Terms of Use
1. Definitions
For simplicity, the definitions
listed below will apply throughout these terms.
In addition, the words we, us, and our refer to the Openposting
website, its officers, subsidiaries, affiliates, successors, assigns,
directors, officers, agents, service providers, suppliers and employees. The words you, your, and yours refer to anyone
accessing the Openposting.com website.
Account: The Openposting.com
Account issued for the purpose of using any of the Openposting.com sevices,
which require registration. You must be at least 18 years old to post
information on Openposting.com. If it is a family member’s account, please be sure to maintain
control. Do not let minors post anything in Openposting.com without
a parent’s or responsible adult’s supervision..
Account Holder: The Person
to whom an Openposting.com account has been issued, or who has agreed
to fulfill any obligations arising from an account issued to another person.
File Upload & Link: By
uploading a file or Link, you indicate that you are the copyright holder
of the file, or you are authorized by the copyright holder to freely distribute
it world-wide.
Content: Anything within a
Posting or transmitted through a Service, as well as anything linked to
by a Posting or transmission through a Service.
Posting: Any file, email,
image, text, photo, sound, video, or other material that is added to the
Openposting.com website via a valid Account.
Service: Any service provided
by us to a valid Account Holder.
Terms: The terms of use spelled
out in this document.
User: Any Person using any
Openposting.com services via a valid Account (not necessarily the Account
Holder).
Accounts
By requesting an Account from
us, you have are explicitly accepting all restrictions held within these
Terms. Account Holders agree to
responsible for any activities that are performed via the Account issued
to that Account Holder, whether or not those actions are initiated by
the Account Holder, or by another User.
We are not responsible for unauthorized access to any Accounts;
Account Holders are responsible for maintaining and protecting the Account
and access to the Account which was issued to
them. Account Holders maintain that all information
provided to us for the purpose of opening an Account is true and valid. Furthermore,
you acknowledge and agree that we may, under our sole discretion, preserve
or disclose your Content, as well as your information, such as email addresses,
IP addresses, timestamps, and other user information, if required to do
so by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: comply with legal process; enforce these Terms;
respond to claims that any Content violates the rights of third-parties;
respond to claims that contact information (e.g. phone number, street
address) of a third-party has been posted or transmitted without their
consent or as a form of harassment;
protect the rights, property, or personal safety of
us, our users or the general public.
We retain the right to deny, cancel, or revoke any Account, Posting
or Service for any reason at our own discretion
and without repercussions.
Account Holders retain the
right to remove any Posting that was initiated via their Account. This right applies only to public access of
the Posting; we retain the right to archive any Content in any Posting
made by any User and to document any Service performed by any User. Users that access any Account for which they
are not the Account Holder may do so only with the express written consent
of the Account Holder. All other
use of an Account is strictly forbidden and is subject to criminal prosecution
and civil prosecution for any damages done by the unauthorized usage,
both from us and the Account Holder. If
any Account Holder or User believes that an Account has been accessed
without permission of the Account Holder, that User should contact Openposting
as soon as possible. While we maintain no reponsibility for this
access or any damages caused by it, we will do our best to assist the
Account Holder in finding and prosecuting the responsible parties.
Content
You understand that all Content
is the sole responsibility of the Account Holder of the Account through
which it was Posted or transmitted. In
particular, you acknowledge that we do not control, and are not responsible
for any Content made available in a Posting or through a Service. Furthermore, you acknowledge that by willingly
accessing the Openposting website, that you could be exposed to Content
that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
We make no representation or warranty as to the accuracy, completeness
or authenticity of any information contained in any Posting or to any
information on any site linked to in any Posting. Content which contains
links to websites independent from the Openposting community is the responsibility
to the Account Holder of the Account under which it was posted.
In particular, by placing such a link in any Posting, the User
confirms that he/she has evaluated, and bears all risks associated with,
the use of any Content, that you may not rely on said Content, and that
under no circumstances will we 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 that has been Posted or otherwise made available via any of
our Services. You acknowledge that we do not pre-screen or pre-approve
Content, but that we retain the right (but not the obligation) under our
sole discretion to refuse, delete or remove any Content that is Posted
or otherwise made available by any of our Services, for violating the
letter or spirit of the Terms or for any other reason.
In such an instance, we promise
to remove the infringing Content, subject to the procedures outlined in
the Digital Millennium Copyright Act (DMCA).
No Spam Policy
By law, you understand and
agree that sending unsolicited email advertisements to our Users or through
our services or computer systems, is expressly prohibited by these Terms.
Any unauthorized use of any of our computer systems is a violation of
these Terms and certain federal and state laws, including without limitation
the Computer Fraud and Abuse Act this may subject the sender and
his or her agents to civil and criminal penalties.
Greetings from openposting.com
Use of this website, and
information distributed in conjunction with this website, including without
limitation the openposting.com E-Mail Update Service, is offered to you
on your acceptance of these Terms of Use, our Privacy Policy and other
notices posted on this website. Your use of this website or of any content
presented in any and all areas of the website indicates your acknowledgment
and agreement to these Terms of Use, our Privacy Policy and other notices
posted on this website. If you do not agree to be bound by and comply
with all of the foregoing, you may not access or use our services, or
website. We suggest you print a copy of these terms of use for your records.
Openposting.com has the right,
at its own discretion, to change or remove any terms or conditions of
these Terms of Use without any notice. Any changes to the Terms of Use
shall be effectively immediately following the posting of such changes
on this website. The most recent version of these Terms of Use may always
be found HERE You
as a user agree to review these Terms of Use periodically and agree that
any subsequent use by you of this website following these changes to these
Terms of Use shall constitute your acceptance of all such changes. These
Terms of Use were last modified.
Website disclaimer
The performance of this website
and all information contained on, downloaded or accessed from this website
are provided to you on an "as is" basis, without warranties
of any kind whatsoever, including any implied warranties or warranties
of merchantability, fitness for a particular purpose or non-infringement
of the rights of third parties. openposting.com shall be not responsible
for any problems or technical malfunction of any telephone network or
lines, computer on-line systems, servers, Internet access providers, computer
equipment, software, or any combination thereof including any injury or
damage to your or any other person's computer as a result of using this
website.
Openposting.com reserves
the right, at its sole discretion, to modify, disable access to or discontinue,
temporarily or permanently, any part or all of this website or any information
contained thereon without liability or notice to you.
As a visitor to our website,
you acknowledge and agree that any reliance on or use by you of any information
available on this website shall be entirely at your own risk. In no event
shall openposting.com nor any of its data providers be liable for any
direct, indirect, consequential or exemplary damages arising from the
use or the performance of this website, even if openposting.com or such
provider has been advised of the possibility of such damages.
Internet confidentiality
The transmission of information
over the Internet is not secure, and is subject to possible loss, interception
or alteration while in transit. We do not assume any liability for any
damage that you may experience or costs you may incur as a result of any
transmissions over the Internet, such as transmissions involving the exchange
of e-mail with us (including those which may contain your personal information).
We will take commercially reasonable efforts to safeguard the privacy
of the information you provide us and treat such information in accordance
with our Privacy Policy, in no event will the information you provide
to us be deemed to be confidential, or
result in any liability to you on our part in the event that such information
is inadvertently released by us or accessed by third parties without our
consent.
User conduct and obligations
You agree to follow all applicable
laws and regulations when using this website. Furthermore, you agree that
you shall not:
a.
upload, post or otherwise transmit through or to this website any content
that:
i.
is unlawful, abusive, threatening, harmful, obscene, lewd, offensive,
defamatory or otherwise objectionable;
ii.
might infringe the intellectual property rights, privacy rights, rights
of publicity, or other proprietary rights of others;
iii.
contains any viruses, trojan horses, time bombs, or any other harmful
programs or elements;
- disrupt,
place unreasonable burdens or excessive loads on, interfere with or
attempt to gain unauthorized access to any portion of our website,
its computer systems, servers or networks;
- provide
false information about yourself to us, impersonate any other person,
or otherwise attempt to mislead others about your identity or the
origin of any content, message or other communication;
- transmit
junk mail, chain letters, or other unsolicited bulk e-mail or duplicative
messages;
- collect
information about other visitors to our website without their consent
or otherwise systematically extract data or data fields, including
without limitation any financial data or e-mail addresses;
- sell
access to or the use of this website, including any content contained
on, downloaded or accessed from this website, except as specifically
permitted in writing by openposting.com;
By uploading, posting or
otherwise transmitting through or to our website any content, you grant
to us, our successors and assigns, a non-exclusive, world-wide, royalty
free, perpetual, non-revocable license to use or distribute such content
in any manner otherwise than as stated in our Privacy Policy.
You agree to indemnify, defend
and hold us and our affiliates, business partners, officers, directors,
employees and agents harmless from any loss, liability, claim, demand,
damage, or expense (including reasonable legal fees) asserted by any third
party relating in any way to your use of this website or breach of these
Terms of Use. We reserve the right to assume the exclusive defense and
control of any matter subject to indemnification by you, which shall not
excuse your indemnity obligations.
Third party websites
Links or pointers to other
websites and references to products and services offered by third parties
are provided to you for convenience only and do not constitute an endorsement
or approval by us of (i) the organizations that operate such websites;
(ii) the content, privacy policies or other terms of use on such websites;
or (iii) such third party products and services. As we have no control
or responsibility over websites or content maintained by other organizations,
or for products and services offered by third parties, we do not assume
any liability for your use of any of the foregoing, which use you acknowledge
and agree shall be at your own risk.
Proprietary rights
General
If any provision of these
Terms of Use is held invalid or unenforceable in any respect by any court
having competent jurisdiction, such provision shall be enforced to the
maximum extent permitted by law, and the remaining provisions of these
Terms of Use shall continue in full force and effect. No waiver of any
provision of these Terms of Use shall be deemed a further or continuing
waiver of such provision or any other provision of these Terms of Use.
Notification of Claims of Infringement
If you believe that your work
has been copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please notify
us for notice of claims of copyright or other intellectual property infringement.
Please document and provide
us with the following information:
1. Identify the copyrighted material
or other intellectual property that you believe
has been used without permission;
2. Identify the material on the Openposting.com site that you claim
is infringing.
3. A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law;
4. A statement by you declaring under penalty of perjury that (a)
the above information is accurate, and (b) that you are the owner of the
copyright interest involved or that you are authorized to act on behalf
of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
7. Email it to info@openposting.com
contact
if you have any questions
or concerns about our website or these Terms of Use, please feel free
to contact us at info@openposting.com
|
