Terms of Use

Copyright and Trademark Information

© Copyright 2010 PostUp, Inc. All rights reserved. All trademarks are the property of their respective owners. Reference herein does not constitute or imply affiliation with, endorsement, or recommendation of PostUp, Inc. products by the respective trademark owners.

Acceptance of Terms

These Terms of Service ("TOS") govern your access to and use of the services and PostUp's websites (the "Services"), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"), including but not limited to content you create for the Services, your online profile or other biographical information, information on your selected bids and keywords, and the fact that you are a user of the Service. PostUp's websites include those hosted at http://www.postup.com (the "Site"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

The Services are provided by PostUp, Inc. (the "Company") and are provided subject to your acceptance of the following TOS which may be updated by the Company from time to time. Your permission to access and use the Services is contingent upon your acceptance of the terms and conditions set forth in this TOS. By accessing, browsing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. You can review the most current version of this TOS at any time at this page (http://www.postup.com/terms). You accept the terms and conditions of this TOS by using this Site in any manner. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE POSTUP SERVICES.

PostUp Privacy Policy

Any information that you provide to the Company is subject to our Privacy Policy, located at http://www.postup.com/privacy, which is incorporated herein by this reference.

General Terms

• You may use the Services only if you can form a binding contract with the Company and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these TOS and all applicable local, state, national, and international laws, rules and regulations.
• The Services that the Company provides may change from time to time without prior notice to you. In addition, the Company may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
• The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by the Company on the Services are subject to change. In consideration for the Company granting you access to and use of the Services, you agree that the Company and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
• Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Services or broadcast elsewhere.
• You are entirely responsible for all computer information, or other content that you upload, post or otherwise transmit to or via the Services ("Submissions"). You agree not to upload, post or otherwise transmit via the Services any content that: (i) is false, inaccurate, misleading, harmful, obscene, indecent, pornographic, defamatory, racist, violent, offensive, threatening, harassing, or otherwise objectionable to the Company or other users of the Site or Service; (ii) includes unauthorized disclosure of personal information; (iii) violates or infringes anyone's intellectual property rights; or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. The Company reserves the right to edit or remove content that violates this TOS or that contains third-party commercial advertisements.
• Please note that you shall retain ownership rights in your Submissions; however, by making your Submissions, you grant the Company the irrevocable, fully transferable rights to use, reproduce, edit, translate, reformat, distribute, modify, transmit, prepare derivative works of, publicly display and produce the Submissions in connection with the Company's business, in accordance with these TOS and our Privacy Policy.
• If you elect to become an advertiser of the Company (an "Advertiser"), you also agree to grant us a worldwide, non-exclusive, transferable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute all content that you upload, post or otherwise transmit via Twitter or any other service that is publicly viewable ("User Content").
• You agree that these licenses include the right for the Company to make your Submissions and, if applicable, User Content, available to other companies, organizations or individuals who partner with the Company for the syndication, broadcast, distribution or publication of such content on other media and services, subject to our terms and conditions for such content use.
• Such additional uses by the Company, or other companies, organizations or individuals who partner with the Company, may be made with no compensation paid to you with respect to the Submissions and, if applicable, User Content.
• We may modify or adapt your Submissions and, if applicable, User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Submissions and, if applicable, User Content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.
• The Company does not wish to receive any information that is confidential or proprietary. You agree not to post or otherwise provide any Submission that you consider confidential or proprietary, and any Submissions you post will be deemed and treated as non-confidential and non-proprietary. No compensation will be paid or is due with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide.
• You understand that your Submissions and, if applicable, User Content may be rebroadcasted by our partners and if you do not have the right to make the Submissions for such use, it may subject you to liability. The Company will not be responsible or liable for any use of your Submissions or User Content by the Company in accordance with these TOS. By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to license, provide, post, upload, input or submit the Submission.
• You agree that you will not use the Site to: (i) transmit spam, bulk, or unsolicited communications; (ii) pretend to be the Company or someone else, or spoof the Company's or someone else's identity; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via the Site; (iv) misrepresent your affiliation with a person or entity; (v) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Site; (vi) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (vii) collect or store personal data about other users unless specifically authorized by such users. We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise. Further, the Company has the right, although not the obligation, in its sole discretion, to (i) refuse any Submission that, in its reasonable opinion violates any Company policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in the Company's sole discretion.
• The Company provides for its partners to syndicate and distribute the Content per a set of carefully defined style guidelines, specified at http://www.PostUp.com/styleGuide.html. You agree that you will not link to the Site using any HTML techniques that display the Site within a frame, partial window, popup, pop-under, or any other non-standard linking method, or present or redistribute content from the Service, except as provided for in the style guidelines.
• Except as permitted through the Services (or these TOS), you agree that you must use the PostUp API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services.
• The Company may collect advertising revenue, and/or share advertising revenue with its distribution and syndication partners. You agree that this revenue is wholly due to the Company and its partners, according to their respective business agreements, and you acknowledge that you have no right or claim to any such revenue, whether or not related to your Submissions or User Content.
• You may partner with the Company to distribute or syndicate our Content. You are entitled to no revenue as the result of such an arrangement, except as described in a separate written agreement entered into between you and the Company. You agree that nothing in this TOS entitles you to any revenue, and hereby disclaim any rights to such revenue, except as covered by a separate written agreement with the Company.
• You agree to not use any robot, spider, other automatic device, or manual process to monitor or copy the Site web pages or the Content contained therein, or at the sites of our distribution or syndication partners, without the prior express written permission of the Company.
• If you elect to become and Advertiser, the Company may collect payments from you in return for presenting advertisements on your behalf, including but not limited to, presenting content produced by you to users of the Service, including but not limited to your online bio and messages you produce either via the Service or via Twitter or other services.
• The Company's liability for Services is limited to the amount you paid for the Services, such as amounts paid for advertising. In no case will the Company be liable for damages related to the performance of the Services, failure to perform the Services, or from incorrectly performing the Services.
• The Company may, from time to time, offer free or discounted use of the Services. In all cases, we reserve the right to reclaim any unused value from these offers, including but not limited to removing unused credit from your advertising account. The Company may periodically make offers of credit that may expire without notice, at a time of the Company's choosing.
• When the Company chooses to offer free or discounted use of the Services (an "Offer"), you agree that you are entitled to only one complimentary or discounted use per Offer. Any given person or entity may only take advantage of an Offer once. Abuse of the Company's Offers will lead to immediate revocation of the Offer, and the abuser shall be liable for any amounts used to which he or she was not entitled.

No Endorsement of Content

The Site may contain hyperlinks to third party web sites outside of the Site. We make no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on those third party web sites. By operating the Site, the Company does not represent or imply that it endorses any posted Submission, or that it believes such information to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your property from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that you find offensive or otherwise objectionable, or contains inaccuracies, mistakes, or other errors. The Site may also contain material that violates the rights of third parties or infringes on the intellectual property rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Company disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content there posted.

System Outages

We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, or non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

DISCLAIMER OF WARRANTIES

THE COMPANY PROVIDES THIS WEB SITE AND THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE SERVICE. THE COMPANY MAKES NO WARRANTY THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICE OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES AND COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY

IN NO EVENT WHATSOEVER SHALL THE COMPANY, ITS PARENT COMPANIES, AFFILIATES, OR SUPPLIERS OR THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD AND UPLOAD OF ANY MATERIAL THROUGH THIS SITE OR THE SERVICE IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. THE COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE OR THE SERVICE. THE COMPANY'S LIABILITY HEREUNDER IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Intellectual Property

• Except as expressly authorized by the Company, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Site content or the content of other users on the Site, in whole or in part, by any means. You may not modify, decompile, or reverse engineer any software related to the operation of the Site, or otherwise provided to you by the Company. You may not remove or modify any copyright or trademark notice, or other notice of ownership found anywhere on the Site.
• "The Company's Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations the Company uses in connection with its products and services. You may not copy, use, remove, or alter any Company Trademarks, or co-brand your own products or material with Company Trademarks, without the Company's prior written consent. You acknowledge the Company's rights in the Company's Trademarks and agree that any use of the Company's Trademarks by you shall inure to the Company's sole benefit. You agree not to incorporate any Company Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations.
• Certain Site or Service content may be licensed from third parties and all such third party content and all intellectual property rights related to such content belong to the respective third parties. All third party trademarks and/or logos used on this Site are the trademarks, service marks, or logos of their respective owners. Nothing in this TOS shall confer any right of ownership of any of such third party content and/or trademarks.
• Unless explicitly stated herein, nothing in this TOS shall be construed as conferring to you any license to any Company or third party intellectual property rights, whether by estoppel, implication, or otherwise. Unless explicitly stated herein, no permission is granted to you to copy, remove, publicly display, modify, or otherwise use any Company Trademarks, third party trademarks, or other content on this Site.

Copyright Policy

We respect the intellectual property of others, and require that our users do the same. Company has adopted the following policy regarding copyright infringement, in accordance with the Digital Millenium Copyright Act.

If you believe that content residing or accessible on the Site infringes a copyright, please send a notice of copyright infringement containing the following information us as indicated below:

• Identification of the work or material being infringed.
• Identification of the material that you believe is infringing with sufficient detail so that the Company is able to locate and verify its existence.
• Your contact information, if you are the copyright owner, or the person who identifies as the notifying party ("Notifying Party"), including name, address, telephone number and e-mail address.
• A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
• A statement made under penalty of perjury that the information provided in your notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
• The Notifying Party's or your physical or electronic signature, as applicable.

• Disable access to or remove content that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any user of the Site and
• Notify the user responsible for the allegedly infringing material (the "Infringer") that it has been removed or disabled access to the content.

Send this information to:
DMCA Complaints
PostUp, Inc.
130 West Union Street
Pasadena, CA 91103
E-mail: copyright@postup.com

Indemnification

You agree to indemnify and hold the Company and its affiliates and each of their employees, contractors, agents, officers, and directors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Site or the Service, your violation of any terms or conditions of this TOS, your violation of applicable laws, or your violation of the rights of any other person or entity.

Choice of Law and Venue

This TOS shall be governed by and construed in accordance with the laws of the state of California, exclusive of its choice of law or conflicts of law rules. The exclusive venue for all litigation regarding or arising out of this TOS shall be in Los Angeles County, California and you agree to submit to the jurisdiction of the courts in Los Angeles County, California for such litigation.

Miscellaneous

In the event that one or more portions of this TOS shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this TOS. Any delay or failure to require performance of any provision hereof shall in no manner affect any right at a later time to enforce such provision. No delay or failure in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. This TOS and any documents expressly incorporated by reference, including but not limited to the Privacy Policy, constitute the entire integrated agreement between the Company and you pertaining to the subject matter hereof. In its sole discretion, the Company may amend or modify this TOS or any other documents referenced herein at any time by posting such modifications on the Site. Any amended or modified terms will be effective upon posting. Continued use of or visits to the Site shall constitute your acceptance of any modified terms and conditions.

These Terms of Service were last updated on April 7, 2010.