Terms of Use
Please
review these terms (the “Agreement”) carefully. By accessing or using
the Self-Serve Services offered by Postmany. (“Postmany”, “we” or
“us”), you are confirming that you have read, understand and accept this
Agreement. This Agreement can be updated from time to time as set out in
Section 37 below. You are responsible for regularly reviewing the most current
version of this Agreement, which is published at: https://postmany.com/, though we will notify
you of any changes that, in our sole discretion, materially impact this
Agreement. Continued use of the Self-Serve Services after any such changes have
been made will constitute your consent to such changes. When we change this
Agreement, we will update the “Last Modified” date above.
This
Agreement applies to the “Self-Serve Services”, which are services that
you access or purchase through our website or mobile applications. Other terms
may also apply to your use of the Self-Serve Services, such as the Acceptable Use
Rules outlines below. By using our Self-Serve Services, you confirm that:
A. You will only use
our Self-Serve Services for business and professional reasons;
B. You are at least 16 years old or otherwise able to enter
into a legally binding agreement;
C. You accept and
will comply with this Agreement;
D. If you are using
our Self-Serve Services as a representative of an organization, you have the
power to enter into legally binding agreements for the organization; and
E. You
are responsible for anyone that uses our Self-Serve Services through your
account, such as your employees, consultants or contractors (“Authorized
Users”).
Postmany Terminology
1. We use capitalization for terms that have a special
meaning in this Agreement. While some terms are defined elsewhere, this section
sets out the definitions of some key terms.
“Content” is a generic term that
means all information and data (such as text, images, photos, videos, audio and
documents) in any format that is uploaded to, downloaded from or appears on our
Self-Serve Services.
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“Customer Content” is
Content that you or your Authorized Users provide to us, or upload to our
Self-Serve Services. |
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“Mentions” are the Content that
a third party (in other words, someone other than you, your Authorized Users
or Postmany) creates and that we obtain on your behalf and at your
instruction from Social Networks or other Third-Party Services that you
connect to our Self-Serve Services. For example, posts created by your
followers that appear on your Facebook page would be considered Mentions. |
“Self-Serve Services” means our websites,
such as Postmany.com (and all its current and future subdomains), and mobile
applications, and any services that you access or purchase through our websites
or mobile applications, but do not include Third-Party
Services (see below for how we define those) that you access or use in
connection with our services.
“Third-Party Services” are services that are
not provided by Postmany but that you may access or use in connection with our
Self-Serve Services. They include the “Social Networks”, which
are the social networking sites supported by our Self-Serve Services (such as
Twitter, Facebook, LinkedIn and Instagram).
“you”, “your”, “Customer”,
and similar terms mean the person or legal entity accessing or using the
Self-Serve Services. For the avoidance of doubt, if you are accessing and using
the Self-Serve Services on behalf of a company (such as your employer) or other
legal entity, “you”, “your” or “Customer” means the company or other legal
entity that you are using the Self-Serve Services on behalf of.
Postmany’s Self-Serve Services
2. Subject to the rest of this Agreement, we will allow you
and your Authorized Users to access and use our Self-Serve Services in the way
set out in the plan you subscribed to. You may not use or access the Self-Serve
Services in any other way, such as using robots, spiders, crawlers and scraping
technologies.
3. Our Self-Serve
Services evolve constantly. We may change our Self-Serve Services, such as by
changing, adding or removing features at any time, for any reason. We may or
may not provide notice of those changes to you. We will not be liable to you or
any third party for the modification, price change, suspension or
discontinuance of any of our Self-Serve Services.
4. Our Self-Serve
Services interact with Social Networks and depend on the availability of those
Social Networks and the features and functionality they make available to us,
which we do not control and may change without notice. If at any time a Social
Network stops making some or all of its features or functionality available to
us, or available to us on reasonable terms as determined by Postmany in its
sole discretion (each an “API Change”), we may stop providing access to those
features or functionality and we will not be liable to you or any third party
for any such change.
Acceptable Use Rules
5. You and any
Authorized Users using your account must comply with the following AcceptableUse Rules and all laws. If we reasonably believe that you have
breached the Acceptable Use Rules or any applicable law, we may, at any time
and without notice, remove any of your Content and suspend, restrict or
terminate your account or your access to the Self-Serve Services.
GENERAL
RULES
A.
You must:
i. Use
your best efforts to prevent unauthorized access to or use of the Services,
including by maintaining a strong password;
ii. Keep
your passwords and other login credentials for the Services confidential;
iii. Monitor
and control all activity conducted through your Postmany account;
iv. Notify
us promptly if you become aware of or suspect any security breach regarding
your account, including any loss, theft, or unauthorized disclosure or use of
your (or any of your Authorized Users’) username, password, or account; and
v. Comply with the
Social Networks’ applicable terms which you connect through the Services (the
“Social Network TOS”). These include for example the Twitter Terms of Service
published at www.twitter.com/tos; the Facebook Terms of
Service published at www.facebook.com/legal/terms; the LinkedIn User
Agreement published at www.linkedin.com/legal/user-agreement; and the YouTube Terms
of Service published at www.youtube.com/t/terms(as applicable).
B. You
must not:
i. Make the
Services available to anyone other than your Authorized Users;
ii. Allow
more than one individual Authorized User to use a single log-in to the
Services, or use the Services in excess of the quantities or limits set out in
your Services plan;
iii. Sell,
trade, or otherwise transfer any Services to another party;
iv. Upload
or share Customer Content that you do not own or otherwise have the right to
share;
v. Use
the Services to store or transmit any Content, including Customer Content, that
may be infringing, defamatory, threatening, harmful, or otherwise tortious or
unlawful, including any content that may violate intellectual property,
privacy, or publicity rights, or other applicable laws, or any of the Social
Network TOS;
vi. Use
the Services to send spam or other unsolicited messages in violation of
applicable laws;
vii. Upload
to, or transmit from, the Services any Content that contains or redirects to a
virus, Trojan horse, worm, or other harmful component;
viii. Attempt
to reverse engineer, de-compile, hack, disable, interfere with, disassemble,
modify, copy, translate, or disrupt the features, functionality, integrity, or
performance of the Services or the Social Networks (including any mechanism
used to restrict or control the functionality of the Services or the Social
Networks) or any data from third parties (in other words, someone other than
you, your Authorized Users or Postmany) contained in the Social Networks
(except to the extent such restrictions are prohibited by applicable laws);
ix.
Attempt to gain unauthorized access to the Services, the Social Networks, or
related systems or networks or to defeat, avoid, bypass, remove, deactivate, or
otherwise circumvent any software protection or monitoring mechanisms of the
Services or the Social Networks;
x. Access
the Services in order to build a similar or competitive product or service or
copy any ideas, features, functions, or graphics of the Services or the Social
Networks;
xi. Engage in any
abusive practices that degrade the performance of the Services (or any part of
the Services) for you or any of our other customers (for example, by tracking
singular high-frequency terms such as “love”, “yes”, or “the” or other similar
activities);
xii. Use the
Services for redistribution, syndication, or fraudulent activities; or
xiii. Allow or
encourage any third party to do any of the above.
ADDITIONAL
RULES IMPOSED BY SOCIAL NETWORKS
C. If you are a
public-sector entity, you must not use the Services to access or use content
from Twitter for surveillance purposes.
D. If you are a
public-sector entity whose primary function includes conducting
surveillance/gathering intelligence, you must not use the Services to access or
use content from Twitter.
E. You must not use
the Services to access or use content from Twitter for any unlawful,
discriminatory purposes or profiling based on sensitive categories of
information prohibited by applicable laws (see Section VII.A. User Protection
of the Twitter Developer Agreement published at https://developer.twitter.com/en/developer-terms/agreement).
ADDITIONAL
RULES APPLICABLE IF YOU USE THE SERVICES FOR CONTESTS OR OTHERWISE ASK
INDIVIDUALS TO SUBMIT CONTENT THROUGH THE SERVICES (“Submitted Content”)
F. You must not:
i. Request that any
participant submit personal medical information, social security information,
payment card details, financial or other sensitive information;
ii. Request Submitted
Content that would violate any applicable laws, rules, or regulations; or
iii. Refer to
Postmany or use our name, trademarks, or trade names in connection with your
request for Submitted Content.
CONFLICT
G. In the event of
any conflict between these Acceptable Use Rules and the Terms, the Terms will
govern.
Customer Content
6. You are solely responsible for Customer Content. We may,
but do not have to, review, filter, block or remove Content, including Customer
Content.
Submitted Content
7. If you use the Self-Serve Services for contests or
otherwise ask people to submit Content through the Self-Serve Services (“Submitted
Content”), you acknowledge and agree that:
(A) the Self-Serve Services do not help you comply with any
laws, rules, or regulations that may apply to your collection or use of
Submitted Content, which is solely your responsibility; and
(B) we will not be liable to you or any third party for the
Submitted Content, and we make no warranty that any Submitted Content obtained
or displayed through the Self-Serve Services is accurate or complete.
Account Information
8. You are responsible for the completeness, security,
confidentiality and accuracy of the account information you provide to us. You
will promptly notify us of any unauthorized access to or use of your log-in
credentials or account.
Content and Third-Party Services
9. We are not
responsible for Content provided by others, including Mentions and Content from
Third-Party Services (such as Content from Social Networks). You and anyone
else who accesses our Self-Serve Services may access Content that might be
unlawful, offensive, harmful, inaccurate or otherwise inappropriate. We will
not be liable to you or any third party for Content provided by others.
10. If you access or purchase a Third-Party Service through
our Self-Serve Services, you do so at your own risk. Your relationship with the
Third-Party Service provider is an agreement between you and them. You
specifically understand that we are not responsible for Third-Party Services
and will not be liable to you or any third party for any losses or damages
resulting from your use of Third-Party Services.
11. If you access or enable a Third-Party Service, you grant
them permission to access or otherwise process your data as required for the
operation of the Third-Party Service. We are not responsible for disclosure,
use, change to or deletion of your data and will not be liable to you or any
third party for access to your data by a Third-Party Service.
12. We may, but do not have to, preview, verify, flag, modify,
filter, block or remove Third-Party Services. You must comply with all
agreements and other legal requirements that apply to Third-Party Services.
Data Protection & the GDPR
13. Please review our Privacy Policy (published at postmany.com) for more information
on how we collect and use data relating to the use and performance of our
Self-Serve Services.
Confidentiality
14. If
we share non-public information about Postmany or our Self-Serve Services with
you, you must keep it confidential and use reasonable security measures to
prevent unauthorized disclosure of or access to that information.
Intellectual Property
15. Customer Content.
You retain your rights to any Customer Content you submit, post or display on
or through the Self-Serve Services. You grant us a non-exclusive, worldwide,
perpetual, irrevocable, transferable, sublicensable, royalty-free license to
use, host, run, copy, reproduce, process, adapt, translate, modify, publish,
transmit, display and distribute Customer Content for the purposes of
providing, supporting, enhancing, and developing our products and services.
16. Feedback. We welcome your suggestions, comments, bug
reports, feature requests or other feedback (“Feedback”). We do not have to
keep Feedback confidential, even if you tell us it is confidential. If you
provide Feedback, you grant Postmany a non-exclusive, worldwide, perpetual,
irrevocable, transferable, sublicensable, royalty-free, fully paid-up license
to use the Feedback for any purpose.
17. Self-Serve Services. We keep all rights and interests in
our Self-Serve Services. The Self-Serve Services contain Content owned or
licensed by Postmany (“Postmany Content”). Postmany Content is protected by
copyright, trademark, patent, trade secret and other laws, and, as between you
and Postmany, we own and retain all rights in the Self-Serve Services and in any Postmany Content.
Payment Terms, Trials and Renewal
18. Fees and Trials. You must pay all fees for the Self-Serve
Services you purchase, except for Self-Serve Services that we expressly offer
free of charge. If you sign up for a free trial of a paid Self-Serve Service,
we may require you to provide a valid credit card or other payment method. We
will charge you automatically on the first day after the free trial is over,
unless you cancel or downgrade to a charge-free service and uninstall any paid apps
before the end of the free-trial period.
19. Paid Services. For paid Self-Serve Services, you must
provide us with a valid credit card or other form of electronic payment (such
as Stripe). We will automatically charge you based on your chosen plan (such as
monthly or yearly). We will share your account information with financial
institutions and payment processing companies, including your submitted payment
information, to process your purchase. Subscription to our plans are for fixed
terms, and the associated fees payable are non-refundable. Prices for paid
Self-Serve Services are subject to change on 30 days’ notice, provided that no
price change will apply during your then-current subscription term. Depending
on where you live, foreign exchange fees or differences in prices may apply,
including because of exchange rates. We do not support all payment methods,
currencies or locations for payment. If the payment method you use is no longer
valid (such as a credit card that has expired) and you do not edit your payment
information or cancel or downgrade your account to a plan that is free of
charge, you authorize us to keep billing you for our Self-Serve Services and
you remain responsible for uncollected amounts. If you owe us any unpaid fees,
we may suspend your access to our Self-Serve Services without prior notice
until you pay us in full. Your obligation to pay fees continues through to the
end of the period in which you cancel or downgrade your plan.
20. Auto-Renewal of Self-Serve Services. Self-Serve Services
plans will renew automatically at the end of the term
(which may be monthly or annually, depending on the plan you chose when you
purchased our Self-Serve Services), and we will automatically bill you on
renewal unless you cancel or downgrade our Self-Serve Services under Section 23
below.
21. Taxes. You are responsible for paying all taxes on all
fees that you pay to us. Local taxes may differ based on your payment method.
Cancellation and Termination of Self-Serve Services
22. You may cancel or downgrade your Self-Serve Services plan
at any time by contacting support@postmany.com.
23. We may refuse to
provide service (including the Self-Serve Services) to anyone for any reason at
any time. We may also immediately suspend or terminate your access to our
Self-Serve Services for any reason, at any time, without notifying you in
advance. If we terminate this Agreement because you violated the Acceptable Use
Rules or any other part of this Agreement, you will not receive a refund. If we
terminate your access to the Self-Serve Services under this section for no
reason, we will refund you for the Self-Serve Services you have not yet
received.
Disclaimer of Warranties and Limitation of Liability
24. We offer our Self-Serve Services “as is” and are not making any
warranties, conditions, representations or guarantees of any kind, whether
express, implied, statutory or otherwise, including all express or implied
warranties of design, merchantability, fitness for a particular purpose, title,
quality and non-infringement, that our Self-Serve Services will meet your
requirements or that our Self-Serve Services will always be available,
accessible, uninterrupted, timely, secure, accurate, complete or error-free.
Use our Self-Serve Services at your own risk. You hereby release us and our
affiliates and the directors, officers, employees, agents, licensors and
service providers of Postmany and our affiliates (the “Postmany Parties”) from any
claims, known or unknown, you have against them.
25. We will not be liable
for indirect, punitive, incidental, special, consequential or exemplary
damages, or for loss of profits, goodwill or data or other intangible losses,
that result from the use of, or inability to use, our Self-Serve Services or
any other aspect of this Agreement. Under no circumstances will we be liable
for any Third-Party Services, Social Networks or activities of third parties,
any connection to or transmission from the Internet, or for any damage, loss or
injury resulting from hacking, tampering, theft or other unauthorized access to
or use of our Self-Serve Services or your account or the information contained
in your account, including Customer Content.
26. Our aggregate liability to you for all losses or damages arising
out of this Agreement or your use of our Self-Serve Services, even if we have
been advised of the possibility of such losses, will not exceed the greater of
the fees we received from you for our Self-Serve Services that are subject to
the claim during the three-month period immediately preceding the date on which
the damages arose and £100. The limitations of liability in this section also
apply to the Postmany Parties and to claims brought based on any cause of action,
including breach of contract, tort (including negligence), statute or other
legal or equitable theory. If there is a law that limits how the limitation of
liability in this section applies to you, our liability will be limited to the
fullest extent permitted by law.
27. No advice or information, whether oral or written, obtained
from us or elsewhere will create any warranty or condition not expressly stated
in this Agreement.
28. Our prices are set based on limitations of liability and the
disclaimers of warranties in this section. You acknowledge that they will
survive and apply even if found to have failed their essential purpose.
29. If you are dissatisfied with our Self-Serve Services or believe
that you’ve been harmed by your use of our Self-Serve Services or this
Agreement, you may terminate your use of our Self-Serve Services (as set out
above). That termination is your sole and exclusive remedy (and our sole and
exclusive liability) under this Agreement.
Claims and Disputes
30. The laws of the United Kingdom will govern any dispute,
cause of action or claim arising out of this Agreement or your use of our
Self-Serve Services, including against any Postmany Party (“Dispute”),
without giving effect to conflict-of-law principles.
31. You will indemnify and hold harmless the Postmany Parties from and against
all losses, damages, penalties, liability and costs, including reasonable legal
fees, of any kind or nature related to any claim against a Postmany Party related to: (a)
Customer Content or Submitted Content; (b) your breach of this Agreement or any
laws; or (c) your use of our Self-Serve Services or any Third-Party Services
(including your breach of terms for any Third-Party Services).
32. If you breach this Agreement or violate our rights or
another person’s rights, we may ask a court to stop you; if we bring a claim
against you, you will reimburse us for our reasonable legal fees for that
claim.
33. Any Dispute resolution proceedings will be conducted only
on an individual basis and not in a class, consolidated or representative
action. Postmany and you each waive any
right to a trial by jury.
Miscellaneous
34. Export Compliance.
You will not use or access our Self-Serve Services if you are located in any
jurisdiction in which the provision of our Self-Serve Services is prohibited
under United Kingdom or other laws (a “Prohibited Jurisdiction”) and you will
not provide access to our Self-Serve Services to any government, entity or
individual located in any Prohibited Jurisdiction. You confirm that you are not
named on any United Kingdom list of persons or entities prohibited from
transaction with any United Kingdom person; (b) you are not a national of, or a
company registered in, any Prohibited Jurisdiction; (c) you will not allow
Authorized Users to access or use our Self-Serve Services in violation of any
United Kingdom or other export embargoes, prohibitions or restrictions; and (d)
you will comply with all laws regarding the transmission of data exported from
the country in which you (or your Authorized Users) are located to the United
Kingdom.
35. Amendment. We may change any part of this Agreement
(including any terms or documents incorporated by reference in this Agreement)
at any time by posting the revised terms on the Postmany website, and your use of
the Self-Serve Services after the effective date of the updated Agreement or
other terms constitutes your agreement to the updated Agreement or other terms,
as applicable. It is important for you to review this Agreement before using
our Self-Serve Services and from time to time. The updated Agreement will be
effective as of the time of posting, or on such later date as may be specified
in the updated Agreement, and will apply to your use of the Self-Serve Services
from that point forward.
36. Assignment. You may not assign your rights under this
Agreement to anyone else. We may assign our rights to any other individual or
entity.
37. Severability. If a court finds part of this Agreement to
be invalid, the rest will continue to apply with the minimum changes required
to remove the invalid part.
38. Force Majeure. We will not be liable to you or any third
party for any failure to perform our obligations under this Agreement if that
failure results from any cause beyond our control, such as the elements; fire;
flood; severe weather; earthquake; vandalism; accidents; sabotage; power
failure; denial of service attacks or similar attacks or other acts of hackers;
Internet or network failures or interruptions; acts of God and the public
enemy; acts of war; acts of terrorism; riots; civil or public disturbances;
strikes, lockouts or labor disruptions; any laws, orders, rules, regulations,
acts or restraints of any government or governmental body or authority, civil
or military, including the orders and judgments of courts; or if another person
(including a Social Network) changes their services or terms or no longer
offers their services to you or Postmany on terms we believe are
reasonable.
39. Remedies. If we fail to enforce this Agreement, we are not
waiving our right to do so. Any remedies we have under this Agreement are not
exclusive of any other remedies we may have under this Agreement, at law or
otherwise.
40. Notices to
You. Postmany may give notice to you
by placing a banner notice on the Postmany platform or Postmany's website. We may also
contact you or your Authorized Users through your Postmany account or contact
information you provide, such as email or telephone or through your account on
one or more Social Networks. If you fail to maintain accurate account
information, such as contact information, you may not receive critical
information about our Self-Serve Services or this Agreement.
41. Notices to Postmany. For any notice
to Postmany that you give under or
regarding this Agreement, you must notify Postmany by email to support@postmany.com with a duplicate
copy sent via registered mail to the following address: Postmany, Metro Clark, Pampanga.
42. Entire Agreement. This Agreement, including the other
documents referred to as applicable to the Self-Serve Services in this
Agreement, is the entire agreement between you and Postmany for your use of our
Self-Serve Services. Any prior understandings, statements or and agreements
(oral or written) do not apply, including additional terms that you may present
(such as terms in a unilateral notice from you to us or printed on a purchase
order or any other document generated by you). This Agreement is binding on the
parties and their permitted successors and assigns.