Postid

This Site (as defined below) is owned and operated by PostID LLC (“PostID”).
These Terms of Use (the “Terms”) shall apply to your use of the website and the releated application (together the “Site”) and govern your access and use of [www.postid.io], including any content, functionality, and services offered on our Site (whether as a guest or a registered user). Your use of the Site signifies your agreement to be bound by these Terms and the Privacy Policy, which is incorporated into these Terms by reference.
These Terms limit PostID’s liability and obligations to you, grant PostID certain rights and allow PostID to change, suspend or terminate your use of the Site. Your use of the Site is expressly conditioned on your compliance with these Terms. You agree to notify any employees, agents, household members or other individuals who will access the Site of these Terms and they must agree to be bound by these Terms, prior to their use of the Site.
YOU UNDERSTAND THAT BY USING THE SITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE OR ACCESS THE SITE. THIS SITE IS ONLY FOR INDIVIDUAL, NON-COMMERCIAL USE, YOU MAY NOT AGREE TO THESE TERMS ON BEHALF OF A BUSINESS.
YOU MUST BE AT LEAST SIXTEEN (16) YEARS OLD TO USE THE SITE. If you are not yet 16 years old, do not use the Site.
IF YOU ARE BETWEEN 16 AND 18 YEARS OLD: Please have your parents or legal guardian review these Terms with you, discuss any questions you might have, and give you their permission to use the Site with both your and their full understanding of these Terms. By using the Site, you are telling us that you and your parent or guardian, have joined in this agreement.
IF YOU ARE A PARENT OR GUARDIAN: Parents and guardians are advised to exercise supervision over their children’s on-line activities. If you do not agree to these Terms, do not let your child use the Service. If you have any further questions about our Site and our use of personally identifiable information, please take a look at our Privacy Policy page or contact us at [email protected] If you are the parent or guardian of a child under 16 and believe that they are using the Services, please contact us at [email protected].
  1. DEFINED TERMS. For purposes of the Terms, the following defined terms shall have these meanings:
    1. “IPR” means any rights in or to, but not limited to, copyrights, patents, trademarks, brand names, trade names, business names, know-how or confidential information and any other rights in respect of any other industrial or intellectual property, whether registrable or not and wherever existing in the world and including without limitation all rights to apply for registrations of any of the foregoing rights;
    2. “Site” means this site and associated sites or applications including any and all audio and/or visual elements thereof, created, licensed or owned by PostID or by PostID’s approved third party providers (“Third Party Provider”), including, without limitation, any text, graphics, images, illustrations, photographs, animations, applications, video, audio or audiovisual works, designs, logos, and other information and content made available through the Site, as well as all underlying technical elements of all of the foregoing, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions.

  2. SITE CHANGES. PostID may at any time and in its sole discretion, add, modify, or remove any feature, function or portion of the Site, the Terms, and/or the Privacy Policy, in whole or in part, with or without notice to you, prior or otherwise. Any changes to the Terms will be effective as of the posting date. PostID will provide prominent notice on the Site of any major changes to the Terms and/or the Privacy Policy. Your continued use of the Site after PostID posts any modifications to the Terms and/or Privacy Policy shall be deemed your explicit acceptance of those modifications and shall constitute your agreement to be the Terms, as modified.

  3. ACCESSING THE SITE. By accessing the Site you agree to these Terms. PostID grants you a limited, non-exclusive, non-assignable, non-transferable right and license to use and display the Site, for non-commercial uses, solely as described in these Terms (“Access”). Your Access to the Site shall remain in effect until and unless terminated by you or PostID.

  4. INTELLECTUAL PROPERTY RIGHTS.
The Site and all IPR therein (including but not limited to all features and functionality) are owned by PostID, its licensors, or other providers of such materials and are subject to protection under the relevant intellectual property laws throughout the world. Except as expressly set forth in these Terms or as otherwise permitted in writing by PostID, you agree not to: (1) commercialize, capture, transfer, upload, distribute, sell, license, modify, manipulate, reproduce, perform, publicly display, create derivative works from or based upon, or otherwise exploit the Site and the IPR, in whole or in part, on any other website or in any medium now known or hereafter developed; and (2) remove or modify any trade names, product names, logos, trademarks, copyrights or other proprietary notices, legends, symbols or labels on the Site (each of the foregoing, “Unauthorized Conduct”). Unauthorized Conduct does not include:
  • Your computer temporarily storing copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You storing files that are automatically cached by your web browser for display enhancement purposes.
  • Printing or downloading one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • Any actions enabled by the Site’s social media features.
Any Unauthorized Conduct constitutes a violation of these Terms and an infringement of the IPR of PostID and/or its content providers or other licensors. Any such infringement or violation may subject you to civil and criminal liability and penalties under intellectual property laws throughout the world, including without limitation the payment of damages and attorney’s fees.
  • TRADEMARKS. The PostID name and all related names, logos, product and service names, designs, and slogans are trademarks of PostID or its affiliates or licensors. You must not use such marks without the prior written permission of PostID. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
  • USER CONTRIBUTIONS. The Site allows users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions“) on or through the Site and distribute to other social media platforms. All User Contributions must comply with the Rules set out in these Terms.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, display, distribute, and otherwise disclose to third parties any such material for the purpose of distributing on the indicated social platform.
You represent and warrant that:
  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
  • MONITORING AND ENFORCEMENT: TERMINATION. We have the right to:
  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Rules, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS POSTID AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY POSTID DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER POSTID OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
  • THIRD PARTY WEBSITES.
Some of the information on the Site may be proprietary to Third Party Providers and licensed to PostID. The Site may furthermore frame, and/or contain links to or advertisements about, non-PostID websites including social media sites (the “Linked Sites”). The Linked Sites may also reference, advertise, or link to the Site. Notwithstanding the foregoing, PostID does not itself endorse or sponsor the Linked Sites and is not responsible for the content of such sites nor does it warrant any compatibility or continuing compatibility of the Linked Sites with the Site. PostID expressly disclaims any statements or assertions made on all non-PostID websites, and denies all liability associated with your use of any Linked Site or its content. You are responsible for reviewing and abiding by the privacy statements and terms of use posted on such other websites. Your interactions with third parties (including, without limitation, advertisers) on the Linked Sites and your transactions, and any terms, conditions, warranties or representations associated with such transactions on the Linked Sites, are solely between you and the advertiser or other third party. Third party trademarks, trade names, product names and logos are the trademarks or registered trademarks of their respective owners.
You acknowledge and agree that the owners of any content found on the Site are intended beneficiaries of these Terms and have the right to enforce the Terms directly against you. Other than as stated herein, the Terms are not intended to grant any other third-party rights.
If you have downloaded the Site from the Apple, Inc (“Apple”) App Store or Google Play (“App Store”) or if you are using the Site on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding app stores. The Terms are an agreement between you and PostID and not with the App Store, and PostID is solely responsible for the Site. The App Store has no obligation to furnish any maintenance or support for the Site. In the event of any failure of the Site to conform to any applicable warranty, you may notify the App Store and they will refund the purchase price (if applicable) to you, and, to the maximum extent allowed by law, the App Store will have no other warranty obligation whatsoever with respect to the Site.  Any other claims, losses, liabilities or expenses arising out of any failure to conform to any warranty shall be the sole responsibility of PostID.  The App Store is not responsible for addressing any claims by you or any third party relating to the Site including: product liability claims; claims that the Site fails to conform to any applicable legal or regulatory requirement; and claims arising under any consumer protection law.  In the event of any third-party claim that the Site or your possession and use of that Site infringes that third party’s intellectual property rights, PostID will be solely responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by these Terms. You agree that the App Store and its affiliates are third-party beneficiaries of these Terms as related to your license to the Site, and that, upon your acceptance of the Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Site against you as a third-party beneficiary thereof. You represent and warrant that: you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; you are not listed on any U.S. Government list of prohibited or restricted parties; you are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances. You must also comply with all applicable third-party terms of service when using the Site.
  • SITE RULES. Any features and/or services provided on the Site by PostID are subject to the Terms and the guidelines set forth below or as published or modified by PostID from time to time (collectively, the “Rules”). Notwithstanding anything to the contrary in these Rules, if PostID determines, in its sole discretion, that you have violated these Rules and/or the Privacy Policy, PostID will have the right to immediately suspend your access to the Site, with or without notice to you, prior or otherwise. In the event of your repeated violation of the Rules, PostID will have the right to immediately and permanently terminate your account or access to the Site, with or without notice to you, prior or otherwise. In the event that PostID, in its sole discretion, determines that your first violation is particularly offensive, PostID will have the right to immediately and permanently terminate your account or access to the Site, with or without notice to you, prior or otherwise. Any user may report abuse of the Rules by sending an email to [email protected].
You may use the Site only for lawful purposes and in accordance with these Terms. The following non-inclusive list of violations may result in PostID terminating or suspending your user account and/or your access to the Site and you agree not to engage in any of the following conduct anywhere on the Site:
  • Attempting to harm or exploit minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
    • Sharing or distributing any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
    • Promoting sexually explicit or pornographic materials, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or identity, or age (or any other protected characteristic);
    • Using any robot, spider, scraper or other automated means to access the Site for any purpose;
    • Impersonating or misrepresenting your affiliation with any person in registering for your user account;
    • Transmitting any advertising or promotional materials including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
    • Intentionally or unintentionally violating any applicable local, state, national or international law, including without limitation, any regulations having the force of law while using or accessing the Site;
    • Use any means to copy, redistribute, reproduce, rip, record, transfer, perform, or otherwise make available any IPR accessed through the Site;
    • Reverse engineering, decompiling, disassembling, modifying, or creating any derivative works of the Site, except to the extent permitted by applicable law; and
    • Providing your password to any other person or using any other person’s username and password;
    • Engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm PostID or its users, or expose them to liability.
  • SITE REGISTRATION. In order to access some features of the Site, you may be required to create or register for a user account. In consideration for your use of the Site, you agree to: (1) comply with the Rules; (2) provide accurate, complete and true information about yourself as may be required on any registration form for the Site (your “Registration Information”) in order to create your user account; and (3) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at PostID’s sole discretion, have their user accounts suspended or terminated, and may be permanently banned from using any current or future features or services of the Site.
You are solely responsible maintaining the confidentiality of your username and password. We urge you not to share your login information with others, as this may lead to unauthorized access to your user account and the information therein. You agree that you will: (1) immediately notify PostID of any unauthorized use of your user account; and (2) ensure that you properly log out of the Site at the completion of your use session. You are solely responsible for the activity that occurs on or through your user account. PostID shall have no liability for any loss or damage arising from your use of a user account, the Site, or your failure to comply with these requirements. PostID will not be liable for any losses caused by any unauthorized use of your user account, and you may be liable for the losses of PostID or others due to such unauthorized use.
  1. COPYRIGHT; DMCA We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
  2. Your physical or electronic signature.
  3. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
  4. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  5. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  6. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  7. A statement that the information in the written notice is accurate.
  8. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
[FIRST AND LAST NAME OF AGENT]
[NAME OF AGENT’S ORGANIZATION]
[PHYSICAL MAIL ADDRESS OF AGENT]
[TELEPHONE NUMBER OF AGENT]
[EMAIL ADDRESS OF AGENT FOR THIS PURPOSE]
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
  • Your physical or electronic signature.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
  1. LINKING to the WEBSITE and SOCIAL MEDIA FEATURES. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. This Site may provide certain social media features that enable you to:
  2. Link from your own or certain third-party websites to certain content on this Site.
  3. Send emails or other communications with certain content, or links to certain content, on this Site.
  4. Cause portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us. Subject to the foregoing, you must not:
  • Establish a link from any website that is not owned by you or an approved social media site.
  • Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site owned by you, for example, framing, deep linking, or in-line linking.
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.
We may disable all or any social media features and any links at any time without notice in our discretion.
  1. RIGHTS YOU GRANT PostID. In consideration for the rights granted to you under these Terms, you grant PostID the right to allow the Site to use the processor, bandwidth, and storage hardware on your device, as necessary to run the Site. If you provide feedback, ideas, comments or suggestions in connection with the Site (“Feedback”) you acknowledge that such Feedback is not confidential and that PostID may use such Feedback without any restriction and without payment to you.
  2. SERVICE AND GEOGRAPHICAL LIMITATIONS.
PostID will make commercially reasonable efforts to keep the Site operational but certain technical difficulties, required maintenance, testing, and updates may, from time to time, results in temporary interruptions. PostID reserves the right to modify, discontinue (either temporarily or permanently) any function or feature of the Site, or the Site in its entirety. PostID will always try to give you advance notice of such interruptions but shall have no liability for any interruptions in service.
The owner of the Site is based in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
  1. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless PostID, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
  2. DISCLAIMER.
YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, POSTID DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. POSTID DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE DOES NOT VIOLATE ANY IPR OF ANY PERSON. POSTID DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT POSTID) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY POSTID AND ITS AFFILIATED ENTITIES SHALL CREATE A WARRANTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.
If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.    
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  1. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL POSTID AND ITS AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, ATTORNEY’S FEES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. WHILE POSTID TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, POSTID AND ITS AFFILIATED ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF POSTID AND ITS AFFILIATED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO POSTID, IF ANY, FOR ACCESSING AND USING THIS SITE.
  2. NOTICE FOR CALIFORNIA USERS: This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  3. OTHER.
    1. Governing Law. Your use of this Site constitutes your consent and submission to service of process under applicable United States law and your submission to the exclusive jurisdiction and venue of the state and federal courts located in the State of New York in New York county, for the purposes of any legal action or claim pertaining to these Terms of Use, or arising from the use of the Site and you hereby waive any defenses such as lack of personal jurisdiction or forum non conveniens. These Terms of Use shall be construed and enforced in accordance with the law of the State of New York, and without regard to the choice of law principles thereof.
    2. Arbitration. Except for the right of either party to seek an injunction or other equitable relief in any court of competent jurisdiction to maintain the status quo or prevent irreparable harm, the parties hereto agree to enter into good faith negotiations to resolve any dispute, claim or controversy at law or equity that arises out of or is related to use of the Site, or the contents of the Terms or the Privacy Policy (each, a “Claim”), for a period of thirty (30) days from the date the Claim arose. If such negotiation is unsuccessful, any Claim under this Agreement shall be resolved by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Such arbitration shall take place in New York, New York. Judgment upon an arbitration award may be entered in any court of competent jurisdiction.
    3. All Claims you bring against PostID must be resolved in accordance with this section. All Claims filed or brought contrary to this section shall be considered improperly filed. Should you file a Claim contrary to this section, PostID may recover reasonable attorney’s fees and costs, provided that PostID has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim within thirty (30) days of such notice.
    4. Any Claim must be filed within one (1) year after such Claim arose regardless of any status or law to the contrary. In the event any such Claim is not filed within such one (1) year period, such Claim shall be barred.
    5. Any failure to act by PostID with respect to a breach by you or others does not waive PostID’s right to act with respect to subsequent or similar breaches.
    6. Notwithstanding anything to the contrary, PostID reserves the right to seek the remedy of specific performance of any term of these Terms, or a preliminary or permanent injunction against the violation of these Terms or in aid of the exercise of any power granted in these Terms, or any combination thereof.
    7. Captions and Headings. All captions, indices, titles, subject headings, section titles and similar items contained in these Terms are provided for the purpose of reference and convenience only and are not intended to be inclusive, definitive or to affect the meaning or content of these Terms.
    8. Relationship. The relationship between the Parties is as set out in these Terms and no employment, joint venture, partnership or agency relationship shall be deemed to subsist between the Parties and neither shall have the power to bind the other, except as otherwise set forth herein.
    9. Waiver and Severability. No waiver by PostID of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PostID to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any of the provisions of the Terms are held illegal, inapplicable or non-executable by a court of competent jurisdiction, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and remain enforceable and said ruling will not affect any other provision set forth in this the Terms and will not render such other provisions invalid, inapplicable or non-executable.
    10. Compliance with Laws. You agree to comply with all applicable laws, rules and regulations in connection with your activities under the Rules.
    11. Miscellaneous. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PostID as a result of these Terms or your use of the Site. These Terms are subject to existing laws and legal process, and nothing contained in these Terms is in derogation of any obligation on our part to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
    12. Entire Agreement. These Terms set forth the entire understanding and agreement between you and PostID with respect to the subject matter of these Terms and use of the Site.
Last Modification. This Terms of Use was last modified on 12/1/2022.
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