PLEASE READ THIS POLICY CAREFULLY BEFORE CONTINUING TO USE Bricks & Clicks Marketing’S WEBSITE AND SERVICES. BY ACCESSING AND CONTINUING TO USE THE WEBSITE AND RELATED SERVICES YOU AGREE TO BE BOUND BY THIS POLICY (AS MAY BE MODIFIED FROM TIME TO TIME) AS SET FORTH BELOW.
SUBSCRIBER’S OBLIGATIONS TO COMPLY WITH NON-US LAW
However, Your communications and relationships with other parties, including fax broadcasts, email transmissions and direct marketing, (“Marketing Communications”) may be governed by the laws, regulations and rules of other states or other countries. Which laws, regulations and rules will apply may be based on the location or domicile of You, the recipient or both, as well as the substance of the communication. A person who violates such laws, rules or regulations may be subject to civil damages as well as criminal fines and penalties. By way of example, only, You may have certain obligations under The Privacy and Electronic Communications Directive when sending Marketing Communications to recipients in the United Kingdom or the European Union, or under the Regulations On Internet Email Services when You send emails to Chinese residents. You are the only one who knows and controls to which states or countries You direct your Marketing Communications. Bricks & Clicks Marketing cannot provide legal advice to You. If you have any questions or concerns regarding what laws apply to Your Marketing Communications, You may wish to consult with Your attorney to discuss Your specific circumstances.
RECENT CHANGE TO CANADIAN LAW
As of July 1, 2014, the sending of commercial electronic messages to and from Canada will be subject to Canada’s Anti-Spam Law (“CASL”). Bricks & Clicks Marketing does not control messages that are sent by users who upload their own contacts. As a courtesy to its Subscribers, Bricks & Clicks Marketing has made modifications to certain of its Marketing Services that may assist Subscribers in complying with CASL. However, Bricks & Clicks Marketing cannot determine whether Your Marketing Communications are governed by or comply with CASL and accepts no responsibility for Your compliance with CASL.
By accessing the Website and/or using Services provided in connection therewith, you agree that (i) you lawfully engage in Marketing Communications that are in full compliance with all applicable laws, including CASL and (ii) you have all requisite consent to send the messages that you attempt to send using the Bricks & Clicks Marketing system and services.
INDEMNIFICATION OF Bricks & Clicks Marketing
As a condition of accessing the Website and/or using the Contact Database or Marketing Services, You agree to make Yourself aware of and to fully comply with all laws that may apply to Your Marketing Communications and/or other third party communications. You agree that You are in the superior position to determine where Your marketing and other communications are being sent and whether they comply with the applicable laws, regulations and rules of that location. You understand that Bricks & Clicks Marketing is relying on Your promise that You will become and remain aware and fully comply with all laws that may be applicable. You agree to fully indemnify and hold Bricks & Clicks Marketing completely harmless against any and all claims, suits, demands, penalties, fines and costs of any description that arise from, are caused by or are in any way related to your breach of Your obligations and representations, as more fully set forth in the Terms or Use.
Effective Date February 1, 2018