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POSTLING.COM

TERMS OF SERVICE

1. Your Acceptance

This website, postling.com (the "Website"), is brought to you by LocalVox Media, Inc. ("LocalVox", also referred to as "we", "us" or "our"). By registering with or using this Website you signify your agreement to (1) these terms and conditions (the Terms of Service. ) and (2) LocalVox's Privacy Policy, incorporated here by reference (collectively, the "Agreement"). This Agreement is binding on each person who uses the Website and each company or other entity for whom the person is using the Website (collectively, "you" or "your"). If you do not agree to the Terms of Service or the LocalVox Privacy Policy, please do not use this Website.

Although we may attempt to notify you when material changes are made to the Agreement, you should periodically review the most up-to-date version at http://www.postling.com/tos.php. LocalVox may, in its sole discretion, modify or revise the Agreement at any time. Your use of this Website shall be deemed to confirm your assent to the then-current version of this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. LocalVox Website

The Website includes all aspects of the LocalVox services, including but not limited to the LocalVox Posting Service, the LocalVox Comment Aggregation Service, and the LocalVox Reporting and Analytics Services ("Services").

The Services may facilitate the posting and publishing of User Content (defined below) to, and the Website may contain other links to, third-party websites that are not owned or controlled by LocalVox. LocalVox assumes no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, LocalVox does not censor or edit the content of any third-party website. By using the Website, you expressly release LocalVox from any and all liability arising from your use of and your posts to any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to review the terms and conditions, privacy policy and other governing documents of each other website that you may visit.

3. LocalVox Accounts

In order to use the Services, you will have to create an account (an "Account"). Accounts allow you to post, publish, store, manage and share content. You represent and warrant to LocalVox that you have all necessary rights to distribute content via the Website, either because you are the author of the content and have the right to distribute, or because you have distribution rights, in writing, from the copyright or other owner of the content ("User Content").

You may not use another user’s Account without express permission from the other user. When creating an 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 LocalVox immediately of any breach of security or unauthorized use of your Account. LocalVox will not be liable for any loss you may incur due to any unauthorized use of your Account. You, however, may be liable for the losses of LocalVox or others caused by your Account, whether caused by you, by another user or by an unauthorized person.

4. General Use of the Website -- Permissions and Restrictions

LocalVox hereby grants you permission to access and use the Website as set forth in this Agreement, provided that:

  • You agree not to copy or distribute in any medium any part of the Website.

  • You agree not to alter or modify any part of the Website or any of its related technologies.

  • You agree not to access User Content or LocalVox Content (as defined below) through any technology or means other than through the Website itself, or other means LocalVox may designate.

  • You agree to back-up all of your User Content so that you can access and use it when needed. LocalVox does not warrant that it backs-up any Account or content, and you agree to accept as a risk the loss of any and all of your User Content.

  • You agree not to use the Website, including any of LocalVox's related technologies for any commercial use, without the prior written authorization of LocalVox. Prohibited commercial uses include any of the following actions taken without LocalVox's prior written approval:

    • sale of access to the Website or its related services on another website;
    • use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
    • the sale of advertising on the LocalVox Website or any third-party website; and
    • any use of the Website or its related services that LocalVox finds, in its sole discretion, to use LocalVox's resources or User Content with the effect of competing with or displacing the market for LocalVox, LocalVox Content, or the User Content of any of its other users.

  • Prohibited commercial uses do not include uploading original posts and messages to an Account to promote your personal or business enterprise (and where you have the right to do so) or any other use that LocalVox expressly authorizes in writing.

  • You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses or interacts with the Website in any manner. Notwithstanding the foregoing, LocalVox grants the operators of public search engines permission to use spiders to visit the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of any materials or other content. LocalVox reserves the right to revoke or revise these exceptions either generally or in specific cases.

  • You agree that you will not and you will not permit anyone to collect or harvest any User Content or any personally identifiable information, including account names, from the Website.

In your use of the Website, you will otherwise comply with the Agreement and all applicable local, national, and international laws and regulations. LocalVox reserves the right to discontinue, change or modify any aspect of the Website or Services at any time.

5. Your Use of Content on the Website

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of LocalVox Content and User Content on the LocalVox Website.

LocalVox Content. The content on the Website, except for User Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (the "LocalVox Content"), are owned by or licensed to LocalVox and are subject to copyright and trademark law, and other intellectual property rights under the law. LocalVox Content is provided to you "as is", "as available" and "with all faults" for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the prior written consent of LocalVox. LocalVox reserves all rights not expressly granted in and to the Website and the LocalVox Content.

User Content. You may upload and post to your Account on the Website any User Content that you are expressly permitted to upload and that does not otherwise violate the Agreement. By uploading User Content to the Website you represent and warrant to LocalVox that you have the right to do so, and that you do not violate the rights of any third party.

Security. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any LocalVox Content or User Content or enforce limitations on use of the Website, the LocalVox Content or the User Content therein.

6. User Content and Conduct

Each Account holder may submit content, text and other User Content for posting with third party websites.

You shall be solely responsible for all User Content that you post or otherwise make available, and the consequences of and requirements for (including complying with the rules and regulations of all third party sites) posting and distributing it. In connection with USER CONTENT THAT YOU SUBMIT OR THAT IS SUBMITTED THROUGH YOUR ACCOUNT, you affirm, represent, and warrant that you own or have the necessary AND APPROPRIATE licenses, rights, consents, and permissions to use, and authorize LocalVox to use, THE patent, trademark, trade secret, copyright AND other proprietary rights in and to any and all USER CONTENT to enable inclusion and use of the USER CONTENT in the manner contemplated by the Website and THIS AGREEMENT.

You shall retain all of your ownership or license rights in your User Content. However, by submitting User Content to LocalVox, you hereby grant LocalVox a worldwide, non-exclusive, royalty-free, sub-licensable, transferable, irrevocable, perpetual license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Website and LocalVox's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels, now known or hereafter developed.

LocalVox does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and LocalVox expressly disclaims any and all liability in connection with your User Content or the User Content of any other user. LocalVox does not permit any infringement of intellectual property rights on its Website, and LocalVox will remove any item of User Content if properly notified that such User Content infringes on another's intellectual property rights. LocalVox reserves the right to remove User Content without prior notice, for any reason or for no reason in LocalVox’s sole discretion.

7. Account Termination Policy

LocalVox reserves the right to decide whether any item of User Content is appropriate or complies with the Agreement. LocalVox may remove any User Content and/or terminate a user’s access for uploading or posting any material in violation of this Agreement, or for any other reason, or for no reason, at any time, without prior notice and at LocalVox’s sole discretion. LocalVox may also terminate a user’s access to the Website if LocalVox has reason to believe the user is repeat infringer.

8. Copyright; Digital Millennium Copyright Act

Notification. If you are a copyright owner or an agent thereof ("Owner") and believe that any LocalVox Content, User Content or other content, information or data (the "Accused Content") infringes upon your copyrights, you may submit a notification (a "Takedown Notice") pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the Owner of an exclusive right that is allegedly infringed;

  • 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;

  • Identification of the Accused Content 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 LocalVox to locate the Accused Content;

  • Information reasonably sufficient to permit LocalVox to contact the Owner, such as an address, telephone number, and, if available, an electronic mail;

  • A statement that the Owner has a good faith belief that use of the Accused Content in the manner complained of is not authorized by the Owner, its agent, or the law; and

  • 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. For clarity, only DMCA notices should go to the Copyright Agent (at the address set forth below); any other feedback, comments, requests for technical support, and other communications should be directed to LocalVox customer service (at the address set forth below). You acknowledge that if you fail to comply with all of the requirements of the DMCA, your DMCA notice may not be valid.

LocalVox may share the Takedown Notice with the Provider of the Accused Content or any other person, and LocalVox may publish the Takedown Notice. LocalVox will only take down Accused Content of which it is made aware of in accordance with the DMCA on the Website; LocalVox is not responsible for taking down any Accused Content on any third party website. LocalVox has the option, but not the obligation, to notify any third party website that the Accused Content is subject to a Takedown Notice.

Counter Notice. The provider of the Accused Content (the "Provider") may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA (the "Counter Notice"). When LocalVox receives a Counter Notice, we may (but we have no obligation to) reinstate the Accused Content.

To file a Counter Notice with us, the Provider must provide a written communication that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. To expedite our ability to process your Counter Notice, please use the following format (or any other format that complies with the provisions of the DMCA):

  • Identify the specific URLs of the Accused Content or other material that LocalVox has removed or to which LocalVox has disabled access.

  • Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the Owner or other person who provided the Takedown Notice or an agent of such person.

  • Include a statement, under penalty of perjury, that you have a good faith belief that the Accused Content was removed or disabled as a result of a mistake or misidentification of the Accused Content.

  • Sign the paper or other communication.

  • Send the written communication to the following address: copyright@postling.com c/o LocalVox Legal, 5 Hanover Square, New York, NY, 10005, United States.

We suggest that you consult your legal advisor before filing a Takedown Notice or a Counter Notice. Also, please be aware that there are penalties for false claims under the DMCA. LocalVox reserves the right to share or publish any Takedown Notice or Counter Notice at any time.

If a Counter Notice is received by the Copyright Agent, LocalVox may send a copy of the Counter Notice to the Owner or original complaining party that filed the Takedown Notice informing the Owner that LocalVox may reinstate the Accused Content or cease disabling it in 10 business days. Unless the Owner files an action seeking a court order against the Provider of the Accused Content, the Accused Content may be reinstated, or access to it restored, in 10 to 14 business days or more after receipt of the Counter Notice, at LocalVox's sole discretion.

Address for Notices. Each Takedown Notice and Counter Notice must be sent to LocalVox at one or more of the following addresses:

E-mail: copyright@postling.com
Address: 5 Hanover Square, New York, NY, 10005, United States

Account Termination for Infringing Actions. If you believe that a user of LocalVox is a repeat infringer, please contact LocalVox and provide information sufficient for us to verify that the user is a repeat infringer. Our policy is to terminate accounts of any users who are verified repeat infringers.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR OWN RISK AND THAT ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMITTED BY LAW, LOCALVOX, ITS OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LOCALVOX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE 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, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR ANY THIRD PARTY WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE , AND /OR (VI) 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 WEBSITE AND SERVICES. LOCALVOX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LOCALVOX WEBSITE OR RELATED SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LOCALVOX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR THIRD PARTY WEBSITES. IN CONNECTION WITH THE SERVICES, LOCALVOX MAKES NO GUARANTEES OR WARRANTIES THAT ALL USER CONTENT WILL BE POSTED TO IDENTIFIED THIRD PARTY SITES AND LOCALVOX UNDERTAKES NO OBLIGATIONS TO REGISTER USERS WITH OR PAY USERS’ DUES TO ANY THIRD PARTY WEBSITES.

10. Limitation of Liability

IN NO EVENT SHALL LOCALVOX, ITS OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT ON THE WEBSITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE AND RELATED SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE AND RELATED SERVICES, AND/OR (VI) 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 WEBSITE AND RELATED SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT LOCALVOX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN EACH APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT LOCALVOX SHALL NOT BE LIABLE FOR ANY USER CONTENT OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

11. Indemnity

You agree to defend, indemnify and hold harmless LocalVox and its vendors and licensors, and their respective 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 attorneys’ fees) allegedly arising from: (i) your use of and access to the Website and Services; (ii) your violation of any term of this Agreement, including these Terms of Service or the Privacy Policy; (iii) your violation of any third party right, including without limitation any copyright, intellectual property or privacy right; or (iv) any claim that any item of User Content originating from your Account caused damage to a third party. These defense and indemnification obligations will survive any termination or expiration of this Agreement and your use of the LocalVox Website and its Services.

12. Ability to Accept Terms of Service

You affirm that you are either 18 years of age or older, 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 this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, as the LocalVox Website and related services are not intended for children under 13.

13. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LocalVox without restriction.

14. Miscellaneous

The Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any controversy, claim or dispute between you and LocalVox shall be determined by one arbitrator in binding arbitration administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules, the Optional Rules for Emergency Measures of Protection, and the Supplementary Procedures for Online Arbitration. The arbitral award will be final and binding, and may be enforced in any court of competent jurisdiction. The parties consent to the non-exclusive jurisdiction of the State and Federal Courts located in New York, New York. The Agreement, and any other legal notices published by LocalVox on the Website, shall constitute the entire agreement between you and LocalVox concerning the LocalVox Website and its services. If any provision of the Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision. LocalVox reserves the right to amend the Agreement at any time and without notice, and it is your responsibility to review the Agreement for any changes. Your use of the LocalVox Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms on a prospective basis. Any claim or issue that arises between you and LocalVox is subject to the provisions of the Agreement in effect as of the date of the alleged actions or omissions from which the claim arises.

YOU AND LOCALVOX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LOCALVOX WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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