Terms and Conditions

These Terms and Conditions are effective from June 21, 2021 (“Effective Date”).

Owner of the website

The owner of the website http://www.emailselections.org (hereinafter, the “Website”) is DQ Leads B.V. (hereinafter, “the Company”, “we” or “us”), a Dutch company, with VAT number NL859239408B01, and registered office at Tingietersweg 34, 2031ES Haarlem. It is registered in the Companies Registry of Haarlem, Chamber of Commerce number: 72795301.

The Company carries out its activity within the permission-based e-mail marketing sector (advertising campaigns upon prior consent of the recipient). It is mainly dedicated to direct marketing, affiliate marketing and online advertising.

If you have any questions regarding these Terms and Conditions, you may contact us at [email protected].

Users of the Website

By visiting the Website (whether or not you are a registered member) and/or using any related service, you become a user of the Website and therefore you accept and agree to be bound by these Terms and Conditions and any additional terms and conditions appearing on the Website, including any future modifications, and to abide by all applicable laws, rules and regulations. Please read through these Terms and Conditions and any additional terms carefully.

The Company may modify these Terms and Conditions at any time, and each such modification will be effective upon posting on the Website. Please read the Effective Date at the top of these Terms and Conditions to know when they were last updated. All material modifications will apply prospectively only. Your continued use of the Website and/or our services following any such modification constitutes your acceptance to be bound by these Terms and Conditions as so modified. It is therefore important that you review these Terms and Conditions regularly. If you do not agree to be bound by these Terms and Conditions and to abide by all applicable law, you must discontinue your use of this Website and our services immediately.

Please bear in mind that the registration on the Website is limited to users aged eighteen (18) years and above. An authentication mechanism does not allow the registration of (a) those who do not enter their year of birth with valid characters, which must show that you are of legal age, and (b) those who do not expressly accept their majority of age. By registering yourself on the Website, you warrant that you are of legal age.

Users’ obligations

You undertake to use the Website as well as any related content, service and information diligently, in accordance with the law, morality, public order and under the provisions of these Terms and Conditions.

In this regard, you shall refrain from using them in any way that could prevent their normal functioning and enjoyment by other users of the Website, or that could infringe any right or cause any damage to the goods of the Company, its affiliates, suppliers, users or any third-party.

When it comes to the use of the Website and our services, you agree not to use the Website as well as our services to:

  • Introduce, store or disseminate, through the Website or through any related services, viruses, bots, worms, or any other computer code, files or programs that are likely to damage, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, the Website and/or any related services.
  • Use false identities or impersonate or attempt to impersonate any person or entity in the use of the Website or any related services by using passwords or access codes of third-parties or otherwise.
  • Destroy, alter, disable or damage the data, information, programs or electronic documents of the Company, its suppliers or third-parties.
  • Use contents and information obtained through the Website to send advertising, commercial communications, or to collect or store personal data of third-parties.
  • Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights.
  • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to our services, including the Company’s servers, networks or accounts.
  • Cover, remove, disable, block or obscure advertisements or other portions of our services.
  • Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from our services, or to circumvent or modify any security technology or software that is part of our services.
  • Use our services to advertise or promote competing services.
  • Use our Website and/or services in a manner inconsistent with any and all applicable law.
  • Attempt, facilitate or encourage others to do any of the foregoing.

You acknowledge that the Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates these Terms and Conditions, including but not limited to, terminating their user account and/or reporting such user conduct or activity to law enforcement authorities.

You acknowledge, consent and agree that the Company may access, preserve or disclose information you provide to us, when the Company has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of the Company, our subsidiaries or affiliates, or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the Website and/or our services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process. Please read our Privacy Policy for further details about how we use your data.

All registration information you submit to create an account must be true, accurate, complete and up to date. You acknowledge that you will be liable for any damages, direct or indirect, that may arise from any breach of such obligation. If data provided belong to a third-party, you warrant that you have informed said third-party of the aspects contained herein and obtained his/her consent to provide the data to the Company for the purposes specified in our Privacy Policy.

You are responsible for maintaining the confidentiality of your password as well as for any use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, e-mail address or password of another member or subscriber at any time. You agree to notify the Company immediately if you suspect any unauthorized use of, or access to, your account or password.

Termination

These Terms and Conditions remain in full force and effect while you use the Website and/or any related service.

If you are receiving newsletters from the Company, you may terminate your subscription at any time, for any reason, by following the unsubscribe instructions in the newsletter or by sending your request a [email protected].

The Company may terminate your access to any Company service at any time, for any or no reason, with or without prior notice or explanation, and without liability.

Furthermore, even after your access to any Company service is terminated, these Terms and Conditions will remain in effect.

You agree that your account is non-transferable and any rights to your account terminate upon your death.

Website Content

The Website offers you the possibility to register online as an Advertiser and/or Affiliate. Please bear in mind that additional terms and conditions shall apply in these cases. Read carefully all applicable terms and conditions before registering as an Advertiser or Affiliate.

Any material presented in the Website including, but not limited to, audio, images, software and/or text (henceforth referred to as “Content”) is protected according to the Intellectual Property Laws. The Content shall not be used in any manner other than as established in these Terms and Conditions. It is prohibited to eliminate references to copyright or commercial brands and any other corresponding references. We may take legal action against any party that makes an unauthorised use of the Content.

You are only authorised to use the Website for personal purposes. Therefore, you are always an end consumer and not a reseller or otherwise. Supply, copy, exchange, modification, selling and transmission of any Content to which you may have access through the Website for any purpose is not permitted, whether paid or not, unless you are authorized by the Company or, where appropriate, by the third-party holders of the corresponding rights, or unless it is legally permitted.

Save for personal data if registering, any communication or material that you send to the Website, including details, questions, comments, ideas, suggestions or similar, will be considered non-confidential information by the Company. Said communication may be used by the Company or its affiliates for any purpose, including but not limited to reproduction, disclosure, publication, retransmission and forwarding. In addition, you acknowledge and accept that the Company will be free to use (without restriction, time limit or compensation to you) in any way and for any purpose, any ideas, concepts or techniques included or derived from any user-Website correspondence.

Third-Party Links and Services

The Website may include links to other websites, applications, resources or other services created by third-parties (“third-party services”). When you engage with a third-party service, you are interacting with the third-party, not with the Company. If you choose to use a third-party service and share information with it, the third-party services may use and share your data in accordance with the third-party service’s privacy policy and your privacy settings on such third-party service. You should read the corresponding privacy policy carefully before using a third-party service. In addition, the third-party providing the third-party service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. The Company is not responsible for and makes no warranties, express or implied, as to the third-party services or the providers of such third-party services (including, but not limited to, the accuracy or completeness of the information provided by such third-party service or the privacy practices thereof). The inclusion of any third-party service or a link thereto on the Website and/or at any Company service does not imply approval or endorsement of the third-party service. The Company is not responsible for the content or practices of any websites other than our Website, even if the third-party website links to our Website and even if it is operated by an affiliated company or a company otherwise connected with our Website. By using the Website or any Company service, you acknowledge and agree that the Company is not responsible or liable to you for any content or other materials hosted and served from any website other than our Website. When you access third-party services, you do so at your own risk. The Company encourages you not to provide any personally identifiable information to any third-party service unless you know and are comfortable with the party with whom you are interacting.

Privacy and Cookies Policy

The use of this Website and related services is also governed by our Privacy Policy and our Cookies Policy, which are incorporated into these Terms and Conditions by this reference.

Disclaimers

The Website and any related service are provided “AS-IS” and “as available” and the Company does not guarantee or promise any specific results from the use of the Website and any related service. The Company expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, the Company makes no warranty that your use of the Website and/or any related service will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the Company services or third-party services (including but not limited to, through third-party advertisements) will be accurate or reliable. Under no circumstances will the Company be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Website and any related service, problems or technical malfunction in connection with use of the Website and/or the Company services, any material downloaded or otherwise obtained in connection with the Website and/or the Company services, any third-party advertisement or third-party service posted on, through or in connection with the Company services, or the conduct of any users of the Company Services, whether online or offline. Your use of third-party advertisements, third-party services and the goods or services provided by any third-parties is solely your responsibility and at your own risk. Third-party advertisements and third-party Services do not necessarily reflect the opinions or policies of the Company.

Limitation on Liability

IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES (DIRECT OR INDIRECT) ARISING FROM YOUR USE OF THE WEBSITE AND/OR THE COMPANY SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES. NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR IN ANY WAY LIMIT THE COMPANY’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR ANY OTHER LIABILITY TO THE EXTENT SUCH LIABILITY MAY NOT BE EXCLUDED OR LIMITED BY LAW.

Jurisdiction and applicable law

These Terms and Conditions will be governed by, and construed in accordance with, the laws of Spain, without regard to its conflict of law provisions. You and the Company agree to submit to the exclusive jurisdiction of the Courts of Madrid to resolve any dispute arising out of these Terms and Conditions or services provided by the Company.

Indemnity

You agree to indemnify and hold the Company, its affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Website or any related service, your breach of these Terms and Conditions, your violation of any rights of another, through or in connection with the Company services.

Other

The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions will not operate as a waiver of such right or provision.

All Section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

These Terms and Conditions operate to the fullest extent permissible by law. If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

Please contact us at [email protected]  with any questions regarding this these Terms and Conditions.

THROUGH THE USE OF THE WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU ACCEPT TO COMPLY WITH ALL ITS PROVISIONS.