Acceptance of Terms
Postlets provides its services ("Service") subject to the following Terms of Use ("Terms"). By using the Service in any way, you are agreeing to comply with the Terms. Should you object to any portion of the Terms or become dissatisfied with the Service, or have any dispute with Postlets, your only recourse is to discontinue use of the Service. Postlets may change these Terms at any time and you are responsible for regularly reviewing these Terms. Your continued use of the Service after the effective date of such changes constitutes acceptance of such changes.
Privacy
Please review our Privacy Policy to understand our how we handle personally identifiable information about users.
User Account and Password Security
Once you sign up to become a user of the Service, you will receive a password and an account. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time.
Your Content Submissions
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials or information posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such content ("Content") originated. Specifically, you are solely responsible for all Content that you post, email or otherwise make available via the Service. You may not post, distribute or transmit any copyrighted materials, trademarks or other proprietary information unless you own the rights or have permission from the owner. By submitting your Content and using the Service you represent and warrant that the Content you submit does not infringe, misappropriate or violate the intellectual property, publicity, privacy or other rights of any party and your submission is not in violation of any applicable laws. If the Content is a listing, You warrant that you have a valid listing agreement with the owner of the advertised property. You agree not to provide any false or misleading Content and you will ensure that your submission is at all times complete and accurate. Further, you agree to not use the Service to: (a) upload, post or otherwise transmit any Content that is threatening, abusive, defamatory, vulgar, hateful, or racially, ethnically or otherwise objectionable; (b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (e) collect or store personal data about other users; or (f) violate the terms of use of any distribution partner of Postlets to whom your Content is distributed.
By submitting Content you are granting Postlets a royalty-free, perpetual, irrevocable license, with the right to grant sublicenses, to use, copy, modify, display and distribute the Content. You waive any moral rights you may have with respect to such Content. You understand that the Content is distributed through third parties. During the submission process you have an opportunity to elect or opt out from distribution by Postlets’ distribution partners. You hereby agree to the terms of use and terms of service imposed by such third parties. Postlets makes no assurances that such third parties will use, display or distribute your Content and has no liability to you with respect to the performance of such third parties.
Your Use of Content of Others
You understand that Postlets does not control, and is not responsible for Content made available through its Service. Postlets does not monitor the Content and does not guarantee the accuracy, quality or integrity of the Content. You acknowledge that you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you bear all risks associated with the use of any Content and that under no circumstances will Postlets be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content. You may not disassemble, reverse engineer, distribute, license or create derivative works from any of the Content on the Service.
Removal of Content
Postlets shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content for any reason.
Third Party Sites
Postlets provides links to and distributes Content through third party sites and resources over which Postlets has no control. Postlets is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Postlets makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in or the timely inclusion and/or removal of content from any such site.
Copyright Complaints
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at infringement@postlets.com. You will need to provide us with the signature of the person authorized to act for the copyright owner, a description of the work you claim has been infringed and the location of the material on the Service, your address, telephone number and e-mail address, and a statement under penalty of perjury that you have a good-faith belief that the disputed use is not authorized and that you are authorized to act on the copyright owner’s behalf.
Indemnity
You agree to indemnify and hold Postlets, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim, expense, losses or costs, including reasonable attorneys' fees, due to or arising out of your Content, your use of the Service, your breach of these Terms (including a breach of the representations and warranties) or your violation of the terms of any partner of Postlets, or any violation of any laws or third party rights.
Modification of Service
Postlets reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Postlets shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Termination of Service
You agree that Postlets, in its sole discretion, may terminate your password, use of the Service or use of any other Postlets service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Postlets believes that you may have violated or acted inconsistently with these Terms. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that Postlets may immediately deactivate or delete your Content postings and all related information and files and/or bar any further access to such files or the Service. Further, you agree that Postlets shall not be liable to you or any third-party for any termination of your access to the Service.
Advertisements and Promotions
Postlets runs advertisements and promotions on its sites. By using the Service, you agree that Postlets has the right to run such advertisements and promotions. You also agree that you will not attempt to block or otherwise interfere with advertisements displayed on or in connection with your Content postings. The manner, mode and extent of advertising by Postlets on your posting is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Postlets shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. POSTLETS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) POSTLETS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POSTLETS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT POSTLETS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF POSTLETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) HOWEVER CAUSED UNDER ANY THEORY OF LIABILITY. IN NO EVENT WILL POSTLETS MAXIMUM AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY YOU FOR USE OF THE SERVICE.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Postlets or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Postlets and protected by U.S. and international copyright laws. All software used on this site is the property of Postlets or its software suppliers and protected by United States and international copyright laws.
Trademarks
Postlets, the Postlets logo, and other marks indicated on our site are trademarks of Postlets, LLC. Other Postlets graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Postlets, LLC. Postlets' trademarks and trade dress may not be used in connection with any product or service that is not a Postlets product or service, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Postlets. All other trademarks not owned by Postlets or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Postlets.
Spam Policy
You understand that sending unsolicited email advertisements to Postlets email addresses or through Postlets computer systems is expressly prohibited. Unauthorized use of Postlets computer systems is a violation of the Terms and certain federal and state laws and may subject the sender and his or her agents to civil and criminal penalties. |