The law isn't enough, it's permission that counts
While the CAN-SPAM laws are a step in the right direction for reducing the spam problem, we don't feel they go far enough. Our definition of spam goes beyond the laws in most countries and encompasses what we believe to be true permission email marketing.
Spam is any email you send to someone who hasn't given you their direct permission to contact them on the topic of the email.
But that's not enough. Permission is a fuzzy word open to interpretation. Let's get into some specific scenarios so it's clear what does and doesn't constitute permission.
What kind of email addresses are OK to send to with Quick eBlast?
To send email to anyone using Quick eBlast, you must have clearly obtained their permission. This could be done through:
Basically, you can only ever email anyone who has clearly given you permission to email them specifically about the subject you're contacting them about.
What kind of email addresses ARE NOT OK to send to with Quick eBlast?
Anything outside the examples above doesn't equal permission in our eyes, but here are some examples to make sure we're crystal clear. By using Quick eBlast, you agree not to import or send to any email address which:
Sure, some of these people might have given you their email address, but what's missing is your permission to email them commercial messages. Blasting promotional emails to any of these people won't be effective and will more than likely see your email marked as spam by many of your recipients.
What content MUST I include in my email?
Every email you send using Quick eBlast must include the following:
How we'll know if you don't have permission
Quick eBlast has numerous layers of approval and monitoring to ensure you comply with our anti-spam policy. Here's a few of them:
If we do discover that you're emailing people without their permission, we will terminate your account with Quick eBlast immediately.
In the end, it's really common sense. Take off your marketing hat and put yourself in your recipient's shoes. If they don't recognize who you are or aren't interested in what you're sending, they'll think you're a spammer. It's that simple.
If you have any questions about our Anti-Spam Policy, or if you want to report spamming activity by one of our customers, please contact our abuse department at:
Canada, T6B 2L7
This Services and Products Agreement (“Agreement”) is a contract between you, your employer, and your corporate client, as the case may be, (collectively, “you”) and Quick eBlast, a division of Quick-Draw Inc. (“Quick-Draw”). It sets out the terms and conditions of your licensing products ("Products") and purchasing services ("Services")pursuant to an order form, purchase order or other documentation or webpage that incorporates this Agreement by reference (collectively, "Order Form").
Amendments to this Agreement
1. Quick-Draw reserves the right to amend this Agreement. Except as provided herein, prior to any amendment, Quick-Draw will first publish the proposed amendment with a stated effective date, on the Quick eBlast.com Web Site. If the amendment is unacceptable, you may terminate your Services or license to a Product in accordance with this Agreement. If you continue to use the Service or license the Product after the amendment becomes effective, you will be conclusively deemed to have accepted the amendment.
2. Quick-Draw reserves the right to change any aspect of the Service or its Product as network, service or policy issues require. Quick-Draw will use reasonable efforts to advise customers of significant customer affecting changes to the Service or Product by posting a notice of such changes on the Quick eBlast.com Web Site.
3. You agree to make all payments due as set out in the Order Form or other agreement between you and Quick-Draw.
Customer Software and Hardware
4. You acknowledge that you are responsible for the installation, operation and maintenance of any and all software and/or hardware required to connect to the Service or Product, including, without limitation, software and modems for Internet access.
5. Support fees may or may not be applicable depending on the terms of the Order Form, or as otherwise agreed to by you and Quick-Draw in addition to this Agreement. Please refer to the Order Form or other agreement executed by yourself and Quick-Draw for further information.
6. Quick-Draw will not provide support for components of your computer or network.
7. You are solely responsible for any content you provide to Quick-Draw with respect to the Service for use in your promotions, including, but not limited to text, software, music, sound, photographs, video, graphics or other material (“Your Content”).
Choice of Service or Product
8. You are solely responsible for determining whether the Service or Product, or any portion thereof, is suitable for your purposes. Quick-Draw does not make any representation, express or implied, that any of the Services or Products will meet your business or other needs or requirements.
9. You are solely responsible for securing, maintaining and renewing any license registration, permit, authorization or approval necessary for the conduct of your business or activities.
Rules of Use
10. SPAM is unsolicited commercial email, junk email or bulk email that has not been requested by a recipient. You agree and acknowledge that SPAM is a highly significant issue and that if SPAM complaints are issued to Quick-Draw’s upline service providers, these providers may shut down the Web Site or take other action against Quick-Draw that may cause damage or liability to be incurred by Quick-Draw.
11. The Website or any Service, Product or Work Product may be used only for lawful purposes. You agree not to:
(a) provide links to any communication where the message, or its transmission or distribution, would violate any applicable law or regulations, including those which deal with obscene communications, or where transmission is for the purpose of making an annoying or offensive communication to any other person;
(b) obstruct any identification procedures;
(c) engage in an unsolicited mass distribution of any message [NO SPAMMING!!!];
(d) engage in any activity that violates any applicable local law or regulation, including, without limitation, “anti-SPAM” laws or regulations;
(e) disrupt or interfere with the Website or any Service, Product or Work Product, or the service or product of any other Internet access provider;
(f) engage in any activity that could compromise the security of the Website or any Service, Product or Work Product or the security of other computers on the Internet;
(g) share, resell, or provide, as part of any commercial transaction, any Service or Product to any third party; and
12. You agree to abide by all applicable local, provincial, national and international laws and regulations when using any Service or Product.
Proprietary Rights and Licenses
13. You acknowledge that any content not provided by you (including, but not limited to text, software, music, sound, photographs, video, graphics or other material) contained in any Service or Product, is protected by copyright, trademark, service mark, patent or other proprietary rights and laws. Any reverse engineering of this Website or of any ImageBling.com Service or product is strictly prohibited.
14. You further acknowledge that certain names, words, titles, phrases, logos, icons, graphics or designs appearing on or in association with Services or Products, and any work product or deliverables resulting from Services (“Work Product”) may constitute registered or unregistered trade-marks, trade-names or service marks of Quick-Draw, or be used under license by Quick-Draw. The appearance of such trade-marks, trade-names and service marks in the Products, Services Work Product does not convey any rights to you to use them, except as required to comply with this Agreement.
15. Unless otherwise agreed in writing, Quick-Draw shall own all right, title and interest in and to all Work Product, including any and all intellectual property rights in and to such Work Product. You hereby assign to Quick-Draw any and all intellectual property rights you may have or may acquire in or to the Work Product. Quick-Draw hereby grants you a non-exclusive, non-transferable, perpetual, royalty free license to use the Work Product solely for your own, internal purposes and in compliance with this Agreement. Quick-Draw does not claim ownership of any of Your Content s you provide to Quick-Draw (including feedback and suggestions) , or that you otherwise post, upload, input or submit to Quick-Draw, however, by doing so, you grant to Quick-Draw and its affiliates:
(a) a license and permission to use Your Content in connection with the operation of Quick-Draw’s businesses and the provision of Services to you or others, including, without limitation in Quick-Draw’s or its affiliated associates’ marketing, advertising and promotional materials and activities. This license and permission, includes without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Content or to publish your name in connection with Your Content; and
(b) the right to sublicense the above rights.
16. No compensation will be paid to you with respect to any of Quick-Draw’s use of Your Content and Quick-Draw is under no obligation to use any of Your Content you may provide and Quick-Draw may cease using any of Your Content at any time in its sole discretion.
17. You represent and warrant to Quick-Draw that you hold all necessary rights, including without limitation, copyright and trade-mark rights, to possess, use, transmit and license any of Your Content that you post, upload, input or submit to Quick-Draw and that Your Content and the use of such does not violate or infringe upon any third party’s rights, including without limitation, copyright and trade-mark rights.
18. Unless otherwise agreed in writing, you must retain all Quick-Draw or ImageBling.com branding that appears in any Work Product prepared by Quick-Draw Entities.
Limitation of Liability
19. Quick-Draw, its affiliates, and their respective officers, directors, agents, employees, suppliers and shareholders (collectively, the “Quick-Draw Entities”) are not responsible for any loss or damage you suffer, or any party claiming through or under you, as a result of or related to use, misuse or inability to use any Service, Product or Work Product, including, but not limited to:
(a) the performance of the Internet, any Service, Product, the Website, any Work Product, or any network or system outages;
(b) the content or accuracy of any information or data, including any software viewed, downloaded, or transmitted to or from the Website or the Internet, or through the use of any Service, Product or Work Product;
(c) loss or damage resulting from the viewing, downloading, purchasing or by any other means acquiring, any material, product or service accessible through the Internet, the Website, the any Service, Product or Work Product, even if you were not aware that any such loss would be incurred;
(d) loss or damage resulting from delays, computer viruses, corruption or interruption of the Website, any Service, Product or Work Product, including deletion or failure to store messages, regardless of cause;
(e) loss or damage to your equipment, facilities, software or data, arising from mistakes, omissions, interruptions, delays, errors, non-delivery, incorrect delivery, viruses or defects in the transmission of information or data on the Website, the Internet, or in the any Service, Product or Work Product; and
(f) any direct, indirect, incidental, special, punitive or consequential damages, including but not limited to business interruption or loss of data, revenue or lost profit, resulting from or relating in any way to the inability to use or the use of the Website, any Service, Product or Work Product, even if the Quick-Draw Entities have been advised of the possibility of such damages.
This limitation applies regardless of the form of action, whether based on warranty, contract, tort or other legal theory.
20. Circumstances may arise where you or another party is entitled to recover damages from one or more of the Quick-Draw Entities. In such instance, the aggregate liability of the Quick-Draw Entities for damages is limited to one hundred dollars.
21. WITHOUT LIMITING THE FOREGOING, THE WEB SITE, AND ANY SERVICE, PRODUCT OR WORK PRODUCT IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND QUICK-DRAW, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. QUICK-DRAW EXPLICITLY DISCLAIMS ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, UNINTERRUPTED OR ERROR-FREE SERVICE, OR INTER-OPERABILITY OF PRODUCTS AND SERVICES, WHETHER ARISING BY USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE, STATUTE, OR OTHERWISE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL USE OF THE WEB SITE AND any Service, Product or Work Product IS AT YOUR OWN RISK.
Quick-Draw Indemnifies You
22. Notwithstanding anything in sections 20 or 21 above, Quick-Draw agrees to indemnify you for all demands, claims, liabilities, costs, expenses and damages, including legal fees, which result from any third party claims alleging that any Service, Product, or Work Product, except to the extent that it contains Your Content, infringes the intellectual property rights of a third party. Quick-Draw will not be required to indemnify you for any such claims if you have modified the Service, Product, or Work Product and such modification is the cause of such claim, if the alleged infringement arises from use of Your Content, if the claim is based on the combination of the Service, Product or Work Product with the products or services of a third party, or if the claim is based on your use of the Work Content other than in accordance with this Agreement. In any event, Quick-Draw’s liability under this section is limited to the amounts you have paid to Quick-Draw under this Agreement.
You Indemnify Quick-Draw
23. You agree to defend, indemnify and hold harmless the Quick-Draw Entities from all demands, claims, liabilities, costs, expenses and damages, including solicitor and his own client legal fees, which result from the use, by anyone, of your ImageBling.com Service account or your contravention of any term of this Agreement, without limitation.
Security and Compliance
24. You acknowledge that Quick-Draw has no obligation to monitor use of the Website, the Service, Product or any Work Product by any customer or other person, including the content of any web sites created using the Service, Product or Work Product. However, you agree that Quick-Draw has the right to electronically monitor the Service, Product or Work Product to ensure adherence to the terms and conditions of this Agreement, to satisfy any laws or regulations, to provide the Service or Product, or to protect itself or others.
25. You acknowledge that use of the Service, Product or Work Product may involve the transmission over the Internet of proprietary and confidential information and that Quick-Draw cannot guarantee the security of such transmissions.
27. You may stop using the Service, Product or Work Product at any time and terminate this Agreement by contacting Quick-Draw using the contact information below.
28. Quick-Draw may, in its sole discretion, suspend or restrict your rights to use the Service, Product or Work Product, or terminate this Agreement for any reason, including without limitation because:
(a) any amount is past due from you to Quick-Draw;
(b) you have been or are in breach of any term or condition of this Agreement.
29. You will not be entitled to any refunds for the suspension or restriction or your rights to use the Service, Product or Work Product, or the termination of this Agreement, and you shall not be relieved from any amounts or other liability accruing or owing to Quick-Draw prior to the time that such suspension, restriction or termination becomes effective. Sections 6-9, 11-26, and 29-37 shall survive any termination or expiration of this Agreement.
30. This Agreement, and all the documents incorporated herein, and any documents incorporating this Agreement into such documents, represent the entire agreement between Quick-Draw and you concerning the Website, Service, Product or Work Product and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between Quick-Draw and you with respect to Service, Product or Work Product and the Website.
31. Quick-Draw’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any other provision or right.
32. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
33. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remainder of this Agreement shall remain in full force and effect.
34. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable in Alberta, without regard to conflict of law principles or provisions. You agree to be bound by the laws of these jurisdictions and you irrevocably consent to the exclusive jurisdiction of the courts of the Province of Alberta and the federal courts situated in the Province of Alberta in connection with any matter arising under this Agreement. Any cause of action you may have with respect to this Agreement, the Website, Service, Product or Work Product must be commenced within one year after the claim or cause of action arose, or it shall be barred.
35. The headings in this Agreement are for convenience only and have no legal or contractual effect.
36. Quick-Draw may assign its rights and obligations under this Agreement without your prior written consent. You may not assign this Agreement.
37. When using the Website, Work Product, or Quick eBlast.com Service, you are prohibited from engaging in certain activities which include, but are not limited to, those described below.
While using the Website, Work Product, orImageBling.com Service, you are prohibited from engaging in or assisting others to engage in any activity that:
• Violates established or accepted network etiquette,
• Violates applicable FAQ's, policies, rules or guidelines of Quick-Draw or other parties,
• Disrupts or threatens the integrity, operation or security of the Website or any ImageBling.com Service or any computer or Internet system,
• Elicits complaints from other Internet users,
• Is contrary to any law or regulation, or
• In the sole judgment of Quick-Draw, is otherwise objectionable.
While using the ImageBling.com Service, Work Product or Website, you are prohibited from posting, uploading, reproducing, distributing or otherwise transmitting information or materials where such activity constitutes a criminal offence or from otherwise engaging in or assisting others to engage in any criminal offence including, but not limited to, those offences listed below:
• Communicating hatred
• Pyramid selling
• Unauthorized use of a computer
• Mischief in relation to data
• Exploitation of Children
• Obscenity or Pornography
While using the ImageBling.com Service, Work Product or Website, you are prohibited from posting, uploading, reproducing, distributing or otherwise transmitting information or materials where such activity gives rise to civil, criminal or regulatory liability or responsibility or from otherwise violating the rights or assisting others to violate the rights of Quick-Draw or any third party, including, but not limited to, the violations listed below:
• Copyright infringement
• Trademark infringement
• Patent infringement
• Industrial design infringement
38. For questions relating to this Agreement, or to terminate your account, please contact Quick-Draw at:
Canada, T6B 2L7
Quick eBlast, a division of Quick-Draw Inc,. has long recognized that individuals and companies with whom we conduct business value their privacy. However, in order to conduct global business in this increasingly electronic economy, the collection of information is often necessary and desirable. It is Quick eBlastís goal to balance the benefits of web applications with the right of individuals and companies to prevent the misuse of their information.
The collection of personal information
This Website does not collect any personally identifying information about you except when specifically and knowingly provided by you. In some circumstances, Quick eBlast may request information from you, like your name, e-mail address, company name, or telephone number. Your response to these inquiries is strictly voluntary. Quick eBlast uses this information to customize your experience on our web site. In addition, Quick eBlast may use this information for other business purposes, such as to alerting you to products and services that can assist you in your business, promoting site registration, and assisting in order processing.
In general, you can visit our site without divulging any personal information. However, there are areas of this site that require this information to complete their customization functions, and may not be available to those choosing not to reveal the information requested.
Collecting domain information
Quick eBlast also collects domain information as part of its analysis of the use of this Website. You authorize Quick-Draw Inc. to collect and retain all relevant information relating to your use of this Website. You further authorize any third party to provide Quick-Draw Inc. with such information. Quick-Draw Inc. may use IP addresses (which are not linked to personally identifiable information) to analyze trends, administer this Website, track individual user's movements and gather broad demographic information for aggregate use. This data enables us to become more familiar with which customers visit our site, how often they visit, and what parts of the site they visit most often. Quick eBlast uses this information solely to improve its Web-based offerings and will not be disclosed to third parties without your consent. This information is collected automatically and requires no action on your part.
Disclosure to third parties
However, you agree that Quick-Draw Inc. may disclose any such information to third parties if Quick-Draw Inc. believes in good faith that such release is reasonably necessary to ensure adherence to or enforce the Terms and Conditions, satisfy any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.
In cases where we believe your business interests will be served, Quick eBlast may share your contact information (with the exception of account, and ordering information) with Quick eBlast Business Partners, who can alert you about new products and services to improve your competitive edge. If you receive unwanted marketing materials from any of our Business Partners, please let them know that you wish to be removed from their contact list.
Some pages on this site use "cookies," which are small files that the Website places on your hard drive for identification purposes. These files are used for site registration and customization the next time you visit us. You should note that cookies cannot read data off of your hard drive. Your Web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. By not accepting cookies, some pages may not fully function and you may not be able to access certain information on this site.
Quick eBlast reserves the right to change, modify, or update this statement at any time without notice.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact Quick-Draw's Privacy Officer:
Canada, T6B 2L7