These Terms of Service (these “Terms”) explain how you can use DestroyMail mobile apps, websites, services and software (collectively “DestroyMail”), provided by D2MP Media, LLC (“D2MP,” “we” or “our”) so please read these Terms before you get started. They apply to all visitors, users, and others who access DestroyMail (“users”).

By using DestroyMail you agree to be bound by these Terms and to the collection and use of your information as spelled out in our Privacy Policy. If you are using DestroyMail on behalf of a group or organization, you agree to these Terms for that group or organization and represent that you have the authority to do so (in that case, “you” and “your” refers to that group or organization).

Using DestroyMail

DestroyMail is an app that lets you manage your email from your mobile device.  When signing up for DestroyMail, you agree to provide accurate information. You also understand that you’re responsible for the activity in your DestroyMail app and for safeguarding any passwords that you use. This goes without saying, but you‘re not allowed to access another user’s account without permission.

Use of and Access to DestroyMail

You agree to use DestroyMail and our services responsibly – which means, for example, you agree not to interfere with DestroyMail or our services or try to access them using a method other than the interface and the instructions that we provide.

You agree not to:

We may permanently or temporarily revoke or suspend your access to DestroyMail without notice and liability for any reason including your violation of these Terms. Upon termination for any reason or no reason, you continue to be bound by these Terms.

Who can use DestroyMail?

You can use DestroyMail only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws and regulations. Sorry kids – use of DestroyMail by anyone under 13 is strictly prohibited.


Content

Your Stuff is Your Stuff

You retain ownership of any intellectual property rights that you hold in your stuff. So, what belongs to you remains yours – we don’t own it. These Terms do not give us any rights to your stuff or intellectual property except for the rights we need to provide DestroyMail to you, as explained in these Terms. You are responsible and liable for anything you copy, share, upload, download, attach, send, receive, record or otherwise do while using DestroyMail, and you represent that your stuff is actually your stuff or that you have all necessary rights to use your stuff on or through DestroyMail.

By using DestroyMail, you give us the permissions needed to provide our services to you through DestroyMail, including extending that permission to trusted third parties that help us to run DestroyMail. Our Privacy Policy explains exactly how we collects and use your information generally.  And it confirms that we have no ability to read your email.

Our Stuff is our Stuff

We retain our rights, title, and interest in DestroyMail, and all that makes up DestroyMail, including, without limitation, software, design, text, graphics, logos, patents, trademarks, service marks, copyrights (“our stuff”), and all intellectual property rights related to our stuff. Subject to these Terms, we give you a non-exclusive, limited, non-transferable, freely revocable license to use DestroyMail for your personal, noncommercial use only (aka you can’t resell DestroyMail). Just as you retain ownership over your stuff, we reserve all rights not expressly granted in these Terms in DestroyMail and our stuff. To the best of our knowledge, DestroyMail does not infringe on the intellectual-property rights of any person or entity. These Terms do not provide you with any rights to use our trademarks, logos, domain names, or other brand features. Use of our stuff for any purpose not expressly permitted by these Terms is strictly prohibited.

You may choose to give us feedback or ideas about DestroyMail, including improvements (“ideas”). By submitting an idea, you agree that you’re doing it out of the goodness of your heart and not for financial gain or other recognition. We are free to use the idea or share it with others, or we may use a similar idea, developed by our employees or obtained from another source.

Copyright

You are responsible and liable for your stuff and what you otherwise copy, share, upload, download, attach, send, receive, record or otherwise use while using DestroyMail.

We will respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. Such notices should be reported as outlined in our DMCA Policy. We reserve the right to suspend your account, delete or disable content alleged to be infringing and/or terminate the account of a repeat infringer.

Privacy and Security

Your privacy is extremely important to us – we care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. Please review our Privacy Policy, which explains exactly how we collect and store your stuff.

Software

Software from D2MP: Some use of DestroyMail requires you to download a client software package (“the app”). To use the app you must have a device that is compatible, so we cannot guarantee that the app will work on your device. We grant you a limited, nonexclusive, nontransferable, revocable license to use the app, solely to access DestroyMail. Your license to use the app is automatically revoked if you violate these Terms. You may not copy, modify, distribute, sell, or lease any part of DestroyMail or included software, nor may you reverse engineer or attempt to extract the source code of that software (unless laws prohibit those restrictions or you have our written permission or delete the copyright and other proprietary rights notices on the app).

Software from iTunes: You acknowledge and agree these Terms are solely between you and D2MP, not Apple, and that Apple has no responsibility for DestroyMail or the content sent or received using DestroyMail. Your use of DestroyMail must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support for DestroyMail services. If DestroyMail fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of DestroyMail to you.  To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to DestroyMail, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to D2MP as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to DestroyMail or your possession and/or use of DestroyMail, including, but not limited to: (i) product-liability claims; (ii) any claim that DestroyMail fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to D2MP as provider of the software. You acknowledge that, in the event of any third-party claim that DestroyMail or your possession and use of DestroyMail infringes that third party’s intellectual-property rights, D2MP, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual-property infringement claim to the extent required by these Terms. You and D2MP acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of DestroyMail, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right to enforce these Terms as relates to your license of DestroyMail against you as a third-party beneficiary of the software.

App Updates: From time to time, we may issue upgraded versions of the app. You agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the app is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the app or a copy of the app, and D2MP and our partners and suppliers retain all rights and interest in the app. Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.


Modifying and Terminating Service

We are constantly changing and improving DestroyMail. We may add or remove features, and while we’ll do our best to give you advance notice about any major changes, you understand that we may stop, suspend, or change DestroyMail at any time without prior notice. We may also remove content from DestroyMail at our discretion.


Miscellaneous Legal Terms

Below are some explicit definitions of legal terms.

Indemnity

You agree to defend, indemnify, and hold harmless D2MP and its subsidiaries, agents, licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to DestroyMail, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual-property rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your stuff or any that is submitted via your account; or (vi) any other party’s access and use of DestroyMail with your unique username, password, or other appropriate security code.

No Warranty

We promise to make efforts to provide you with a great service, but we can’t promise everything. DestroyMail is provided on an “as-is” and “as available” basis. Use of DestroyMail and the software is at your own risk. To the maximum extent permitted by applicable law, DestroyMail and the software is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, D2MP and its licensors do not warrant that the content is accurate, reliable, or correct; that DestroyMail or the software will be available at any particular time or location, uninterrupted, or secure; that any defects or errors will be corrected; or that DestroyMail or the software is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of DestroyMail is downloaded at your own risk and you will be solely responsibly for any damage to your computer system or mobile device or loss of data that results from download or use of the service.

Limitation of Liability

To the maximum extent permitted by law, in no event will D2MP, its affiliates, officers, employees, agents, suppliers, or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary, or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not D2MP has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of $20 or the amounts paid by you to D2MP for the past three months of the services in question. Some states do not allow the types of limitations in this paragraph, so they may not apply to you. DestroyMail is controlled and operated from facilities in the United States. D2MP makes no representations that DestroyMail is appropriate or available for use in other locations. Those who access or use DestroyMail from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.

Notification Procedures and Changes to these Terms

D2MP may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by D2MP in our sole discretion. D2MP reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms. D2MP is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. D2MP may, in its sole discretion, modify or update these Terms from time to time, so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of DestroyMail after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) DestroyMail.


Governing Law and Arbitration.

Governing Law

These Terms and the use of DestroyMail services and software will be governed by Ohio law. You agree to submit to the personal jurisdiction of the federal and state courts located in Cuyahoga County, Ohio, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.

Arbitration

For any legal dispute with D2MP, you agree to first contact us at legal@destroymail.com and attempt to resolve the dispute with us informally. In the unlikely event that D2MP has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any D2MP claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Cuyahoga County, Ohio, unless you and D2MP agree otherwise. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual-property rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and D2MP are each waiving the right to a trial by jury or to participate in a class action.

These Terms constitute the entire and exclusive agreement between you and D2MP with respect to DestroyMail, and supersede and replace any other agreements, terms, and conditions applicable to DestroyMail. These Terms create no third-party beneficiary rights. D2MP’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but may be assigned by D2MP without restriction. D2MP and you are not legal partners or agents.


Changes

We may modify or update these Terms of Use from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the terms in a material manner, we will update the ‘last modified’ date at the bottom of this page, post a notice to the DestroyMail website or mobile app, or reach out to you via email. By continuing to use DestroyMail, you agree to be bound by the most recent version of the Terms of Use.

D2MP Media, LLC
1300 W. 9th St. #636
Cleveland, OH 44113


Please contact us at legal@destroymail.com with any questions regarding these Terms.
Last Modified: August 26, 2013