TERMS OF SERVICE
postslook platform owns and operates online shopping networks, network of
websites including https://postslook.com/ , mobile applications, and any other
linked
and related pages, content, features, products, software, and tools offered by postslook.
• YOUR ACCEPTANCE OF TERMS
By accessing or using any of our Services, you agree to be bounded by
these
terms and conditions (the "Terms of Service"), and postslook’ privacy policy located at
https://postslook.com/privacy.html (“Privacy
Policy”) . Your use of the Services is expressly conditioned upon your assent to all of the terms
and
conditions of this Agreement to the exclusion of all other terms. If you do not agree to any of
these
terms and conditions, then please do not use our Services.
• MODIFICATION OF TERMS
postslook reserves the right, in its sole discretion, to modify the Terms
of
Service at any time by posting a notice on the postslook website, or by sending you a notice via
email
or postal mail. You shall be responsible for reviewing and becoming familiar with any such
modifications. Use of the Service by you following such notice constitutes your acceptance of the
terms
and conditions of the Terms of Service as modified.
• ELIGIBILITY TO USE SERVICES
You must be 18 years or older to use our Services. This
Agreement is
void where prohibited by law, and the right to access and use the Services is revoked in such
jurisdictions.
By accessing the Services, you represent and warrant to postslook that: (i) you are an individual
(i.e.,
not a corporation) at least 18 years old; (ii) you are of legal age to form a binding contract;
(iii)
all registration information you submit is accurate and truthful and you will maintain the accuracy
of
such information; (iv) you are legally permitted to use and access the Services and take full
responsibility for your access, selection and use of the Services.
• REGISTRATION FOR CERTAIN SERVICES
You may be required to register and select a password and username
(“postslook User ID”) to use certain Services. You may not (i) select or use as a postslook User ID a name of
another person with the intent to impersonate that person; or (ii) use as a postslook User ID a name
subject to any rights of a person other than you without appropriate authorization. You shall
provide
postslook with accurate, complete, and updated registration information. You shall be responsible
for
maintaining the confidentiality of your password. Any failure to comply with this provision may
result
in immediate termination of your account. postslook reserves the right to refuse registration of, or
cancel a postslook User ID in its discretion.
If you are accessing the Services through a third party site or service (such as “Facebook
Connect”),
postslook may require that your postslook User ID be the same as your user name for such third party
site or service. By providing your third party account credentials to postslook, you are consenting
to
have the information in those accounts transmitted into your postslook account. You shall only use
third
party accounts owned by you and not by any other person or entity.
• USER SUBMISSIONS
In the course of using the Services, you and other users may provide information which may be used
by
postslook in connection with the Services and which may be visible to certain other users. By
posting
information, images, video, blogs, or other content on the Services (collectively, “User
Submissions”)
or otherwise providing User Submissions to postslook or in connection with the Services, you hereby
grant to (i) postslook a non-exclusive, worldwide, royalty free, perpetual, irrevocable,
sublicenseable,
transferable right to fully exploit (including without limitation, reformatting, modifying, creating
derivative works of, and translate) such User Submissions (including all related intellectual
property
rights) in connection with the Services and postslook’ (and its successors’ and assigns’) business,
including without limitation for promoting and redistributing part or all of the Services (or any
derivative works thereof) in any media formats and through any media channels, and to allow others
to do
so; and (ii) each user of the Services a non-exclusive license to access your User Submissions
through
the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display, and
perform such User Submissions as permitted through the functionality of the Services and under this
Agreement.
The foregoing license grant to postslook does not affect your ownership of or right to grant
additional
non-exclusive licensees to the material in your User Submissions, unless otherwise agreed in
writing.
You, not postslook, remain solely responsible for all User Submissions that you upload, post, email,
transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that
you
possess all rights necessary to provide such content to postslook and to grant postslook the rights
to
use such information in connection with the Services and as otherwise provided herein.
You understand that all information publicly posted or privately transmitted through the Services is
the
sole responsibility of the person from which such content originated and that postslook will not be
liable for any errors or omissions in any such content. You understand that postslook cannot
guarantee
the identity of any other users with whom you may interact in the course of using the Services.
Additionally, postslook cannot guarantee the authenticity of any data, which users may provide
about
themselves. You acknowledge that all Content and User Submissions accessed by you using the Services
is
at your own risk and you will be solely responsible for any damage or loss to any party resulting
therefrom.
Party A should accurately fill in the relevant information required for commission withdrawal. If
Party
B’s payment to Party A failed due to incorrect information provided by Party A, the consequences or
fees, including but not limited to failure to withdraw commissions, bank charges incurred from
bounced
payment or rescheduling of new payment, shall be borne by Party A. In addition, Party B has the
right to
directly deduct the above fees from the commissions when Party A applies for the next withdrawal.
• CONTENT
Copyrights. All materials displayed or performed on the Services, or
which
may be made available for your download (including, but not limited to text, blogs, graphics,
articles,
photographs, images, illustrations video and User Submissions (also known as the “Content”), are
protected by copyright. You shall abide by all copyright notices, trademark rules, information, and
restrictions contained in any Content accessed through the Services, and shall not use, copy
reproduce,
modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell
or
otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by
you,
(i) without the express prior written consent of the respective owners, and (ii) in any way that
violates any third party right. The Services are protected by copyright as collective works and/or
compilations, pursuant to copyright laws, international conventions, and other intellectual property
laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce
(except
as expressly provided in this Agreement), create derivative works based on, distribute, perform,
display, or in any way exploit, any of the Content, software, materials, or Services in whole or in
part.
o Personal, Non-Commercial Use. The Services, and their Contents are intended solely for your
personal,
non-commercial use (except as specifically and expressly agreed in writing by postslook in
connection
with a specific feature of the Service only) and may only be used in accordance with the terms of
this
Agreement. You may download or copy the Content for personal, non-commercial use only, provided that
you
maintain all copyright and other notices contained in such Content. You shall not copy or store any
Content except for personal, non-commercial use unless you have prior written permission from an
officer
of postslook, or from the copyright holder identified in such Content’s copyright notice. You shall
not
store any significant portion of any Content in any form.
o Guidelines for Posting and/or Viewing. Without limiting the other terms and conditions in
this
Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing User
Submissions and other Content on or through the Services:
Any comment made using your identity or screen name will be deemed to have been posted by
you.
Keep all comments relevant and “on topic” to the particular Service posting that is open for
comments.
You shall not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive
or
sexually explicit material.
You shall not make false or misleading statements.
You shall not offer to sell or buy any product or service, or post links to third party
websites,
without prior written permission from postslook in connection with a feature of the Services.
You shall not post material that infringes the intellectual property rights or other
proprietary
rights, or rights of publicity or privacy, of any third party.
You shall not post information that is confidential or sensitive.
You shall not post any content that objectionable or illegal (as described below), or could
create a
risk of harm, loss or damage of any kind.
You are solely responsible for the content that you post on or through the Services, any material or
information that you transmit to other users and for any interactions with other users.
o Objectionable or Illegal Content. You agree that you will not use the Services to send or
post Content
of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening,
harmful,
vulgar, obscene, profane (unless such use is warranted within the topic area of a particular message
board, as determined by postslook in its sole discretion), racially offensive, inaccurate, or
otherwise
objectionable material or that encourages conduct that could constitute a criminal offense, give
rise to
civil liability or otherwise violate any applicable local, state, federal or international law or
regulation. You agree not to use the Services to distribute or send any illegal Content of any kind.
Posting illegal Content or participating in any form of discussion with the intention to commit any
illegal activity is strictly prohibited.
o Links. If you link to the Services, postslook may revoke your right to so link at any time,
at
postslook’ sole discretion. postslook reserves the right to require prior written consent before
linking
to the Services.
o Company’s Right to Monitor. postslook has no obligation and assumes no responsibility for
monitoring
the Services or User Submission for inappropriate Content or conduct of its users. However,
postslook
reserves the right to monitor, block or remove Content (including disabling access to User
Submissions
that you have downloaded through the Service) for any or no reason without notice to you. If
postslook
chooses, in its sole discretion, to monitor the Services, postslook assumes no responsibility for
the
Content, no obligation to modify or remove any inappropriate Content and no responsibility for the
conduct of the user submitting any such Content.
o Company’s Right to Remove Content. postslook reserves the right to remove any Content from
the
Services at any time, for any reason or no reason in its sole discretion.
o No Endorsement. You acknowledge that postslook does not endorse or guarantee any user blogs,
video, or
other User Submissions and you may not state or imply any such endorsement or guarantee.
• EMOTICODE
We may make available a Service to allow you to encode a link or URL
(“Link”)
as a digital-icon image consisting of a combination of multiple emoji unicode characters and
alpha-numeric values (“Emoticode”) and publish your content containing an Emoticode on a website,
blog,
application, or social media account (“Emoticode-enabled Content”). The Emoticode may appear
different
on your screen depending on the emoji unicode characters on your device. If you are a viewer of an
Emoticode-enabled Content, you may capture the Emoticode by saving a screenshot on your device and
use
the Services to locate and identify the digital-icon based URL in order to be directed to the Link.
You may use Emoticode only for personal, non-commercial purposes, subject to your compliance with
these
Terms of Service, unless otherwise authorized by postslook in writing. Please contact us at
[email protected] if you would like to use
Emoticode for your business.
All Links are subject to review and approval by postslook in its discretion at any time and shall
comply
with any use guidelines that may be provided by the postslook from time to time. If the postslook
issues
placement and use guidelines, we will do so by posting a notice on www.emoticode.com or notifying
you
via email or postal mail. All such guidelines are incorporated into these Terms of Service.
You are strictly prohibited from using Emoticode with Links of third-party affiliate programs or to
encode Links enabled by a third-party affiliates to products. If we suspect or discover that you are
using the Services with third-party unauthorized Links, you agree that we may remove or revise the
Links
in our discretion at any time with or without notice. Any non-compliance may result in suspension
and/or
termination of your account.
• POSTSLOOK’ INTELLECTUAL PROPERTY AND LIMITED LICENSES
The technology and the software underlying our Services is the exclusive
property of postslook. Subject to your compliance with this Agreement, postslook grants you a
limited,
non-exclusive, non-transferable, non-sublicenseable, revocable license to access and make personal
and
non-commercial use of the Services, and any software underlying our Services solely to use the
Services,
as provided by postslook in accordance with this Agreement. This license does not include any resale
or
commercial use of any Services or any Content. You shall not copy, modify, rent, lease, loan, sell,
assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right
to
the technology or software underlying our Services. You agree not to use modified versions of any
software underlying our Service, including without limitation, for the purpose of obtaining
unauthorized
access to our sites or applications. You may not use any of our Services for any illegal purpose.
All rights in the product names, company names, trade names, logos, service marks, trade dress,
slogans,
product packaging, and designs of postslook, its affiliates, or third-party products or services,
whether or not appearing with a trademark symbol, belong exclusively to postslook or their
respective
owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses
under
national and international trademark and copyright laws. The use or misuse of these trademarks or
any
materials containing the trademarks, except as permitted herein, is expressly prohibited, and
nothing
stated or implied on the Services confers on you any license or right under any patent or trademark
of
postslook, its affiliates, or any third party.
• YOUR REPRESENTATIONS AND WARRANTIES
You warrant, represent and agree that you will not use the Services or
contribute any User Submissions (including, without limitation, anything in connection with your
blog(s)) in a manner that (i) infringes or violates the intellectual property rights or proprietary
rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any
law,
statute, rule, ordinance or regulation; (iii) violates any other agreement you have with, or any
obligations to, any third party; (iv) is harmful, fraudulent, deceptive, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (v)
misrepresents the source or identity of any content; (vi) involves commercial activities and/or
sales
without postslook’ prior written consent such as contests, sweepstakes, barter, advertising, or
pyramid
schemes; (vii) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or
other
harmful content or code; or (viii) impersonates, or falsely indicates an affiliation with, any
person or
entity, including, without limitation, any employee or representative of postslook.
• RESTRICTIONS AND OTHER PROHIBITED ACTIVITIES
You shall not (i) conduct any fraudulent, abusive, or otherwise illegal
activity; (ii) post or transmit, or cause to be posted or transmitted, any communication or
solicitation
designed or intended to obtain password, account, or private information from any postslook user;
(iii)
use the Services to violate the security of any computer network, crack passwords or security
encryption
codes, transfer or store illegal material including that are deemed threatening or obscene; (iv)
engage
in any kind of illegal activity; (v) run Maillist, Listserv, any form of auto-responder, or “spam”
on
the Services, or any processes that run or are activated while you are not logged on to the Services
or
that otherwise interfere with the proper working of or place an unreasonable load on the Services
infrastructure; (vi) use the manual or automated software, devices, or other processes to “crawl” or
“spider” any page or Content of the Services; (vii) decompile, reverse engineer, or otherwise
attempt to
obtain the source code of the Services; (viii) remove, obscure, or alter any notices or links (e.g.,
links to postslook’ Privacy Policy and Terms of Service) on the Services or any of the features or
tools
or other Services; (ix) access, display, distribute or otherwise exploit any Content through any
technology or means.
Any violation of the above may be grounds for termination of your right to access or use the
Services.
postslook reserves the right to take appropriate legal action, including, without limitation,
referral
to law enforcement, for any use that postslook deems in its sole discretion to be an illegal or
unauthorized use of the Services. postslook will cooperate fully with any law enforcement officials
and/or agencies in the investigation of any person(s) who violate the terms of this Agreement.
• YOUR OTHER OBLIGATIONS
You are responsible for all of your activity in connection with the
Services.
You shall be responsible for (i) obtaining and maintaining any equipment or ancillary services
needed to
connect to, access or otherwise use the Services, including, without limitation, modems, hardware,
software, and long distance or local telephone service; (ii) ensuring that such equipment or
ancillary
services are compatible with the Services; (iii) taking all precautions necessary and/or reasonable
to
protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and
other
harmful content and code.
You are be responsible for withholding, filing, and reporting all taxes duties and other
governmental
assessments associated with your activity in connection with the use of the Services.
• INTERNATIONAL USE; EXPORT CONTROLS
The Services are offered by postslook from its facilities in China.
postslook
makes no representations that the Services are appropriate or available for use in other locations.
Users who access or use the Services from other jurisdictions do so at their own volition and are
responsible for compliance with local laws. Software available in connection with the Services and
the
transmission of applicable data, if any, is subject to China export control laws. No software may be
downloaded from the Services or otherwise exported or re-exported in violation of the export control
laws of China.
• DISCLAIMER OF WARRANTIES
THE SERVICES, CONTENT, AND PRODUCTS PURCHASED OR OTHERWISE OBTAINED
THROUGH
THE POSTSLOOK WEBSITES, APPLICATIONS AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF
CONTENT,
NON-INFRINGEMENT, THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE
SERVICES, OR
THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE
FOREGOING LIMITATIONS MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF NEW JERSEY OR ANOTHER STATE
WHICH
DOES NOT ALLOW SUCH LIMITATIONS.
Without limiting the generality of the foregoing, postslook makes no representations or warranties
regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions
or
recommendations of services or products offered or purchased through the Services (including,
without
limitation, the actual size, quality, color, texture, or results of use of such products or
services).
postslook displays suggested retail prices for goods offered on postslook.com based on pricing
information provided by vendors, retailers and manufacturers, and we make no promises about the
reliability or accuracy of any such information listed on the postslook website. Products and
services
purchased (whether or not following such recommendations and suggestions) are provided “AS IS”
without
any warranty of any kind from postslook or others unless, with respect to others (only), otherwise
made
expressly and unambiguously in writing by a designated third party for a specific product.
The Services may contain, or direct you to websites containing, information that some people may
find
offensive or inappropriate. postslook makes no representations concerning any Content contained in
or
accessed through the Services, and postslook will not be responsible or liable for the accuracy,
copyright compliance, legality or decency of material contained in or accessed through the Services.
Under no circumstances will postslook 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 in connection
with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made
available via the Services.
postslook has no special relationship with or fiduciary duty to you. You acknowledge that postslook
has
no control over, and no duty to take any action regarding: which users gain access to the Services;
what
Content you access via the Services (including, without limitation, viruses, malware, harmful code
and
user generated content); what effects the Content may have on you; how you may interpret or use the
Content; or what actions you may take as a result of having been exposed to the Content.
• PRIVACY
For information regarding postslook’ treatment of personal information,
please
review our current Privacy Policy at
https://postslook.com/privacy.html,
which
is hereby incorporated into this Agreement by reference; any use of our Services constitutes your
acceptance and agreement to be bounded by our Privacy Policy.
• ELECTRONIC COMMUNICATIONS
When you use our Services, or send emails to us, you are communicating
with us
electronically. You agree that we may communicate with you electronically. Such electronic
communications may consist of e-mail, notices posted on our Services, "push" mobile notification,
and
other communications. You agree that all agreements, notices, disclosures, and other communications
we
send to you electronically will satisfy any requirement that such communication be in writing and,
to
the extent intended, such communication will be an enforceable and binding term or amendment to this
Agreement.
• INDEMNITY
You agree to indemnify and hold postslook, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand (including, without
limitation,
from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due
to or
arising out of your access to the Services, use of the Services, the violation of this Agreement by
you,
or the infringement by you, or any third party using your account, of any intellectual property or
other
right of any person or entity.
• GDPR
Rights Applicable to EU Users
Consent: We will rely on your consent to use (i) technical information
such as
cookie data and geolocation data; and (ii) your Personal Information for marketing purposes. You may
withdraw your consent at any time by contacting us using the information at the end of this Privacy
Policy or by following an unsubscribe link in any marketing communication you receive from us. If
you
are subject to EU law, you may ask us to: See what Personal Information we hold about you; Erase
your
Personal Information; Port your Personal Information; Restrict our use of your Personal Information.
If
you are not subject to EU law, these rights do not apply to you. You can block/remove partner's (aka
advertiser's) cookies by
http://optout.aboutads.info (DAA)
• LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL
postslook
OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH
RESPECT
TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT
LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE
GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF
SUBSTITUTE
GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND POSTSLOOK REASONABLE CONTROL. BECAUSE SOME
JURISDICTIONS. IN SOME CIRCUMSTANCES, POSTSLOOK MAY BE LIABLE FOR ITS OWN NEGLIGENCE, RECKLESSNESS
OR
INTENTIONAL MISCONDUCT.
• FEES AND PAYMENT
postslook reserves the right to require payment of fees for certain or all
Services. You shall pay all applicable fees, as described on the Services in connection with such
Services selected by you. postslook reserves the right to change its price list and to institute new
charges at any time, upon notice to you, which may be posted on our websites, sent by via email or
postal mail. Use of the Services by you following such notification constitutes your acceptance of
any
new or increased charges. To the fullest extent allowed by applicable law, all fees paid hereunder
are
non-refundable unless otherwise permitted by this Agreement.
• INTERACTION WITH THIRD PARTIES
The Services may contain links to third party websites that are not owned
or
controlled by postslook, or that may be accessible by logging in through a third party website, as
described more fully in our Privacy Policy. You hereby represent and warrant that you have read and
agree to be bounded by all applicable policies of any third party website relating to your use of
the
Services and that you will act in accordance with those policies, in addition to your obligations
under
this Agreement. postslook has no control over, and assumes no responsibility for, the content,
accuracy,
privacy policies, or practices of, or opinions expressed in any third party websites. In addition,
postslook will not and cannot monitor, verify, censor or edit the content of any third party site.
By
using the Services, you expressly relieve and hold harmless postslook from any and all liability
arising
from your use of any third party website.
Your interactions with organizations and/or individuals found on or through the Service (including
without limitation postslook retail partners), including payment and delivery of goods or services,
and
any other terms, conditions, warranties or representations associated with such dealings, are solely
between you and such organizations and/or individuals. You should make whatever investigation you
feel
necessary or appropriate before proceeding with any online or offline transaction with any of these
third parties. You agree that postslook shall not be responsible or liable for any loss or damage of
any
sort incurred as the result of any such dealings. If there is a dispute between participants on this
site, or between users and any third party, you understand and agree that postslook is under no
obligation to become involved.
• RELEASE OF CLAIMS
You hereby release postslook, its officers, employees, agents and
successors
in rights from claims, demands and damages (actual and consequential) of every kind or nature, known
or
unknown, suspected or unsuspected, disclosed or undisclosed, arising out of (i) having acquired or
not
acquired any Content through the Services, or (ii) any disputes with any third party and our
Services.
• MODIFICATION AND TERMINATION
postslook reserves the right to modify, discontinue, terminate or suspend
any
and all Services without prior notice. This Agreement shall remain in full force and effect while
you
use any part of the Services. You may terminate your use of the Services or your membership at any
time
by following the instructions on the Services.
postslook may terminate or suspend your access to
the
Services (and/or any feature thereof) or your membership at any time, for any reason, and without
warning, which may result in the forfeiture and destruction of all information associated with your
membership. Upon termination of your account, your right to access and use the Services and any
Content
will immediately cease.
• WAIVER AND SEVERABILITY
The failure of either party to exercise in any respect any right provided
for
herein shall not be deemed a waiver of any further rights hereunder. postslook shall not be liable
for
any failure to perform its obligations hereunder where such failure results from any cause beyond
postslook’ reasonable control, including, without limitation, mechanical, electronic or
communications
failure or degradation (including “line-noise” interference). If any provision of this Agreement is
found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum
extent necessary so that this Agreement shall otherwise remain in full force and effect and
enforceable.
• ENTIRE AGREEMENT
You and postslook agree that this Agreement (including any terms or
policies
expressly incorporated herein) is the complete and exclusive statement of the mutual understanding
of
the parties and supersedes and cancels all previous written and oral agreements, communications and
other understandings relating to the subject matter of this Agreement, and that all modifications
must
be in a writing signed by both parties, except as otherwise provided herein.
• NO AGENCY; NO ASSIGNMENT
This Agreement is not assignable, transferable or sublicensable by you
except
with postslook’ prior written consent. postslook may transfer, assign or delegate this Agreement and
its
rights and obligations without consent. Headings for each section have been included for your
convenience, but such headings do not have any legal meaning, and may not accurately reflect the
content
of the provisions they precede. No agency, partnership, joint venture, or employment is created as a
result of this Agreement and you do not have any authority of any kind to bind postslook in any
respect
whatsoever.
• SURVIVAL
All provisions of this Agreement which by their nature are intended to
survive
performance hereof by you or postslook, including, without limitation, ownership provisions,
warranty
disclaimers, and limitations of liability, shall survive the completion of the performance,
cancellation
or termination of this Agreement.
• COPYRIGHT DISPUTE POLICY
o postslook’S General Policy. postslook has adopted the following
general
policy toward copyright infringement in accordance with the Digital Millennium Copyright Act
(“DMCA”)
(posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of postslook’ Designated
Agent
to Receive Notification of Claimed Infringement (“Designated Agent”) Shanghai Xuhui District Gumei
Road
No. 1528 two floor B block 3 is listed at the end of this Section. It is postslook’ policy to (1)
block
access to or remove material that it believes in good faith to be copyrighted material that has been
illegally copied and distributed by any of our advertisers, affiliates, content providers, members
or
users; (2) notify the content provider, member or user that it has removed or disabled access to the
material; and (3) remove and discontinue access by and service to repeat offenders.
o Procedure
for
Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services infringes
a
copyright, please send a notice of copyright infringement containing the following information to
the
Designated Agent listed below:
♣ A physical or electronic signature of a person authorized to act on behalf of the owner of the
copyright that has been allegedly infringed;
♣ Identification of works or materials being infringed;
♣ Identification of the material that is claimed to be infringing including information regarding
the
location of the infringing materials that the copyright owner seeks to have removed, with sufficient
detail so that postslook is capable of finding and verifying its existence;
♣ Contact information about the notifier including address, telephone number and, if available,
email
address;
♣ A statement that the notifier has a good faith belief that the material identified in (3) is not
authorized by the copyright owner, its agent, or the law; and
♣ A statement made under penalty of perjury that the information provided is accurate and the
notifying
party is authorized to make the complaint on behalf of the copyright owner.
o Procedure to
Supply a
Counter-Notice to the Designated Agent:
If the content provider, member or user believes that
the
material that was removed or to which access was disabled is either not infringing, or the content
provider, member or user believes that it has the right to post and use such material from the
copyright
owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user
must
send a counter-notice containing the following information to the Designated Agent listed below:
♣ A physical or electronic signature of the content provider, member or user;
♣ Identification of the material that has been removed or to which access has been disabled and
the
location at which the material appeared before it was removed or disabled;
♣ A statement that the content provider, member or user has a good faith belief that the material
was
removed or disabled as a result of mistake or a misidentification of the material; and
♣ Content provider’s, member’s or user’s name, address, telephone number, and, if available, email
address and a statement that such person or entity consents to the jurisdiction of the Federal Court
for
the judicial district in which the content provider’s, member’s or user’s address is located, or if
the
content provider’s, member’s or user’s address is located outside the United States, for any
judicial
district in which postslook is located, and that such person or entity will accept service of
process
from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, postslook may send a copy of the
counter-notice to the original complaining party informing that person that postslook may replace
the
removed material or cease disabling it in 10 business days. Unless the copyright owner files an
action
seeking a court order against the content provider, member or user, the removed material may be
replaced
or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at
postslook’ discretion.
• QUESTIONS
If you have any questions or notices of violation of this Agreement, please contact us at
[email protected], or by mail to postslook.
Addendum-California Consumer Privacy Act of 2018 (CCPA)
The below companies may collect personal information when you interact with our digital
property,
including IP addresses, digital identifiers, information about your web browsing and app usage
and
how you interact with our properties and ads for a variety of purposes, such as personalization
of
offers or advertisements, analytics about how you engage with websites or ads, and other
commercial
purposes. For more information about the collection, use and sale of your personal data and your
rights, please use the below links.
Company
|
Link to privacy policy/rights
|
Your Rights
|
Rakuten Marketing
|
|
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