These Terms and Conditions (the “Terms”) govern your use of
www.nicemail.com (the “Site”). The Site is owned and operated by Emma Lemon. The Site serves as a portfolio and information resource about nicemail® and its services.
By accessing or using this Site, you indicate that you have read, understood, and agree to be bound by these Terms at all times.
THESE TERMS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT AFFECTS YOUR RIGHTS. PLEASE READ CAREFULLY.
1. Intellectual Property
1.1 Our Content
All content created by and published on this Site, including, but not limited to, layout, design elements, written content, case studies, email designs, documents, and any downloadable materials, is the property of Emma Lemon or the Site’s creators, unless otherwise stated.
This material is protected by copyright and other intellectual property laws. You may not copy, modify, reproduce, or distribute our content without prior written permission.
1.2 Client Materials and Third-Party Rights
The Site may feature work created for clients, including but not limited to:
- logos
- brand assets
- text and imagery
- email designs
- trademarks
- copyrighted materials
All such client materials remain the exclusive property of their respective owners.
They are displayed on this Site solely for the purpose of showcasing portfolio work, with permission where required.
Nothing in these Terms grants users any rights or licences to client-owned or third-party intellectual property.
1.3 Prohibited Use
You agree not to use, download, reproduce, or distribute any content, whether owned by us or by third parties, for commercial or non-commercial purposes without explicit written consent from the rights holder.
2. Limitation of Liability
To the fullest extent permitted by law, Emma Lemon and our directors, officers, agents, employees, subsidiaries, and affiliates are not liable for any actions, claims, losses, damages, liabilities, or expenses (including legal fees) arising from your use of the Site.
3. Indemnity
Except where prohibited by law, you agree to indemnify and hold harmless Emma Lemon and our directors, officers, agents, employees, subsidiaries, and affiliates from any claims or demands arising out of:
- your use or misuse of the Site, or
- your breach of these Terms.
4. Applicable Law
These Terms are governed by the laws of England.
5. Dispute Resolution
5.1. Informal Resolution
If a dispute arises, you and Emma Lemon agree to first attempt to resolve it through informal discussion.
5.2 Mediation
If informal resolution is not successful, both parties agree to submit the matter to a neutral mediator acceptable to both sides.
Mediation costs will be shared equally. The mediator’s decision is non-binding.
5.3 Rights Reserved
These Terms do not prevent either party from:
bringing a claim in small claims court,
seeking injunctive relief, or
pursuing action relating to intellectual property infringement.
6. Severability
If any provision of these Terms is deemed invalid under applicable law, that provision will be removed without affecting the validity of the remaining Terms.
7. Changes to These Terms
We may update these Terms from time to time to ensure legal compliance or to reflect changes in how we operate our Site. Users will be notified of significant changes by email or through a notice posted on the Site.
8. Portfolio Use Rights
By engaging with nicemail® or submitting an enquiry through this Site, you acknowledge that work created by Emma Lemon may be displayed in our portfolio for the purpose of showcasing capability, demonstrating results, and promoting our services, unless otherwise agreed in writing.
Portfolio use may include, but is not limited to:
- email campaigns
- lifecycle flows and CRM design systems
- strategic or creative assets
- case studies
- publicly released campaign screenshots
- anonymised white-label work
8.1 Respect for NDAs and Confidentiality
nicemail® respects all non-disclosure agreements and confidentiality obligations.
- internal documentation
- unpublished campaigns
- private performance data (unless permitted)
- confidential strategy materials
- any content marked confidential
8.2 Publicly Released Work
If work that was originally completed under an NDA or internal agreement is later publicly released by the client, for example, sent as a live email campaign or otherwise made publicly accessible, it will no longer be treated as confidential, and nicemail® may reference or display that work in our portfolio.
- email campaigns visible in subscribers’ inboxes
- campaigns posted on public archives or brand channels
- any deliverables the client has publicly published or distributed
-
However, nicemail® will not disclose internal processes, strategy documents, or any information not part of the publicly released work.
8.3 White-Label Projects
For white-label or agency engagements, nicemail® may showcase the work while omitting the end client’s identity unless explicit permission is granted.
8.4 Client Ownership Recognised
All trademarks, brand assets, and materials remain the exclusive property of their respective owners. nicemail® makes no claim of ownership over any client intellectual property.
8.5 Revoking Permission
9. Contact Details
For questions or concerns regarding these Terms, you may contact us at:
Address: 71–75 Shelton Street, London, WC2H 9JQ
You may also contact us through the
contact form available on our Site.