1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content
available through the YouPostDeals.com
domain name, the "YouPostDeals Website",
or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the
"Terms of Use") AND THE TERMS AND CONDITIONS OF YouPostDeals'S PRIVACY NOTICE,
WHICH ARE PUBLISHED AT
Privacy Policy
,AND
WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these
terms, then please do not use the YouPostDeals Website.
2.YouPostDeals Website
These Terms of Use apply to all users of the YouPostDeals
Website, including users who are also contributors of deal’s content,
information, and other materials or services on the Website. The YouPostDeals
Website may contain links to third party websites that are not owned or
controlled by YouPostDeals. YouPostDeals has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third
party websites. In addition, YouPostDeals will not and cannot censor or edit
the content of any third-party site. By using the Website, you expressly
relieve YouPostDeals from any and all liability arising from your use of any
third-party website. Accordingly, we encourage you to be aware when you leave
the YouPostDeals Website and to read the terms and conditions and privacy
policy of each other website that you visit.
3. Website Access
A. YouPostDeals hereby grants you permission to use the Website as set forth in
this Terms of Use, provided that:
(i) Your use of the Website as permitted is solely for your personal,
noncommercial use unless authorized by YouPostDeals otherwise;
(ii) You will not copy or distribute any part of the Website in any medium
without YouPostDeals's prior written authorization;
(iii) You will not alter or modify any part of the Website other than as may be
reasonably necessary to use the Website for its intended purpose; and
(iv) You will otherwise comply with the terms and conditions of these Terms of
Use.
B. In order to access some features of the Website, you will have to create an
account. You may never use another's account without permission. When creating
your account, you must provide accurate and complete information. You are
solely responsible for the activity that occurs on your account, and you must
keep your account password secure. You must notify YouPostDeals immediately of
any breach of security or unauthorized use of your account. Although
YouPostDeals will not be liable for your losses caused by any unauthorized use
of your account, you may be liable for the losses of YouPostDeals or others due
to such unauthorized use.
C. You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," "offline readers," etc., that accesses the
Website in a manner that sends more request messages to the YouPostDeals
servers in a given period of time than a human can reasonably produce in the
same period by using a conventional on-line web browser. Notwithstanding the
foregoing, YouPostDeals grants the operators of public search engines
permission to use spiders to copy materials from the site for the sole purpose
of creating publicly available searchable indices of the materials, but not
caches or archives of such materials. YouPostDeals reserves the right to revoke
these exceptions either generally or in specific cases. You agree not to
collect or harvest any personally identifiable information, including account
names, from the Website, nor to use the communication systems provided by the
Website for any commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Website with respect to their User
Submissions.
4. Intellectual Property Rights
The content on the YouPostDeals Website, except all User Submissions (as defined
below), including without limitation, the text, software, scripts, graphics,
photos, sounds, music, videos, interactive features and the like ("Content")
and the trademarks, service marks and logos contained therein ("Marks"), are
owned by or licensed toYouPostDeals, subject to copyright and other
intellectual property rights under United States and foreign laws and
international conventions. Content on the Website is provided to you AS IS for
your information and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior written consent
of the respective owners. YouPostDeals reserves all rights not expressly
granted in and to the Website and the Content. You agree to not engage in the
use, copying, or distribution of any of the Content other than expressly
permitted herein, including any use, copying, or distribution of User
Submissions of third parties obtained through the Website for any commercial
purposes. If you download or print a copy of the Content for personal use, you
must retain all copyright and other proprietary notices contained therein. You
agree not to circumvent, disable or otherwise interfere with security related
features of the YouPostDeals Website or features that prevent or restrict use
or copying of any Content or enforce limitations on use of the YouPostDeals
Website or the Content therein.
5. User Submissions
A. The YouPostDeals Website may now or in the future permit the submission of
deals or other submitted
by you and other users ("User Submissions") and the hosting, sharing, and/or
publishing of such User Submissions. You understand that whether or not such
User Submissions are published, YouPostDeals does not guarantee any
confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User
Submissions, you affirm, represent, and/or warrant that: (i) you own or have
the necessary licenses, rights, consents, and permissions to use and authorize
YouPostDeals to use all patent, trademark, trade secret, copyright or other
proprietary rights in and to any and all User Submissions to enable inclusion
and use of the User Submissions in the manner contemplated by the Website and
these Terms of Use; and (ii) you have the written consent, release, and/or
permission of each and every identifiable individual person in the User
Submission to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms of Use. For clarity, you
retain all of your ownership rights in your User Submissions.
However, by submitting the User Submissions to YouPostDeals , you hereby grant
YouPostDeals a worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, prepare derivative works
of, display, and perform the User Submissions in connection with the
YouPostDeals Website and YouPostDeals 's (and its successor's) business,
including without limitation for promoting and redistributing part or all of
the YouPostDeals Website (and derivative works thereof) in any media formats
and through any media channels. You also hereby grant each user of the
YouPostDeals Website a non-exclusive license to access your User Submissions
through the Website, and to use, reproduce, distribute, prepare derivative
works of, display and perform such User Submissions as permitted through the
functionality of the Website and under these Terms of Use. The foregoing
license granted by you terminates once you remove or delete a User Submission
from the YouPostDeals Website.
C. In connection with User Submissions, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise
subject to third party proprietary rights, including privacy and publicity
rights, unless you are the owner of such rights or have permission from their
rightful owner to post the material and to grant YouPostDeals all of the
license rights granted herein; (ii) publish falsehoods or misrepresentations
that could damage YouPostDeals or any third party; (iii) submit material that
is unlawful, obscene, defamatory, libelous, threatening, pornographic,
harassing, hateful, racially or ethnically offensive, or encourages conduct
that would be considered a criminal offense, give rise to civil liability,
violate any law, or is otherwise inappropriate; (iv) post advertisements or
solicitations of business: (v) impersonate another person. YouPostDeals
does not endorse any User Submission or any opinion, recommendation, or advice
expressed therein, and YouPostDeals expressly disclaims any and all liability
in connection with User Submissions. YouPostDeals does not permit copyright
infringing activities and infringement of intellectual property rights on its
Website, and YouPostDeals will remove all Content and User Submissions if
properly notified that such Content or User Submission infringes on another's
intellectual property rights. YouPostDeals reserves the right to remove Content
and User Submissions without prior notice. YouPostDeals will also terminate a
User's access to its Website, if they are determined to be a repeat infringer.
A repeat infringer is a User who has been notified of infringing activity more
than twice and/or has had a User Submission removed from the Website more than
twice. YouPostDeals also reserves the right to decide whether Content or a User
Submission is appropriate and complies with these Terms of Use for violations
other than copyright infringement and violations of intellectual property law,
such as, but not limited to, pornography, obscene or defamatory material, or
excessive length. YouPostDeals may remove such User Submissions and/or
terminate a User's access for uploading such material in violation of these
Terms of Use at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe
that any User Submission or other content infringes upon your copyrights, you
may submit a notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing our Copyright Agent with the following information in
writing (see 17U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which
is to be disabled and information reasonably sufficient to permit the service
provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact
you, such as an address, telephone number, and, if available, an electronic
mail;
(v) A statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent,
or the law; and
(vi) A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
E. You understand that when using the YouPostDeals Website, you will be exposed
to User Submissions from a variety of sources, and that YouPostDeals is not
responsible for the accuracy, usefulness, safety, or intellectual property
rights of or relating to such User Submissions. You further understand and
acknowledge that you may be exposed to User Submissions that are inaccurate,
offensive, indecent, or objectionable, and you agree to waive, and hereby do
waive, any legal or equitable rights or remedies you have or may have against
YouPostDeals with respect thereto, and agree to indemnify and hold YouPostDeals
, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest
extent allowed by law regarding all matters related to your use of the site.
F. YouPostDeals permits you to link to materials on the Website for personal,
non-commercial purposes only. In addition, YouPostDeals provides an embedded
script, which you may incorporate into your own personal or commercial websites
for use in accessing the materials on the Website, provided that you include a
prominent link back to the YouPostDeals website on the pages containing the
Embeddable Player. YouPostDeals reserves the right to discontinue any aspect of
the YouPostDeals Website at any time.
6. Warranty Disclaimer
You agree that your use of the YouPostDeals website shall be at your sole risk.
To the fullest extent permitted by law, YouPostDeals , its officers, directors,
employees, and agents disclaim all warranties, express or implied, in
connection with the website and your use thereof. YouPostDeals makes no
warranties or representations about the accuracy or completeness of this site's
content or the content of any sites linked to this site and assumes no
liability or responsibility for any (i) errors, mistakes, or inaccuracies of
content, (ii) personal injury or property damage, of any nature whatsoever,
resulting from your access to and use of our website, (iii) any unauthorized
access to or use of our secure servers and/or any and all personal information
and/or financial information stored therein, (iv) any interruption or cessation
of transmission to or from our website, (iv) any bugs, viruses, trojan horses,
or the like which may be transmitted to or through our website by any third
party, and/or (v) any errors or omissions in any content or for any loss or
damage of any kind incurred as a result of the use of any content posted,
emailed, transmitted, or otherwise made available via the YouPostDeals website.
YouPostDeals does not warrant, endorse, guarantee, or assume responsibility for
any product or service advertised or offered by a third party through the
YouPostDeals website or any hyperlinked website or featured in any banner or
other advertising, and YouPostDeals will not be a party to or in any way be
responsible for monitoring any transaction between you and third-party
providers of products or services. As with the purchase of a product or service
through any medium or in any environment, you should use your best judgment and
exercise caution where appropriate.
7. Limitation of Liability
In no event shall YouPostDeals , its officers, directors, employees, or agents,
be liable to you for any direct, indirect, incidental, special, punitive, or
consequential damages whatsoever resulting from any (i) errors, mistakes, or
inaccuracies of content, (ii) personal injury or property damage, of any nature
whatsoever, resulting from your access to and use of our website, (iii) any
unauthorized access to or use of our secure servers and/or any and all personal
information and/or financial information stored therein, (iv) any interruption
or cessation of transmission to or from our website, (iv) any bugs, viruses,
trojan horses, or the like, which may be transmitted to or through our website
by any third party, and/or (v) any errors or omissions in any content or for
any loss or damage of any kind incurred as a result of your use of any content
posted, emailed, transmitted, or otherwise made available via the YouPostDeals
website, whether based on warranty, contract, tort, or any other legal theory,
and whether or not the company is advised of the possibility of such damages.
The foregoing limitation of liability shall apply to the fullest extent
permitted by law in the applicable jurisdiction.
You specifically acknowledge that YouPostDeals shall not be liable for user
submissions or the defamatory, offensive, or illegal conduct of any third party
and that the risk of harm or damage from the foregoing rests entirely with you.
In no event shall YouPostDeals or its suppliers be liable under contract, tort,
strict liability, negligence or other legal theory (i) with respect to the
site, the service or any content for any lost profits or special, indirect,
incidental, punitive, or consequential damages of any kind whatsoever,
substitute goods or services (however arising), or (ii) for any direct damages
in excess of (in the aggregate) $100. Some states do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitations and
exclusions may not apply to you.
8. Indemnity
You agree to defend, indemnify and hold harmless YouPostDeals, officers,
directors, employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney's fees) arising from: (i) your use of and access to the
YouPostDeals Website; (ii) your violation of any term of these Terms of Use;
(iii) your violation of any third party right, including without limitation any
copyright, property, or privacy right; or (iv) any claim that one of your User
Submissions caused damage to a third party. This defense and indemnification
obligation will survive these Terms of Use and your use of the YouPostDeals
Website.
9. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated
minor, or possess legal parental or guardian consent, and are fully able and
competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Use, and to abide
by and comply with these Terms of Use. In any case, you affirm that you are
over the age of 13, as the YouPostDeals Website is not intended for children
under 13. If you are under 13 years of age, then please do not use the
YouPostDeals Website—there are lots of other great web sites for you. Talk to
your parents about what sites are appropriate for you.
10. Assignment
These Terms of Use and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by YouPostDeals without
restriction.
11. Termination
YouPostDeals may terminate or suspend any and all Services and your
YouPostDeals account immediately, without prior notice or liability, if you
breach any of the terms or conditions of the Terms of Use. Upon termination of
your account, your right to use the Services will immediately cease. If you
wish to terminate your YouPostDeals account, you may simply discontinue using
the Services. All provisions of the Terms of Use which by their nature should
survive termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
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