YouMail Terms of Use Agreement
Use of the YouMail service, whether through the YouMail website (www.youmail.com) (the "Website"), telephone access, or through any mobile device (together, the "Service") is governed by these Terms of Use. Use of the Service constitutes your agreement to follow these rules and to be bound by them.
The Service is provided by YouMail, Inc. ("YouMail" or the "Company") with offices at 2102 Business Center Dr, Irvine, California. This is a legal agreement ("Agreement") between you ("you") and the Company, so please read this Agreement and all related information referenced by this Agreement carefully before registering for the Service. By completing your registration and checking on the "I agree to the YouMail Terms of Use" on the Website, you will become a registered user of the Service (a "Registered User") and you agree to be bound by the Terms of Use (the "Terms") and by this Agreement for as long as you continue to be a Registered User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE. The Terms are subject to change by the Company at any time, effective upon posting updated Terms of Use on the Website; any use or access of the Service after such notice will constitute acceptance by you of such changes.
1. PRIVACY
Please review our Privacy Notice, which also governs your use of the YouMail Service, to understand our practices.
2. NO CHILDREN UNDER THE AGE OF 13
You affirm that you are over the age of 13, as the YouMail Service is not intended for persons under 13. If you are under 13 years of age, your use of the Service is prohibited and we ask that you please not use the YouMail Service.
3. SUBSCRIBE TO YOUMAIL (OPT-IN)
To subscribe (opt-in) to our Service, you can register from our Website and we will guide you through the process.
4. NO CHARGE FOR STANDARD SERVICE; YOUMAIL PREMIUM SERVICES
- Price and availability are subject to change without notice.
- YouMail reserves the right to reject or cancel orders that use a coupon code that was obtained from a bulletin board, other internet site, or that are in violation of any coupon restrictions.
- We also reserve the right to limit any product sold, or prohibit a sale altogether, at anytime.
- YouMail does not charge for the Service or to become a Registered User. YouMail does, however, offer services and features that require selection and agreement to fees prior to the use of the service or feature. Such services and features are called "Premium Services".
- No credit card number or obligation to pay for the standard Service is required if you do not choose to use a Premium Service.
- YouMail provides a rich set of features and capabilities in the standard Service. YouMail intends to always provide its standard Service at no charge to its userbase.
- Examples of Premium Services include certain greetings recorded by artists may have an associated fee for usage, and voicemail transcription service plans for a fee.
- No fees will ever be charged to you without your having taken action to order the Premium Service in question.
5. POTENTIAL MOBILE PHONE SERVICE-PROVIDER CHARGES
It is generally possible for you to minimize or eliminate any unexpected additional charges from your cellular provider.- When calls are forwarded to YouMail or you call to retrieve messages, normal toll and/or long distance and plan minute usage may apply. To eliminate unexpected charges, we recommend you have a "nationwide" cell plan that includes sufficient minutes. We also recommend retrieving messages online via the Website whenever it is convenient.
- By default, YouMail sends a "voicemail received" notification to your cell phone via a text message. This may result in additional Cellular Provider charges. You can turn off these text messages by selecting the "No Notification" option via the Website. By default, you will also receive email notification of each received voicemail. If you use cell phone notification, we recommend that you have a text-messaging plan that includes enough text messages to avoid unexpected "per text" text-message charges.
- If you sign up for and confirm an order for a Premium Service, you agree to make payments for such confirmed orders. Access to Premium Service will generally require use of a credit card or PayPal account in our Website Store, all transactions are secure.
6. AFFILIATE PROGRAM FOR REGISTERED USERS OF PREMIUM SERVICES
Eligible Registered Users who are active users of Premium Service(s) may earn credits and cash by introducing new Registered Users of Premium Service(s) to YouMail. The agreement (the "Affiliate Program Agreement") governing the Affiliate Program for Registered Users of Premium Service(s) (the "Affiliate Program") is located on this website page. All Registered Users of Premium Service(s) current in payments on their accounts and who are in compliance with and meet all the terms of this Agreement and the Affiliate Program Agreement are eligible to participate for the Affiliate Program. All Registered Users automatically agree to and are subject to all the terms of the Affiliate Program Agreement in addition to this Agreement.
7. HELP AND SUPPORT
Many common questions can be answered through the "Help" link/page on the Website. Problems you are having with the Service can be submitted via the "User Feedback/Technical Request" via the "Help" link/page on the Website, through email sent to support@youmail.com, or by calling YouMail support at (800) 374-0013 Monday through Friday from 9:00 am to 5:00 pm Pacific Time. From your mobile phone, you can request our contact information at any time by texting "HELP" to 52894.
8. COPYRIGHT
All content included on the Website, including all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of YouMail, Inc. or its content licensors and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of YouMail, Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of YouMail, Inc. or its software licensors and protected by United States and international copyright laws.
9. PROPRIETARY RIGHTS.
The Company owns and retains proprietary rights in the Service. The Service contains copyrighted material, trademarks, patented technology, and other proprietary information of the Company, its licensors and licensees.
10. COPYRIGHT INFRINGEMENT
You shall be solely responsible for your own Voice Greetings and the consequences of recording and publishing them. You affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to upload/record without restriction and without infringing the rights or any other party all content used for your Voice Greetings; and (ii) without limiting the foregoing, you have the written consent, release, and/or permission of each and every identifiable individual person in your Voice Greetings to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Voice Greetings.
11. WARRANTIES.
a. THE COMPANY PROVIDES THE SERVICE TO INDIVIDUAL END USERS ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE. WITHOUT LIMITING THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.b. The Company does not warrant that your use of the Service will be secure, uninterrupted, always available, or error-free, that the Service will meet your requirements, or that any defects in the Service will be corrected. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
12. LIMITATION OF LIABILITY.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY'S AND ITS AFFILIATES’ AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU TO THE COMPANY IN CASH IN CONNECTION WITH YOUR ACCOUNT. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
13. INDEMNITY BY REGISTERED USER.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, contractors, agents, attorneys and accountants from and against any and all claims, losses, judgments, damages, and liabilities (including reasonable attorneys' fees), whether or not involving a third party ("Claims"), relating to or arising out of (a) your use of the Service, including any breach by you of the Terms of this Agreement, (b) personal injury, death or tangible physical property damage in connection with Affiliate’s act or omission, and (c) without limiting the foregoing, Affiliate’s acts or omissions in connection with this Agreement or Affiliate’s breach hereof, in each case to the extent such Claim or Claims do not result solely from the gross negligence, recklessness or intentional act of YouMail or such other indemnified persons. To the extent the indemnity available to YouMail or the other indemnified persons named above is lesser than that available to any such person or entity under the Affiliate Program Agreement, the indemnification under the Affiliate Program Agreement shall govern with respect to such circumstance and such person or entity.
14. NO RESALE OF SERVICES.
You will not reproduce, duplicate, copy, sell, resell, make available for gain or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
15. COMPLAINTS
To resolve a complaint regarding the Service, you should first contact the Company by clicking on the "Support" link on the Website or via email to support@youmail.com.
16. TERMINATION (OPT-OUT)
- You can stop using the Service at any time. You are under no long term obligation. Instructions to assist you if you wish to go back to your mobile phone carrier’s voicemail are on the "Help" link/page on the Website.
- You can switch between YouMail and your carrier voicemail by changing your phone's call forwarding number at any time.
- You may opt-out of receiving text messages (SMS) by setting your Profile to "No Notification" for new voice mail. You may also Text "STOP" to 52894 from your mobile phone and we will unsubscribe you from our SMS text messaging service immediately.
- If you stop Service, you are responsible to forward your phone back to your mobile phone carrier's voicemail (instructions are provided on the Website) and for terminating any subscriptions to Premium Service you have authorized on your credit card.
- As with most services, YouMail reserves the right to terminate your account at any time effective upon providing you electronic notice via text message or the e-mail address on file. If YouMail terminates your account for any reason, your right to use YouMail immediately ceases. The Company currently does not plan to terminate any accounts, other than for non-use or for violating this agreement.
- YouMail reserves the right to terminate accounts, with prior electronic notice, that are obvious abuse of unlimited plans. Plans are specifically intended for personal use of the subscriber and voicemails associated with the subscriber.
17. FORCE MAJEURE
YouMail shall not be responsible for any failure to perform any obligation or provide service hereunder because of any (a) act of God, (b) war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, in any such case which are being experienced by providers of telecommunications services generally and not targeted or directed at YouMail specifically, or (d) other similar force beyond YouMail’s reasonable control.
18. INTERPRETATION; AMENDMENT; WAIVER; SEVERABILITY
No provision of this Agreement or any exhibit or annex hereto shall be construed strictly against any party hereto, including, without limitation, the drafter hereof or thereof. Neither this Agreement nor any provision hereof may be amended, waived or modified in any way other than by a writing executed by the party against whom such amendment, waiver or modification would be enforced. No failure to exercise, and no delay in exercising and no course of dealing with respect to any right hereunder shall operate as a waiver thereof. Nor shall a waiver by any party hereto of a breach of any provision herein be deemed a waiver of any subsequent breach. The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive its right to exercise any or all other rights and remedies. The headings or titles of the several paragraphs of this Agreement are inserted solely for convenience and are not a part of, nor shall they be used or referred to in the construction of, any provision of this Agreement. Words in the singular number shall include the plural, and vice versa. Whenever examples are used in this Agreement with the words "including," "for example," "any," "e.g.," "such as," "etc." or any derivation thereof, such examples are intended to be illustrative and not in limitation thereof. All references to the masculine, feminine or neuter genders shall mean and include all genders. In case any one or more of the provisions contained in this Agreement for any reason shall be held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, any such provision(s) shall be severed, and such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or any action in any other jurisdiction. Moreover, if one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad or unreasonable as to the period, scope or geographical area so as to be unenforceable at law, such provision or provisions shall be modified or substituted by the appropriate judicial body so as to cover the maximum period, scope or geographical area permitted by applicable law.