessary to achieve the interoperability of an
independently created program with the Software or with another program and such information
is not readily available from eMailDodo or elsewhere.
Right to Cancel.
You hereby acknowledge that we shall immediately commence the provision of
the Services upon creation of your User account or your payment for the Premium Services has
been processed. In such circumstances, and because you consent to the commencement of the
Services at this time, the right to cancel the contract under the Distance Selling
Regulations 2000 is not applicable. However, you may terminate this Agreement at any time in
accordance with clause 7.
The following provisions apply and prevail over the above terms and conditions if
your country of registration is Italy, you are using eMailDodo from Italy and you are using the
Italian version of eMailDodo:
Pursuant to Article 1229 of the Italian Civil Code, the limitations of
liabilities under Section 6 will not be valid and effective for damages resulting from the
intentional misconduct or gross negligence of eMailDodo, its legal representatives,
employees or authorized agents.
Right of Withdrawal.
Should the User be a consumer, according to Article 64 of the Italian
Consumer Code, he will be entitled to a period of ten business days to withdraw from the
contracts with eMailDodo without any penalty or cause. The period for exercising the right
of withdrawal shall commence from the day of the opening of your account and - with regard
to the contracts regarding further Premium Services provided by eMailDodo - from the day of
the conclusion of the relevant contract. The right of withdrawal may be exercised within
such delay by written notice (also by certified e-mail) at the address here below.
Notification may also be sent, by the same delay, by telegram, telex, e-mail or facsimile
machine, provided that confirmation is also given by recorded delivery (with notification of
receipt, also by certified e-mail) by no later than 48 hours thereafter. eMailDodo Company
ATTN: Legal Department, 315 Flatbush Avenue #165, 11217 Brooklyn, New York, United
http://www.eMailDodo.com/feedback.php. As a consequence of the withdrawal, the
parties will be released from their respective obligations arising out of the Contract. If,
in the meantime, any obligations have been performed in full or in part, the withdrawal
shall not affect the further obligations provided for by Article 67 of the Italian Consumer
Code. The right of withdrawal shall not apply to the provision of services if provision
thereof has already begun, with the consumer's agreement before the end of the period
referred to in Article 64 of the Italian Consumer Code.
1012 KL Amsterdam
August 31, 2020