Terms and Conditions2019-10-03T07:10:46-05:00

Terms and Conditions

Introduction

Thanks for using Jinglz Inc.’s products, services, websites, and app some of which are branded and doing business as “Campaign Tester” and Campaign Tester’s Services (collectively “Services”).

These Terms of Use (“TOU”) contain the terms under which Jinglz, Inc. D/B/A Campaign Tester provide their Services to you and describe how the Services may be accessed and used. If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.

1. Fees and Payments

1.1. Fees for Services.

You agree to pay Campaign Tester for each Campaign or Service purchased or used, in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you enter at the time of purchase. Your credit card statement may reflect Jinglz, Inc. as the merchant. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify Campaign Tester of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms and contracts between you and Jinglz, Inc. dba Campaign Tester.

1.2. Taxes.

Prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying Taxes associated with your purchase and keeping your billing information up to date.

(a) United State Sales Tax. If we have a legal obligation to pay or collect sales tax for which you are responsible, we will calculate the sales tax based upon the billing information we have about you and charge you that amount (which may be the highest prevailing rate then in effect, if your billing information is incomplete or inaccurate), unless you provide us with a valid tax exemption certificate acceptable to the appropriate taxing authority.

  • If you provide us with a tax exemption certificate, you represent and warrant that it accurately reflects your tax status and that you will keep such document current and accurate.
  • If we subsequently determine, in our sole discretion, that your tax exemption document is valid, we will refund the sales tax collected.
    1. Privacy

2.1. Privacy.

In the course of using the Services, you may submit content to Campaign Tester (including your personal data and the personal data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately. Please review Campaign Tester’s Privacy Policy, detailing how we treat your Content. By purchasing a Campaign or other Campaign Tester Services you agree that Campaign Tester may use and share your Content in accordance with the Campaign Tester privacy policies and applicable data protection laws. If you are a client who is operating as “data controller” as defined in the European General Data Protection Regulation 2016/679 (“GDPR”), you also agree that you are responsible for notifying third-parties who submit Content to you through our Services about the Campaign Tester privacy policies.

2.2. Confidentiality.

Campaign Tester will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the Campaign Tester privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms, by Campaign Tester); (b) was lawfully known to Campaign Tester before receiving it from you; (c) is received by Campaign Tester from a third- party without knowledge of breach of any obligation owed to you; (d) is shared in the context of your account being migrated to an organization’s Enterprise account, if your account is registered using a work email address within that organization; or (e) was independently developed by Campaign Tester without reference to your Content. Campaign Tester may disclose your Content when required by law or legal process, but only after Campaign Tester, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.

2.3. Security.

Campaign Tester will store and process your Content in a manner consistent with industry security standards. Campaign Tester has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content.

If Campaign Tester becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account (“Security Incident”), Campaign Tester will take reasonable steps to notify you without undue delay, but in any event within 72 hours of becoming aware of the Security Incident. Campaign Tester will also reasonably cooperate with you with respect to any investigations relating to a Security Incident to prepare any required notices, and provide any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by Campaign Tester.

  1. Your Content

3.1. You Retain Ownership of Your Content.

You retain ownership of all of your intellectual property rights in your Content. Campaign Tester does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.

3.2. Limited License to Your Content.

You grant Campaign Tester a worldwide, royalty-free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, for the limited purposes of providing the Services to you and as otherwise permitted by the Campaign Tester privacy policies. This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of Campaign Tester’s business. This license also extends to any trusted third-parties we work with to the extent necessary to provide the Services to you. If you provide Campaign Tester with feedback about the Services, we may use your feedback without any obligation to you.

3.3. Advertising Customers.

Campaign Tester may identify you (by name and logo) as a Jinglz and Campaign Tester Services customer on Campaign Tester and/or Jinglz’s website and on other promotional materials. Any goodwill arising from the use of your name and logo will inure to your benefit.

3.4. Copyright Claims (DCMA Notices).

Campaign Tester Inc. responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been exploited in a way that constitutes copyright infringement, you may notify Campaign Tester’s agent for claims of copyright infringement. Please review our complete DMCA Policy, herein incorporated by reference, for further information and instructions relating to our DMCA takedown process and procedures. 

  1. Campaign Tester IP

4.1. Campaign Tester IP.

Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). 

  1. User Content

5.1. User Content.

The Services display content provided by others that is not owned by Campaign Tester. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Campaign Tester is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.

5.2. Content Review.

You acknowledge that, in order to ensure compliance with legal obligations, Campaign Tester may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law, industry standards, or these Terms. However, Campaign Tester otherwise has no obligation to monitor or review any content submitted to the Services.

5.3. Third Party Resources.

Campaign Tester may publish links in its Services to internet websites maintained by third parties. Campaign Tester does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.

  1. Account Management

6.1. Keep Your Password Secure.

If you have been issued an account by Campaign Tester in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Campaign Tester, are responsible for any activity occurring in your account (other than activity that Campaign Tester is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Campaign Tester immediately. Accounts may not be shared and may only be used by one individual per account.

6.2. Keep Your Details Accurate.

Campaign Tester occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate.

6.3. Remember to Backup.

You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Campaign Tester will not be liable for any failure to store, or for loss or corruption of your Content.

6.4. Account Inactivity.

Campaign Tester may terminate your account and delete any Content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.

  1. User Requirements

7.1. Legal Status.

If you are an individual, you may only use the Services if you have the power to form a contract with Campaign Tester. If you do not have the power to form a contract, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.

7.2. Minors.

“Minors” are individuals under the age of 18.. None of the Services are intended for use by Minors. If you are a Minor in your place of residence, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.

7.3. Embargoes.

You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving the Services, or are on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid Services from Campaign Tester. You will ensure that: (a) your end users do not use the Services in violation of any export restriction or embargo by the United States; and (b) you do not provide access to the Services to persons or entities on any of the above lists.

  1. Acceptable Uses

8.1. Legal Compliance.

You represent and warrant that you will comply with all laws, regulations, and industry standards applicable to your use of the Services.

8.2. Your Responsibilities.

You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:

(a) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.

(b) You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.

(c) You may not circumvent or attempt to circumvent any limitations that Campaign Tester imposes on your account (such as by opening up a new account to conduct a survey that we have closed for a Terms violation).

(d) Unless authorized by Campaign Tester in writing, you may not probe, scan, or test the vulnerability of any Campaign Tester system or network.

(e) Unless authorized by Campaign Tester in writing, you may not use any manual or automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.

(f) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.

(g) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.

(h) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Campaign Tester will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Campaign Tester.

(i) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.

(j) Unless authorized by Campaign Tester in writing, you may not resell or lease the Services.

(k) If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless Campaign Tester has agreed with you otherwise. You may not use the Services in a way that would subject Campaign Tester to those industry-specific regulations without obtaining Campaign Tester’s prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate business associate agreement with Campaign Tester that permits you to do so.

(l) You may not register accounts by “bots” or other automated methods.

(m) Your Content and use of the Services may not violate our Content Policy.

  1. PCI Compliance

We utilize service provider that are compliant with the Payment Card Industry Data Security Standards (the “PCI Standards”). 

  1. Suspension and Termination of Services

10.1. By You.

You can terminate your account at any time through your account management page. Such termination will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Services. For clarity, we will not grant a refund where you have used our Services, collected responses, and/or downloaded your responses unless the termination is due to our material, uncured breach or a refund is required by law.

10.2. By Campaign Tester.

Campaign Tester may suspend performance or terminate your Account for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after Campaign Tester has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, Campaign Tester may limit, suspend, or terminate the Services to you: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) if we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where Campaign Tester may decide that we need to take immediate action without notice. Campaign Tester will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. Campaign Tester has no obligation to retain your Content upon termination of the applicable Service.

10.3. Further Measures.

If Campaign Tester terminates your account or otherwise stops providing the Services to you because you repeatedly or egregiously breach these Terms, Campaign Tester may take measures to prevent the further use of the Services by you, including blocking your IP address.

  1. Changes and Updates

11.1. Changes to Terms.

Campaign Tester may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the Campaign Tester website. If an amendment is material, as determined in Campaign Tester’s sole discretion, Campaign Tester will notify you by email. Notice of amendments may also be posted to Campaign Tester’s blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Campaign Tester to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.

11.2. Changes to Services.

Campaign Tester constantly changes and improves the Services. Campaign Tester may add, alter, or remove functionality from a Service at any time without prior notice. Campaign Tester may also limit, suspend, or discontinue a Service at its discretion. If Campaign Tester discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. Campaign Tester may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.

  1. Disclaimers and Limitations of Liability

12.1. Disclaimers.

While it is in Campaign Tester’s interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND CAMPAIGN TESTER DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.

12.2. Exclusion of Certain Liability.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, CAMPAIGN TESTER, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF CAMPAIGN TESTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12.3. Limitation of Liability.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF CAMPAIGN TESTER ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO CAMPAIGN TESTER FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$200.00.

12.4. Consumers.

We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.

12.5. Indemnification.

If you are a business, you will indemnify and hold harmless Campaign Tester and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) (“Indemnification Amounts”) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.

If you are any kind of user, you will indemnify and hold Indemnified Entities harmless from any Indemnification Amounts arising out of a breach of your obligation in Section 1.3 to ensure your tax exemption certificate, if any, accurately reflects your current tax status.

  1. Contracting Entity

13.1. Who you are contracting with.

Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, Jinglz, Inc dba Campaign Tester.

13.2. Campaign Tester.

For any Service provided by Campaign Tester, the following provisions will apply to any terms governing that Service:

  • Contracting Entity and Notice address. References to “Campaign Tester”, “we”, “us”, and “our” are references to Jinglz, Inc., located at: PO Box 743041, Boynton Beach, Florida, USA, 33474. Notices sent to Campaign Tester pursuant to this Agreement shall be mailed to this address by certified mail return receipt requested.
  • Governing Law. These Terms are governed solely by the internal laws of the State of Florida without regard to: a) its conflict of laws provisions that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or c) other international laws.
  • Jurisdiction. Except if prohibited by applicable law, each party submits to the personal and exclusive jurisdiction of the state courts located in Palm Beach County, Florida, and the federal courts located in the Southern District of Florida with respect to the subject matter of those terms.
  1. Additional Terms

14.1. Assignment.

You may not assign these Terms without Campaign Tester’s prior written consent, which may be withheld in Campaign Tester’s sole discretion. Campaign Tester may assign these Terms at any time without notice to you.

14.2. Entire Agreement.

These Terms (including the Additional Terms) constitute the entire agreement between you and Campaign Tester, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void. 

14.3. Independent Contractors.

The relationship between you and Campaign Tester is that of independent contractors, and not legal partners, employees, or agents of each other; the Parties will so represent themselves in all regards.

14.4. Interpretation.

This Agreement will not be construed in favor or against either party by reason of authorship. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.

14.5. No Waiver.

A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.

14.6. Severability.

If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.

14.7. Third Party Beneficiaries.

There are no third party beneficiaries to these Terms.

14.8. Survival.

The following sections will survive the termination of these Terms: 1, 2, 3.2, 10, 12, 13, 14, 15, 16, and 17.

Date of Last Revision: September 23, 2019

CAMPAIGN TESTER DMCA POLICY

Jinglz, Inc. D/B/A Campaign Tester (“Campaign Tester”) respects the intellectual property rights of others and expects its visitors, participants, and clients to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, and specifically in accordance with 17 USC § 512(c)(3), Campaign Tester will respond expeditiously to claims of copyright infringement committed using the Campaign Tester’s Service, App, and/or any website (the “Site”) if such claims are reported to Campaign Tester’’s Designated Copyright Agent identified below.

Before submitting a DMCA notice, it’s important to consider if the manner in which the material is used falls under fair use.  You are required to give consideration to whether a use of material is fair before submitting a takedown notification. If you are not sure whether material infringes your copyright, or if it is subject to fair use protections, you should first consider seeking legal advice.

Please be advised that under Section 512(f) of the DMCA, you “shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.”

DMCA Notice of Alleged Infringement (“Notice”)
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing a DMCA Notice of Alleged Infringement and delivering it to Campaign Tester’s Designated Copyright Agent. Upon receipt of Notice as described below, Campaign Tester will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site. Please note that if you fail to comply with all of the requirements of this section and of 17 USC § 512(c)(3) your DMCA notice may not be valid.

    • Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by your Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
    • Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
    • Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
    • Include both of the following statements in the body of the Notice:
      • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
      • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
    • Provide your full legal name and your electronic or physical signature.
    • Deliver this Notice, with all items completed, to Campaign Tester’s Designated Copyright Agent:


Copyright Agent
Jinglz, Inc. D/B/A Campaign Tester
P.O. Box 743041
Boynton Beach, FL 33474
legal@campaigntester.com

DMCA Counter-Notice of Alleged Infringement
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright holder, the holder’s agent, or pursuant to law, to post and use the material in your content, you may send a Counter-Notice containing the following information to Campaign Tester’s Copyright Agent:

    • Your physical or electronic signature;
    • Identification of the content that was removed or to which access has been disabled as a result of mistake or a misidentification of the content; and
    • Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Palm Beach County, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
  • If a Counter-Notice is received by the Copyright Agent, Campaign Tester may send a copy of the Counter-Notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten business days. Unless the copyright owner files an action seeking a court order against Campaign Tester or the person who has posted allegedly infringing content, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the Counter-Notice.

Campaign Tester Policy Regarding Repeat Infringers
Campaign Tester does not condone or tolerate copyright infringement or any violation of the intellectual property rights of Campaign Tester or of others. Campaign Tester reserves the right to terminate the access and/or use privileges of any person who has been determined to be a ‘repeat infringer’ of the copyrights of Campaign Tester or others. Campaign Tester reserves the right to define the criteria by which Campaign Tester will determine that a person is a ‘repeat infringer.’ In the event that repeat infringer’ is defined by statute, law, or regulation as applicable to 17 USC § 512, Campaign Tester will adopt that definition as a minimum standard. Without limiting Campaign Tester’s right to define ‘repeat infringer,’ as a general rule, Campaign Tester will define a ‘repeat infringer’ as any person or entity about whom Campaign Tester has received two or more DMCA Notices of Alleged Infringement. Campaign Tester will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a ‘repeat infringer’ is appropriate.


REGARDLESS OF WHETHER CAMPAIGN TESTER TERMINATES ACCESS AND/OR USE PRIVILEGES OF ANY PERSON OR ENTITY, ‘REPEAT INFRINGER’ OR OTHERWISE, CAMPAIGN TESTER IN NO WAY WAIVES ANY RIGHT TO PURSUE ANY AVAILABLE REMEDY AT LAW OR IN EQUITY AGAINST COPYRIGHT INFRINGERS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATORS, NOR WILL CAMPAIGN TESTER INDEMNIFY OR PROVIDE LEGAL REPRESENTATION TO ANY ALLEGED INFRINGER IN ANY ACTION ARISING FROM THE ALLEGED INFRINGER’S USE OF ANY CAMPAIGN TESTER WEBSITE OR SERVICE, EXCEPT AS EXPRESSLY DESCRIBED IN THIS NOTICE.