This Agreement constitutes an integral part of the Terms of Services for my.com Website and is available on the Internet on the page of the Mail Service and on a separate page at: http://legal.my.com/us/mail/tou/ .
This Agreement contains specific norms regulating the relationship between the Licensee and the Licensor on use of MyMail Mail Service, that have direct effect in relation to the norms contained in the Terms of Services and other rules, regulating operation of the other Services.
In case of absence in this Agreement of provisions that fully define (reveal) the rights and obligations of the Parties on use of MyMail Mail Service, the Parties shall be guided by the terms and conditions of the Terms of Services.
1.1. Mail Service is a free computer program available to the Licensee through personal device (mobile device) and operated by the Licensor, which allows the Licensee according to the terms and conditions hereof and of the Terms of Services to create and use electronic mailboxes for exchange of electronic messages (e-mails), and for storage of information of the Licensee to the extent provided by functionality of the program.
1.2. Website is an Internet website located at www.my.com. The Licensor places the information that is obligatory for the Licensees on the Website.
1.3. The Licensor (Website Administration) is MY.COM B.V. that provides to the Licensees the right to use the Mail Service on conditions of a non-exclusive license and carries out dissemination to the public, reproduction, operation, maintenance, administration of the Mail Service. On the terms and conditions hereof, the Licensor provides the right to use the Mail Service and access of the Licensees to the Mail Service and its Additional Functionality. The Licensor is a Party hereof.
1.4. The Licensee (User) is a person having the necessary legal capacity for conclusion hereof, properly passed the registration procedure through the App and joined this Agreement and the Terms of Service in the manner provided by these agreements. The Licensee is a Party hereof.
1.5. Mail Client is a free program available to the Licensee through the Website and/or mobile application and operated by the Licensor, which allows the Licensee according to the terms and conditions hereof and the Terms of Services to create several Accounts within the Mail Service, to import Messages and contacts from the User's electronic mailboxes registered on the resources of third parties for their further display in the corresponding Accounts. Mail client imports and temporarily and securely stores Messages on the Licensor’s server (solely for the purposes of quick Messages delivering, sending new Message notifications to the Licensee and providing access to the rest of the Mail Client functionality).
1.6. Account is the information on a specific electronic mailbox of the Licensee displayed within the Mail Service. At primary introduction through the App of login and password from the electronic mailbox, the corresponding Account is created in the Mail Client, and it allows to identify this electronic mailbox and to make transition from the content of one electronic mailbox to the content of the other. For each electronic mailbox a separate Account, containing all the information, contacts and Messages, imported from this concrete electronic mailbox, is created. The structure of Messages storage (including, but not limited to, the name and the order of the folders created by the Licensee in the electronic mailbox) imported from the electronic mailbox, is stored and displayed in the corresponding Account.
1.7. Electronic Mailbox is an electronic mailbox that is created by the Licensee within the functionality of the Mail Service.
1.8. Messages are electronic messages (letters) that are sent/received by the Licensee through the electronic mailbox. The Messages are available only to those persons with whom the Licensee exchanges electronic messages.
1.9. Content is design elements, images, graphics, photographs, scripts, texts, videos, music, sounds and other objects placed within the Mail Service, that are the result of intellectual activity or not, the rights to which are owned by the Licensor, the Licensee or other persons. The Licensee retains any ownership and intellectual property rights the Licensee has in the content in his Messages.
1.10. Additional Functionality of the Service is additional functional (program) opportunities of the Mail Service, the right of use whereof may be provided to the Licensee for a payment, the amount and conditions of such payment are defined herein and on pages of appropriate sections of the Mail Service/Website.
1.12. The App is the “My.com” mobile application designed to run on a mobile devices and tablets.
2.1. Before using the Mail Service, the Licensee shall be obliged to get acquainted with this Agreement, and also with all applicable rules and other provisions that are placed on the Website and in the Mail Service and that constitute an integral part hereof.
2.2. The Licensee is considered joined the Agreement (accepted the terms and conditions of the Agreement) from the moment of registration process completion through App (Account creation), in the order specified herein.
By every subsequent use of the Mail Service (access to the Electronic Mailbox (authorization)), the Licensee expresses a consent with the terms and conditions hereof in the version as in force at the moment of actual use of the Mail Service.
The Licensee shall have the right to get access to the Mail Service through the App for the Mail Service.
3.1. In accordance with the terms and conditions hereof the Licensor shall provide to the Licensee on the terms of an ordinary nonexclusive license the right to use the Mail Service as a software and a database, including an access to the main functions of the Mail Service and information placed in it, as well as to the Additional Functionality of the Service within the limits and ways determined hereby, except for the rights to use the Content, unless otherwise provided herein.
3.2. The right to use the Mail Service except for its Additional Functionality is provided to the Licensee free of charge.
3.3. The Licensee shall be entitled to get the rights to use the Additional Functionality of the Mail Service. The general terms and conditions to acquire the rights of use of the Additional Functionality of the Mail Service are contained in this Agreement.
3.3.1. The amount of the Licensor's fee, order of its payment and conditions of using the Additional Functionality of the Mail Service are placed in the corresponding section of the Mail Service.
3.3.2. Acquisition of the rights to use the Additional Functionality of the Mail Service shall not be a necessary condition of the service use in general. The rights of using the Additional Functionality of the Mail Service are provided at the request and desire of the Licensee. The Additional Functionality of the Service may be used by the Licensee only within the service.
3.4. Operation and maintenance of the Mail Service shall be carried out exclusively by the Licensor. Use by the Licensee of the Mail Service shall be carried out in interactive (online) mode by means of connection of the Licensee to App through the World Wide Web. The Licensor is the owner of necessary volume of rights to use the Mail Service and all its elements, either individually or in the aggregate, except for the Content, the rights to the elements whereof may belong to third parties. The Licensor shall be entitled to carry out use, operation and distribution of the Mail Service in the respective territories where he/she provides its use, operation and distribution.
3.5. The Mail Service, including all scripts, the Mail Client, the Content, separate elements and formalization of the Mail Service are provided "as is".
3.6. The Licensor shall not provide any guarantees that the Mail Service or its elements may be suitable for specific purposes of use. The Licensor cannot ensure and does not guarantee any specific results from use of the Mail Service or its elements.
3.7. The Licensor shall undertake commercially reasonable efforts for ensuring functioning of the Mail Service in the round-the-clock mode; however he/she does not guarantee lack of breaks, connected with technical malfunctions, carrying out preventive maintenance, and also does not guarantee full or partial operability of its separate elements. The Licensor does not guarantee that the Mail Service or any of its elements will function in any concrete time in future or that they will not stop working.
3.8. The Licensor shall not guarantee compliance of design and elements and Content placed in the Mail Service, including by other Licensees, to individual ideas of the Licensee about morality and ethics.
4.1. The Licensee shall be entitled to use the Mail Service in the following ways:
4.1.1. to use the main and Additional Functionality of the Service by participation in creation of the Electronic Mailbox/Account, change of its content by means of sending and receiving electronic messages (interaction with other Licensees), information processing and storage, observing the rules provided hereby;
4.1.2. upon payment of the corresponding right of use of the Additional Functionality of the Mail Service according to this Agreement, to use the specified Additional Functionality;
4.2. The Licensee shall not be entitled:
4.2.1. to reproduce, distribute, process in commercial or non-commercial purposes the elements of the Mail Service, which are object of copyright of the Licensor, other Licensees or third parties, in the absence of permission of the corresponding right holders to commission of these actions;
4.2.2. to reproduce elements of design or user interface of the Mail Service.
4.2.3. to distribute outside the Mail Service in commercial or non-commercial purposes audiovisual displays and account data of other Licensees, that are present in the service, without the consent of these Licensees;
4.2.4. to transfer the rights of use of the Mail Service provided to the Licensee and/or its Additional Functionality to other Licensees or third parties by means of the conclusion of sublicense agreement or otherwise;
4.2.5. to violate the rules of use of the Mail Service specified herein and in the Terms of Services.
5.1. The order of creation, obtaining/restoration of access to the Electronic Mailbox, processing of registration data of the Licensee, and restriction of rights of the Licensee set by the Licensor on use of the Mail Service are contained herein, in appropriate sections of the Terms of Services and other documents constituting an integral part hereof.
5.2. For users who create the Electronic Mailbox for the first time, it is necessary to select a name of the Electronic Mailbox at account creation through the App..
5.3. In order to access and use the features of the Mail Service, the Licensee acknowledges and agrees that he will have to provide Mail Service with his mobile phone number. When providing his mobile phone number, the Licensee must provide accurate and complete information. When providing the Lisensor with mobile phone number the Lisensee acknowledges and agrees to receive SMS Messages.
5.4. After passing the account registration procedure, the User is offered to create the Electronic Mailbox according to the selected name by the User.
5.5. Every subsequent entry (after creation) to the Electronic Mailbox shall be carried out through authorization procedure - introduction of login and password of the Licensee or by other way available to the User and permitted by the Licensor.
5.6. The person authorized through the App shall be considered the appropriate owner of the Electronic Mailbox created by him/her.
5.7. Access to the Mail Service/Electronic Mailbox may be carried out only through the App.
5.8. When using the Mail Service by the Licensee, the cookies and other technologies for automatic authorization of the Licensee in the Electronic Mailbox may be applied, as well as for collection of statistical data, in particular, on the Mail Service traffic.
5.9. The Licensee shall be entitled to limit or prohibit use of the cookies and other technologies (provided that such option is available) by the corresponding settings.
5.10. In case of loss of data (login and password) for the electronic mailbox registered by the Licensee on the third party resource, that were used by the Linceseer for access to the Mail Service through the Mail Client, recovery of the lost data shall be carried out only by request to the relevant resource of the third party.
6.1. The Licensor shall exercise the current administration of the Mail Service, independently define structure, appearance, resolve or limit access of the Licensees to the Mail Service at violation of provisions hereof, carry out other rights belonging to him/her.
6.2. With regard to granting possibility of interaction between the Licensees, including granting to the Licensees of opportunity to independently make any actions within the Mail Service, the Licensor shall act only as the person organized technical capability of such interaction. Transfer, storage and ensuring access by means of the Internet to the Service of information, graphics and other materials provided by the Licensees, associated with such interaction, shall be carried out without change of such materials or influence on their contents from the Licensor.
6.3. The Licensor shall independently resolve issues on order of advertisement placement within the Mail Service, participation in partner programs, inclusions in the contents of the Mail Service, the Content, etc.
6.4. The Licensor shall have the right:
6.4.1. to change at any time the design and user interface of the Mail Service, their contents, the content of provided functions, including the Additional Functionality of the Service, to change or supplement used scripts, software, the Licensor's Content and other objects that are used or stored within the Mail Service, with or without notice of the Licensee;
6.4.2. to delete without any reasons and without notice any Content, including the Content that, at the discretion of the Licensor, violates and/or may violate the applicable legislation, provisions hereof, the rights of other Licensees or third parties, to do them harm or to endanger the safety;
6.4.3. to delete at own discretion any information, including Messages of the Licensee, as well as any other information and materials placed by the Licensee (Content) violating the applicable legislation, both within the Mail Service. ;
6.4.4. to suspend, limit or stop access of the Licensee to all or to any of the sections of the Mail Service (to the Electronic Mailbox of the Account), communities, service functions, including its Additional Functionality at any time without explanation, with or without the prior notice;
6.4.5. to delete the Electronic Mailbox of the Licensee at own discretion, including in case of the Licensee's actions violating the applicable legislation and/or provisions hereof;
6.4.6. to provide to the Licensee for a payment the right of use of the Additional Functionality of the Service on the conditions provided hereby and in the appropriate sections of the Mail Service;
6.4.7. to carry out mailout of Messages to the Licensees (including messages by e-mail, sms-messages, etc.), that are notices on introduction of new, or cancellation of old functions of the Mail Service, as well as containing advertizing information on functions of the Mail Service;
6.4.8. Mailout to the Licensees of the messages containing advertizing of goods or services of the third parties shall not be carried out without the prior consent of the Licensees.
6.4.9. for collection of statistical data and identification of the Licensee to establish and keep information on IP addresses of the Licensee's access to the Electronic Mailbox/Account, to use files of technical information (cookies) and to apply other permitted technologies of information collection;
6.4.10. when using the Mail Service to do remarks to the Licensees, to warn, notify, inform them on non-observance by the Licensees hereof or of other agreements regulating work of other services of the Website. The instructions of the Licensor given to the Licensee during the process of use of the Mail Service shall be obligatory for the Licensee;
6.4.11. to undertake the measures not prohibited by the law for protection of own intellectual rights concerning the Mail Service;
6.5. The Licensor shall be obliged:
6.5.1. on the conditions set out herein, to provide rights to use the Mail Service as software and/or databases and its Additional Functionality;
6.5.2. to notify the Licensee by publication of information on the Website or mailout of messages to the Electronic Mailbox on changes of the terms and conditions hereof.
7.1.1. to produce settings of the Electronic Mailbox/Account within functionality of the Service. within the provided volume of rights;
7.1.2. to send and receive Messages via the Electronic Mailbox/Account;
7.1.3. to get the rights of use of the Additional Functionality of the Service and to realize these rights according to this Agreement;
7.1.4. to carry out other actions that are not prohibited by the applicable legislation, this Agreement or terms and conditions of the Terms of Services, connected with the use of the Mail Service.
7.1.5. to delete any messages or the Account in general using the settings of the Mail Client.
7.2. The Licensee shall be obliged:
7.2.1. to observe the terms and conditions hereof without any restrictions;
7.2.2. not to exceed limits of use of the Mail Service and the Additional Functionality of the Service established herein;
7.2.3. not to violate otherwise intellectual property rights of the Licensor concerning the Mail Service/Website or any of its elements, in particular, the Licensee shall have no right to copy, transmit, send out, publish, or otherwise distribute or reproduce the materials (text, graphic, audio-video materials) placed by the Licensor within the Mail Servicewithout the written consent of the Licensor;
7.2.4. to independently undertake the appropriate measures ensuring safety of his/her Electronic Mailbox/Account and preventing unauthorized access to them by the third parties (in particular, at possible use of the Licensee's personal device by the third parties);
7.2.5. to follow all instructions and orders of the Licensor. In case of non-performance by the Licensee of such instructions the Licensor shall have the right to suspend, limit, stop granting to the Licensee of the rights of use of the Service or its separate functions, including the Additional Functionality of the Service;
7.2.6. at the request of the Licensor in connection with the conclusion and performance hereof to confirm the registration data including surname, name, middle name, other data;
7.2.7. not to place for display of the Electronic Mailbox owner of other persons' photo, as well as photos where there are other persons besides the Licensee, without their prior consent, except for the cases when such consent is not required;
7.2.8. to get acquainted from time to time with the content hereof on the Internet at: http://legal.my.com/us/mail/tou/ and to monitor the amendments made;
7.2.9. to observe other requirements and to fulfill other obligations provided hereby.
7.3. The Licensee shall bear responsibility for illegal actions that are carried out with the use of his/her Electronic Mailbox/Mail Service, as well as in connection with the Content placement with the use of these Licensees' data on the Websites/websites of the third parties, at forums, in comments and in other sections of the Website/Services.
7.4. The Licensee shall bear personal responsibility for any Content or other information that he/she places in the Mail Service (in the Electronic Mailbox/Account) or carries out mailout through the Mail Service.
7.5. The Licensee shall guarantee that he/she possesses all necessary powers for the conclusion hereof. In case the Licensee has not reached the age allowing to independently make actions on use of the Mail Service and to bear responsibility or has become completely incapacitated due to other circumstances provided by the current legislation, he/she shall be obliged to independently obtain the necessary permission in the form required by law from his/her parents or legal representatives.
7.6. The Licensor shall agree that:
7.6.1. at commission by the Licensee of any actions with Messages (including, but not limited to, sending, transfer of Messages, except for removal) in the corresponding Account, the results of such actions shall be carried out in the corresponding electronic mailbox;
7.6.2. at commission by the Licensee of any actions with Messages (including, but not limited to, sending, transfer of Messages, except for removal) in the electronic mailbox, the results of such actions shall be carried out in the corresponding Account;
7.6.3. by means of the Mail Client the automatic updating of the Accounts content of the corresponding electronic mailboxes is carried out. Term of updating shall be defined by the Licensor at own discretion unilaterally.
7.7. When deleting messages and/or other information for any reason at the initiative of the Licensee, in any Account, or deleting the Account in general, the Messages and/or other information in the electronic mailbox of the corresponding Account are not removed.
7.8. Contacts are imported from the electronic mailboxes to the corresponding Accounts at the first access (account creation through the Mail Client) to the Mail Service using the Mail Client. The Licensor shall reserve the right not to update the contacts in the Licensee's Accounts.
7.9. The Licensee shall be prohibited:
7.9.1. to collect registration data of other Licensees;
7.9.2. to use any automatic or automated means for collection of the information placed within the Mail Service;
7.9.3. to carry out through the Mail Service propaganda or agitation instigating social, racial, national or religious hatred and enmity, war propaganda, social, racial, national, religious or linguistic superiority;
7.9.4. to carry out mailout of information that propagandizes suicide, describes methods of suicide and any incitement to commit suicide; information on narcotic and psychotropic substances, including information on drug distribution, prescriptions for their manufacture and tips on usage;
7.9.5. to carry out spam sending - mass mailout of commercial, political, advertizing and other information (including hyperlinks leading to websites with such information and/or to websites that contain malicious software) if the receiving Licensees did not express their consent to obtaining such information;
7.9.6. to specify when creating the Electronic Mailbox/Account or subsequently enter obviously false or fictitious information on himself/herself, in particular fictitious or other person's name and surname;
7.9.7. to carry out the actions aimed at destabilizing the functioning of the Mail Service, to carry out attempts of an unauthorized access to the administration of the Mail Service or its closed sections (including the sections, access to which is allowed only to the Licensor), as well as to carry out any other similar actions;
7.9.8. to carry out any other actions contradicting the policy and creation purposes of the Mail Service or violating the applicable legislation.
8.1. The Licensee shall guarantee that he/she will take appropriate measures for ensuring confidentiality of registration data (login and password), used by him/her for authorization in the Mail Service and prevention of possible authorization by other persons.
8.2. The Licensor shall not be liable for possible failures and breaks in operation of the Mail Service and information loss caused by them. The Licensor shall not bear responsibility for any damage to personal device of the Licensee, to mobile devices, any other equipment or software, caused or connected with the use of the Mail Service.
8.3. The Licensor shall not be liable for any damage, including the lost profit, or harm, caused in connection with use of the Mail Service, the Content placed in it or other materials, to which the Licensee or other persons got access by means of the App, even if the Licensor warned or pointed out the possibility of causing such damage or harm.
8.4. The Licensor shall not be liable for loss of access possibility by the Licensee to the Electronic Mailbox/Account loss of personal device or possible use of the personal device by third parties
8.6. The Licensor shall not be liable for incomplete, inexact, incorrect indication of the Licensee of his/her data at Account creation and the Electronic Mailbox/Account in the Mail Service.
8.7. The Licensor shall not be responsible for safety and does not guarantee delivery of Messages (letters) to the recipient, as well as any other information placed by the Licensee in the Electronic Mailbox/Account.
8.8. The Licensor shall not be responsible for absence of the Licensee's access to the Internet, for quality of the Internet service provider with whom the Licensee concluded agreements on service delivery for the Internet access.
8.9. The Licensor shall not reimburse the Licensee for the expenses connected with acquisition by the Licensee of the rights of use of the Additional Functionality of the Service, including in case of suspension or termination of access to the Electronic Mailbox/to the Mail Service or suspension or termination hereof for any reason.
8.10. The Licensor disclaims any obvious or implied guarantees of accuracy, relevance, harmlessness, faultlessness of legality and/or reliability of the Content, data, advertizing and information materials placed by the Licensors or other third parties. The Licensor shall not guarantee that characteristics of your personal device are sufficient to use the Mail Service.
8.11. The Licensor shall not be responsible for direct or indirect loss and lost profit of the Licensee or other third parties, caused as a result of:
8.11.1. an unauthorized access of any third party to the personal information of the Licensee;
8.11.2. a removal of the Electronic Mailbox/Account, Content or termination of functioning of the Mail Service in general.
8.12. The Licensor shall not be obliged to provide to the Licensee any proofs, documents and other evidence testifying the violation by the Licensee of terms and conditions of the Agreement as a result whereof the Licensee was refused providing access to the Mail Service or its separate functions, including the Additional Functionality of the Service, or such access was stopped and/or limited.
8.13. The claims of the Licensee forwarded to the Licensor shall be accepted and considered on condition of indication of the actual and authentic data of the Licensee, specified at registration on the creation of the Electronic Mailbox/Account. In view of possible existence of the Electronic Mailboxes with similar registration data, the Licensor shall be entitled to demand additional data and information, allowing to define the reason of the claim or to establish the Electronic Mailbox's belonging to the person forwarded the claim.
9.1. The Licensee shall be entitled to use the Mail Service and the Additional Functionality of the Service in the ways, described herein, in all the territories in which it is available with the use of standard computer means and programs.
9.2. The right of use of the Mail Service is provided to the Licensee during all term of the service functioning unless exhaustion of the provided volume of the rights comes earlier.
9.3. This Agreement shall be terminated if:
9.3.1. the Licensor makes decision on amendment of the provisions hereof, on need of the conclusion with the Licensees of a new agreement, termination hereof concerning the Licensee, termination of administration and maintenance of the Mail Service..
9.3.2. the Licensee makes a decision on termination of use of the Mail Service, by independent removal of the Account/Electronic Mailbox or by sending a notice to the Licensor on removal of the Account and all previously created Electronic Mailboxes;
9.3.3. The Licensor shall be entitled at any time without notice of the Licensee and without explanation to terminate this Agreement in an unilateral extrajudicial order with immediate termination of access and opportunity to use the Mail Service and without compensation of any expenses, losses or return of the obtained hereunder, including in the case of:
9.4. The Licensor shall be entitled at any time without notice of the Licensee and without explanation to suspend access and opportunity to use the Mail Service without compensation of any expenses, losses or return of the obtained hereunder, including in case of any, including single, violation by the Licensee of the terms and conditions hereof.
9.5. This Agreement does not provide a concession of any exclusive rights or issue of an exclusive license to any components of the Mail Service from the Licensor to the Licensee.
9.6. In case the Licensee according to the laws of his/her state is prohibited to use the Internet or social networks or there are other legislative restrictions, including restrictions on the age of admission to such software, the Licensee shall not be entitled to use the Mail Service. In that case the Licensee shall be solely responsible for the service use in the territory of his/her state in violation of the local legislation.
10.1. This Agreement may be amended by the Licensor without any prior notice. Any amendments to the Agreement made by the Licensor unilaterally enter into force on the day following the date of publication of such amendments on the Website of the Licensor. The Licensee shall be obliged to independently verify the Agreement for amendments. Failure by the Licensee of actions on acquaintance with the Agreement and/or amended version of the Agreement cannot serve as a basis for non-execution by the Licensee of the obligations and non-compliance by the Licensee of the restrictions set by the Agreement.
10.2. This Agreement and relationship of the Parties in connection with this Agreement and use of the Service is regulated by the legislation of England and Wales.
10.3. Concerning the form and way of the conclusion hereof the legal rules of England and Wales are applied, regulating the order and conclusion conditions of the agreement by acceptance of the public offer.
10.4. All disputes of the parties hereunder shall be settled by correspondence and negotiations with the mandatory pre-trial (claim) order. In case of impossibility to reach a consent between the Parties by negotiations within sixty (60) calendar days from the moment of receiving by the other Party of the written claim, the dispute consideration shall be brought to the court at the location of the Licensor (with an exception of jurisdiction of the case to any other courts) by any interested party.
10.5. Regarding the questions connected with performance of the Agreement, please refer at the location of the Licensor: Barbara Strozzilaan 201, 1082HN, Amsterdam, the Netherlands.
Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.