One has to clearly differentiate between the services offered by Campaign Monitor and Freaked-Out I.S ("freakedout"). The main mission of freakedout is to provide a Joomla! extension, which ultimately enables other Joomla! site operators to use all of the features, which the Campaign Monitor API provides. By registering on our site, you agree to our Terms of Service.

The Services are provided subject to this Agreement, as it may be amended by freakedout, and any guidelines, rules or operating policies that freakedout may establish and post from time to time (the “Agreement”). By posting updated versions of the Agreement at the Joomailer.com web site, or otherwise providing notice to you, freakedout may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service.

1 - Subscription - Support & Upgrades for Joomailer

• See Features list
• Access to the latest version of Joomailer beta - Campaign Monitor Integration for Joomla!

The beta subscription includes:

• The current stable tested version of Joomailer beta.
• Support to get you going
• Upgrades for the duration of the beta (planned: 3 months)
• Access to the forums, participate to shape the final release
• Engage in interesting conversations with other members and share your ideas for email campaigns
• The right to do what you want with the 'Joomailer - Campaign Monitor Integration for Joomla!' extension

The Final Release subscription includes:

• The stable final tested version of Joomailer for you to use on your clients' projects
• Support to get you going
• Upgrades for the duration of your subscription or the life cycle of the extension (whichever comes first)
• Regularly new email templates, easily adaptable for your clients
• Access to the forums, participate to continue the implementation of new nifty features
• The right to do what you want with the 'Joomailer - Campaign Monitor Integration for Joomla!' extension
• Access to new Joomailer Newsletter Templates (designed by our guest designers)
  

2 - Costs & Duration

2.1 - Beta

• 3 Month Support & Upgrades Subscription for 30 Euro
  
  
• You receive 3 months Support for the latest beta version as well as first release candidates
• You will have to upgrade your subscription to receive the Final Release
• Beta subscribers will get a 30 Euro discount on the final release subscription

2.2 - Final Release (Planned release date March 2010)

• Quarterly Support & Upgrades Subscription (3 Months) for 45 Euro
• Access to the latest version of Joomailer - Campaign Monitor Integration for Joomla!

The subscription costs 10 Euro a month during the Beta phase and 15 Euro per month for the final release. We do quarterly payments to reduce administration costs, there will only be 3 months of beta support. Your beta subscription runs for 3 months in case you choose not to upgrade to the Final Release.

So the initial subscription payment during the beta is 30 Euro and 45 Euro once the final release is available.

3.0 - Membership in the Joomailer Community

• The Joomailer subscription includes access to the Community Forum
• Read the Forum Rules here.

4.0 - Open Source - GPLv3.0

You may do whatever you want with the source as long as you obtain it through our site. It is GPLv3.0 and the license must be alongside the sourcecode at all times.

5.0 - Affiliation with certain brands

The Joomailer Subscription Fee nor Joomailer has in any way to do with Campaign Monitor the brand nor Joomla! the brand. It serves to support the ongoing Joomailer - Campaign Monitor Integration for Joomla! - Project provided by the freakedout. By subscribing you receive access to download the latest version of the Joomailer extension for Joomla 1.5 native. You may then do whatever you want with it.

6.0 - Licenses

Joomailer is licensed under the GPLv3 http://www.gnu.org/licenses/gpl-3.0.html

The Campaing Monitor API is licensed under the BSD license http://www.opensource.org/licenses/bsd-license.php

Parts of the Joomailer functions provided by Joomailer are subject to the Campaign Monitor Terms of Service and other Agreements, such as the Anti-Spam Policy and Privacy Policy.

The Joomla!® name is used under a limited license from Open Source Matters in the United States and other countries. Joomailer.com is not affiliated with or endorsed by Open Source Matters or the Joomla! Project.

7.0 - Warranty Disclaimer; Remedies

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. freakedout DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND freakedout DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for freakedout to use commercially reasonable efforts to adjust or repair the Services.

8.0 - Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL freakedout OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “freakedout“) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF freakedout SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, freakedout IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF freakedout TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

9.0 - Joomailer Newsletter Subscription

By subscribing for the Support and Upgrade subscription, we assume that you are otherwise interested in similar products and extensions provided by freakedout, so you are included in our members updates & releases newsletter, from which you can unsubscribe via the unsubscribe mechanism at the bottom of each email.

10.0 - Our Privacy Policy

See our Privacy Policy here.

11.0 - Miscellaneous

• If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
• freakedout and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
• No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind freakedout in any respect whatsoever.
• In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
• The Agreement shall be governed by the laws of the Federal Republic of Germany without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Berlin, Germany.