1.1 User Eligibility. You must be at least 13 years old to use the Platform. We must not have previously deactivated your account for violation of law or any of our policies for you to use our Platform.
1.3 Registration. Access to certain functionalities of the Platform will require you to register with us and to create an account on our Platform. If you decide to register with the Platform, you agree to ensure all information you provide to POSTlaMODE upon registration and at all times will be accurate, current, and complete, and you agree to update your information as required to maintain its accuracy.
With the exception of people or businesses that are explicitly authorized to create accounts on behalf of their employers or clients, POSTlaMODE does not permit you to create an account for anyone other than yourself. You are not permitted to solicit, collect or use the login credentials of other POSTlaMODE users. You may not use domain names or web URLs in your username. You are not permitted to sell, transfer, license or assign your account, followers, username, or any other account rights to others. You must not create accounts with the Platform through unapproved means, for example but not limited to, use of an automated device, script, bot, spider, scraper, or crawler.
You understand and agree that you are accountable for any data charges you incur through use of the Platform.
1.4 Restrictions. You must not use the Platform for any unlawful or unauthorized purpose, and you agree to abide by all laws, statutes, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Platform and your User Content that could constitute a criminal offense or give rise to civil liability.
You must not alter, modify or adapt the Platform or change, modify or alter another website or application so as to falsely imply that it is associated with POSTlaMODE. You are prohibited from any use of robots, spider, or other automatic or manual data gathering and extraction tools or processes to retrieve, index, data mine, monitor, analyze, or intercept the Platform, POSTlaMODE content, or security measures. You must not interfere, or disrupt (“hack”) the Platform, servers or networks associated with the Platform, without limitation, including by means of transmitting any worms, viruses, malware, spyware or any other code of a destructive or disruptive manner. You must not introduce or insert any material, script, files, or code or otherwise change, deface or interfere with the way the Platform (such as buttons, links, widgets or any associated code) are rendered or displayed in any browser or device.
You are responsible for and in control of your interaction with other users of the Platform. You acknowledge and agree that POSTlaMODE is not responsible or liable for the conduct of any user. POSTlaMODE reserves the right, but has no obligation, to monitor, become involved in, or resolve any disputes between you and other users.
You must not generate, submit or send unwanted email, comments, likes or other methods of commercial, inappropriate, pornographic, violent, or harassing communications (such as spam, junk mail, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email) to any POSTlaMODE user.
1.5 Termination. You can deactivate your POSTlaMODE account by logging into the Platform and accessing account settings. If we terminate your access to the Platform or your account, or you deactivate your account, your photos, likes, comments, connections, followers, and all other data will no longer be accessible via your account. However, material and data that has been re-shared by other users may persist and appear within the Platform.
2.1 Definition of User Content. POSTlaMODE enables you to post materials, including without limitation photos, profile pictures, information, messages, reviews, and commentary. All materials that you submit or post on the POSTlaMODE Platform will be referred to collectively as “User Content.” You acknowledge and agree that, as part of using the POSTlaMODE Platform, your User Content may be viewed by the general public and will not be treated as private or confidential.
2.2 Permission to Use User Content. POSTlaMODE does not claim any ownership of any User Content that you submit or post on or via the Platform. Instead, you hereby grant POSTlaMODE and our affiliated entities, licensees and sublicenses, without any compensation to you or others, a non-exclusive, fully-paid and royalty-free, perpetual, irrevocable, universal license to use, reproduce, process, modify, adapt, display, perform derivative works, publish, broadcast, transmit, and distribute such User Content, or any portion thereof, throughout the globe in any format, media, platform, or any distribution method. Such permission granted for POSTlaMODE shall be perpetual and may not be revoked or invalidated for any reason, to the maximum extent permitted by law. In addition, you waive, release and agree not to contend any moral rights that you may have in any User Content submitted or posted by you, to the extent permitted under applicable law.
2.3 Ownership. POSTlaMODE acknowledges and agrees that you, or your licensors as applicable, retain ownership of any and all applicable intellectual property rights to the User Content, subject to the non-exclusive rights granted to POSTlaMODE, and that no ownership of such intellectual property rights is transferred to POSTlaMODE under this Agreement.
You must not submit or post offensive, violent, hateful, abusive, tortious, discriminatory, unlawful, infringing, obscene, invasive of privacy, nude, partially nude, sexually allusive or pornographic photos, or other inappropriate content via the Platform.
2.5 Additional Rights We Retain. We do not guarantee that we will post all or any User Content that you submit to us. Although we reserve the right to remove without notice any User Content you submit or post for any reason, we have no obligation to delete User Content that you may find objectionable or offensive and we do not guarantee that content posted on or via the Platform will not be offensive, defamatory or objectionable. We do not control in real time the User Content posted via the Platform and as such do not guarantee the accuracy, appropriateness, integrity or quality of such User Content. POSTlaMODE do not endorse or make any warranties or representations with respect to the accuracy, appropriateness, validity, completeness or timeliness of any User Content posted on or via the Platform. You agree that POSTlaMODE is not responsible for, and does not endorse, User Content posted within the Platform, and has no obligation to prescreen, monitor, edit, or remove any User Content. If your User Content that is submitted or posted on to or via the Platform violates this Agreement, you may bear legal responsibility for that User Content.
With respect to User Content in the form of photos and such material, POSTlaMODE will use commercially reasonable efforts to maintain the attribution of or provide acknowledgement to such photos as submitted or posted by you and will not license or sublicense to third-parties, except in case for POSTlaMODE Brand Purposes. “POSTlaMODE Brand Purposes” represents any use in connection with a POSTlaMODE-branded or co-branded website, application, service, publication, or any use which advertises, markets or promotes the Platform, our services, POSTlaMODE, or its affiliates.
3.2 Links to Third-Party Site of Features. The Platform may include third-party material and content that are not owned, controlled, managed, maintained or endorsed by POSTlaMODE. The Platform or communications you receive from the Platform, including images or comments within the Platform or within our communications, may contain links to third-party websites or features. POSTlaMODE, may permit interactions between the Platform and a third-party website or feature, including applications that connect the Platform or your profile on the Platform with a third-party website or feature, which you may opt out of using. If you choose to use this functionality you may be required to login to your account on the third-party service and you do so at your own risk. At your sole discretion and risk, you may use applications that connect the Platform or your profile on the Platform with a third-party service and such application may interact with, connect to or collect and/or extract information from and to your account or profile. If you use such application to share information, you are consenting to your profile information on the Platform being shared, and your use of such application may cause certain personal information to be publicly disclosed, displayed, and/or associated with you, even if POSTlaMODE may have not provided such information. You may use third-party websites, features, content, or applications at your own risk, and you will not hold POSTlaMODE liable for any activities related to such third-party services, application or feature accessed via the Platform. You acknowledge and agree that POSTlaMODE is in no way responsible or liable for any such third-party services, applications or features, and your correspondence, activities, and business with third-parties accessed via the Platform are solely between you and the third-party.
3.4 Advertisements and Promotional Material. The Platform may display advertisements and promotional material on, about, or in conjunction with your User Content. The manner, method and extent of such advertising and promotions are subject to change without notice to you. At your sole discretion and risk, you may use, act upon, or proceed with any advertisement or promotional material on our Platform, including but not limited to third-party paid services, sponsored content, or commercial communications.
The POSTlaMODE name and logo are trademarks of POSTlaMODE, and may not be copied, reproduced, imitated or used, in whole or in part, without the prior written permission of POSTlaMODE. All POSTlaMODE tabs, headers, custom graphics, buttons and scripts are service marks, registered or unregistered trademarks and/or trade dress of POSTlaMODE, and may not be copied, reproduced, imitated or used, in whole or in any portion thereof, including derivative works, without prior written consent of POSTlaMODE.
The Platform and this Agreement permits you to use the POSTlaMODE buttons, links and widgets. You may use POSTlaMODE buttons, links and widgets in such manner that such buttons, links and widgets are: (a) linked to the Platform; (b) are not modified or altered in any manner; and (c) are not used as means to imply or suggest that POSTlaMODE controls, manages, owns, endorses, sponsors or recommends the website or application these button, links and widgets are used or placed. POSTlaMODE reserve the right to revoke the permission to use such button, links and widgets to anyone, at any time for any reason.
You must not declare or imply that any of your statements, information, material, activities or causes are endorsed by POSTlaMODE, without our prior written consent in each case.
POSTlaMODE does not permit submitting or posting of any information, material or content that violates someone else’s intellectual property rights, including trademark or copyright. POSTlaMODE has adopted and implements in accordance with the Digital Millennium Copyright Act (“DMCA”). When submitting a copyright violation, you must follow the requirements set forth within the DMCA. If we determine that the materials you claimed are a violation of trademark rights or copyright, POSTlaMODE may remove those materials at its sole discretion or will remove those materials on a court order declaring the content or use of the materials is illegal.
If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to claims of copyright infringement on the Platform must meet the current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright) and should be submitted to the agent via firstname.lastname@example.org or our ‘Report this Picture’ feature to submit a claim with detailed description and applicable images to support the claim. We recommend that you consult legal advice before filing a notice or counter-notice. Also, be informed that there can be penalties for false claims under the DMCA.
If you infringe other people’s intellectual property rights, we reserve the right to terminate your account at any time without notice.
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, INFORMATION, CONTENT, SERVICES, PRODUCTS, PRODUCT DESCRIPTIONS, THIRD-PARTY CONTENT, SECURITY, AND INSTRUCTIONS ASSOCIATED WITH THE PLATFORM, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, POSTLAMODE, OUR EMPLOYEES, OFFICERS, MANAGERS, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, OR OUR licensors, suppliers, successors and their employees, officers, managers, directors, consultants, agents or other representatives, DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS , FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS OR HARMFUL COMPONENTS, CORRECTION OF DEFECTS, AND UNINTERRUPTED OR ERROR-FREE SERVICE.
POSTLAMODE MAKES NO WARRANTIES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS, TO MAXIMUM EXTENT PERMITEED BY THE LAW, FOR CONTENT POSTED BY ANY THIRD-PARTY ON THE PLATFORM, THE PRODUCTS AND PRODUCT DESCRIPTIONS, THIRD-PARTY SERIVCESS OR LISTING ON OR ACCESSIBLE TO YOU VIA THE PLATFORM, AND THE ACCURACY, QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN YOUR USE OF THE PLATFORM. FURTHER, POSTLAMODE DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY INDIVIDUAL OR ENTITY FOR ANY LOSS, DAMAGE (ANY ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHERWISE), INJURY, CLAIM, REPUTATIONAL HARM, LIABILITY RESULTING FROM ANY CONTENT, OR YOUR USE OR INABILITY TO USE OF THE PLATFORM.
THE POSTLAMODE DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ALL JURISDICTIONS, AND THAT POSTLAMODE DISCLAIMS SUCH WARRANTIES. BY ACCESSING OR USING THE PLATFORM YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM, PRODUCTS, INFORMATION OR SERVICES IS AT YOUR SOLE RISK.
IN NO EVENT WILL POSTLAMODE OUR EMPLOYEES, OFFICERS, MANAGERS, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, OR OUR licensors, suppliers, successors and their employees, officers, managers, directors, consultants, agents or other representatives BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES INCLUDING BUT NOT LIMITED TO, ANY ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR OTHERWISE, THAT ARE DIRECTLY OR INDIRECTLY RELATING TO: (A) THE PLATFORM INCLUDING BUT NOT LIMITED TO, POSTLAMODE CONTENT, INFORMATION, SERVICES, AND FEATURES; (B) USER CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE PLATFORM; (D) ANY INVESTIGATIONS BY THE POSTLAMODE REGARDING YOUR USE OF THE PLATFORM; (E) ANY LAW ENFORCEMENT OR REGULATORY INVESTIGATIONS REGARDING YOUR USE OF THE PLATFORM; (F) ANY ACTION TAKEN IN RELATION TO COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS; (G) ANY ERRORS OR OMISSIONS IN RELATION TO THE PLATFORM OR OUR SERVICES; OR (H) ANY DAMAGE OR HARM TO ANY USER’S MOBILE DEVICE, COMPUTER, OR OTHER EQUIPMENT OR TECHNOLOGY, DUE TO, WITHOUT LIMITATION, ANY SECURITY BREACH, VIRUS, BUGS, SPAM, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR NETWORK FAILURE OR ANY OTHER TECHNICAL FAILURE OR OTHER MALFUNCTION. UNDER NO CIRCUMSTANCES WILL POSTLAMODE BE LIABLE FOR, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OR COMPLETENESS OF RESULTS OR CONTENT, EVEN IF FORESEEABLE OR KNOWN BY POSTLAMODE PARTIES, OR WHETHER DUE TO NEGLIGENCE, LIABILITY OR TORT INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED BY NEGLIGENCE, ACTS OF GOD, NETOWRK FAILURE, OR STOLEN OR MALFUNCTION OR FAILUARE OF THE PLATFORM.
IN NO EVENT WILL POSTLAMODE OUR EMPLOYEES, OFFICERS, MANAGERS, CONSULTANTS, AGENTS OR OTHER REPESENTATIVES, OR OUR licensors, suppliers, successors and their employees, officers, managers, directors, consultants, agents or other representatives BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, HARM OR DEATH. UNDER NO CIRCUMSTANCES WILLPOSTLAMODE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU WILL HAVE NO RIGHTS TO ORDER OR RESTRAIN THE PRODUCTION, DEVELOPMENT, DISTRIBUTION, ADVERTISING, PUBLICATION, OR EXPLOITATION OF ANY WEBSITE, APPLICATION, PROPERTY, PRODUCT, SERVICE, INFORMATION, OR OTHER CONTENT OWNED OR CONTROLLED BY THE POSTLAMODE PARTIES.
POSTLAMODE IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS, CONTENT, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, OR SERVICES OF THIRD-PARTIES, AND YOU RELEASE US, OUR EMPLOYEES, OFFICERS, MANAGERS, CONSULTANTS, AGENTS OR OTHER RERPESENTATIVES FROM ANY CLAIMS AND DAMAGES, ARISING OUT OF OR IN ANY CONNECITION WITH YOU AND ANY SUCH THIRD-PARTIES.
9.1 Generally. In the interest of resolving disputes between you and POSTlaMODE in the most expedient and cost-effective manner, you and POSTlaMODE agree that any and all disputes arising out of or relating in any way to this Agreement or your use of the Platform shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes but is not limited to all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this Agreement. You understand and agree that, by entering into this Agreement, you and POSTlaMODE are each waiving the right to a trial by jury or to participate in a class action.
9.2 Waiver. Notwithstanding Section 9.1, you and POSTlaMODE agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek a temporary restraining order or preliminary injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address intellectual property infringement claims.
9.3 Arbitrator. Any arbitration between you and POSTlaMODE will be conducted in English by a single arbitrator and will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), (the “Rules”), and will be administered by, respectively by the AAA. The Rules and filing forms are available online at, respectively, www.adr.org or 800-778- 7879 (for the AAA).
9.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). For United States residents, POSTlaMODE’s address for Notice is: POSTlaMODE, Inc., LLC, (1370 Broadway, 5th Floor, #589, New York, NY 10018). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice is received, you or POSTlaMODE may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or POSTlaMODE shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, POSTlaMODE shall pay you the greater of (i) the amount awarded by the arbitrator, if any, or (ii) the greatest amount offered by POSTlaMODE in settlement of the dispute prior to the arbitrator’s award, whichever is greater.
9.5 Administrative Fees and Costs. Each party will pay its own fees and costs for Arbitration or share in such fees and costs according to the applicable Arbitration rules.
9.6 No class actions. You and POSTlaMODE agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and POSTlaMODE agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
9.7 Enforceability. If Section 9.6 above is found to be unenforceable or if the entirety of this Section 9 is found to be unenforceable, then the entirety of this Section 9 will be null and void.
9.8 Legal Fees. In the event of an Arbitration proceeding pursuant to this Agreement, you and POSTlaMODE will each bear its own attorneys’ fees and costs, regardless of who prevails in such Arbitration.
11.2 Platform Performance and Content Backup. There will be occurrences when the Platform may be interrupted, including but not limited to, for routine maintenance or upgrades, for emergencies and repairs, or due to failure of telecommunications, systems, links and/or equipment. Further, POSTlaMODE reserves the right to remove any User Content from the Platform, or temporary or permanently discontinue the Platform for any reason, at any time and without prior notice. POSTlaMODE may continue to store the User Content removed from the Platform, in order to, including but not limited to, fulfill certain legal obligations, but such User Content may not be accessible without a valid court order. As a result, we encourage you to maintain your own backup of your User Content, and you must not use the Platform as a backup or store your User Content. POSTlaMODE will not be responsible or liable to you for any modification, suspension, or discontinuation (temporary or permanently) of the Platform, or the loss of any User Content.
11.4 Geographical Restrictions. The information and content provided within the Platform is not intended for distribution or use by any individual or entity in any jurisdiction or country where such distribution or use would be unlawful, or which would require POSTlaMODE to any registration obligations in such country or jurisdiction. We hold the right to limit the accessibility and availability of the Platform or any portion of the Platform, and to limit any content, product, service, or other feature of POSTlaMODE to any person, country, or jurisdiction, at any time, for any reason without prior notice. Software if any, made available by or related to the Platform may be subject to United States export controls, and therefore, you must not download, export or re-export any software from the Platform into any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software made available by or related to the Platform if any, you represent and agree that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
11.8 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by POSTlaMODE without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
11.9 Headings. The heading references herein are for convenience purposes only, do not constitute a part of the terms of this Agreement, and will not be deemed to limit or affect any of the provisions hereof.
11.10 Time Limit for Claims. You and POSTlaMODE agree that any cause of action you bring against POSTlaMODE arising out of or related to the service or Platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred and thus you may not bring such cause of action against POSTlaMODE.
11.11 Survival. Upon termination or expiration of this Agreement for any reason, the following provisions will survive such termination or expiration: Sections 1.5, 2.2, 2.5, and 4 through 11.
Last modified October 8, 2018