Terms of Use

By using Post Intelligence at http://postintelligence.ai (the "Service"), a service of Post Intelligence Inc., you accept the following Terms and Conditions of Service (the "Terms"), as well as the Privacy Policy located at postintelligence.ai/privacy. In case of inconsistency between the Terms and the Privacy Policy, these Terms shall prevail.

ELIGIBILITY

By using the service, you affirm that you are 18 years of age or older, and are competent to enter into the terms, conditions and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such an event, “you” and “your” will refer and apply to that company or other legal entity. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such an event, “you” and “your” will refer and apply to that company or other legal entity. You also affirm that you are over the age of 13, as the Service is not intended for individuals under the age of 13.

USER REGISTRATION OBLIGATIONS

You agree that any and all information provided during the registration process ("Registration Data") is true, accurate, up to date and complete. You also agree to update and maintain Registration Data so that it is true, accurate, up-to-date and complete. Post Intelligence reserves the right to suspend or terminate your account, in whole or in part, or prohibit your further use of the Service, at any time for any reason or no reason.

If your account is disabled, you will not create another one without express written permission from Post Intelligence.

You will not use Post Intelligence if you are under 13.

You will not do anything that may jeopardize the security of your account.

You will not post content or take any action on Post Intelligence that violates someone else’s rights or is against the law.

You will not post anyone’s identification documents or sensitive financial information using Post Intelligence.

You agree and affirm that you are solely responsible for maintaining the confidentiality of your password and information associated with your account that you desire to remain confidential. You are also solely responsible for any and all activities that may take place, or occur under your account.

CONTENT

You will be solely responsible for, without limitation: all content, information, URLs, editorial, text, graphic, audiovisual, and any other information you enter into the Service, whether generated by or for you.

You grant Post Intelligence permission to utilize a crawl on your website properties that may ignore robots.txt files.

THIRD-PARTY WEBSITES

The Service may contain links to third-party websites that are not owned by Post Intelligence. Post Intelligence has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Post Intelligence will not and cannot censor or edit the content of any third-party site. By using the Service you expressly release Post Intelligence from any and all liability arising from your use of any third-party website, service or entity.

COPYRIGHT

Post Intelligence retains exclusive copyright and all other rights to Content it makes available via the Service, not including User-Uploaded Content.

By uploading Content to the Service you grant Post Intelligence a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right to use, reproduce, modify, distribute, sublicense, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, prepare derivative works of and otherwise exploit content uploaded to the service in any format or medium now known or later developed, subject to these Terms of Service and our privacy policy. You represent and warrant that you have sufficient rights to grant this license.

Post Intelligence will review all claims of copyright infringement received and remove Content Post Intelligence deems to have been posted or distributed in violation of any such laws.

YOUR CONDUCT AND CONTENT

As a user of the Service you may upload, submit or create content to the service including text, images, and video. You understand that Post Intelligence does not guarantee any confidentiality with respect to the Content you submit.

You (the user) shall be solely responsible for the Content submitted to the Service by you or on your behalf. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to the Service all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms.

You further agree that Content submitted by you or on your behalf to the Service will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or are otherwise legally entitled to post the material and to grant the Service all relevant licenses and permissions.

The Service does not endorse any content submitted to the Service by any user or any other licensor, or any opinion, recommendation, or advice expressed therein, and the Service expressly disclaims any and all liability in connection with content posted to the Service.

The Service does not permit copyright infringing activities of any kind including infringement of intellectual property rights on the Service, and the Service will remove all content if and when the Service is properly notified that infringing content exists on the Service.

The Service reserves the right to remove any content at any time without prior notice

NOTICES FROM Post Intelligence

From time to time, the Service may send notices to you via email or regular mail, or display notices or links to notices on the Service. We encourage you to read these notices and check for them on a regular basis, because these notices will apply to you and your account immediately upon posting, whether or not you actually review them.

We are continuously developing the features and functionality of the Service. Consequently, we reserve the right to modify these terms of service at any time at our sole discretion. You agree to be bound to such alterations when you use the Service or its partner websites and the alterations shall be effective at the time of posting on the Service.

It is important that you review these Terms of Service regularly to ensure you are updated on any modifications to these terms. If you are dissatisfied with or do not agree to abide by any altered Terms of Service, your sole remedy should be to close your account and discontinue use of the Service.

DISCLAIMERS

THE SERVICE AND THE SOFTWARE ARE MADE AVAILABLE TO YOU FOR YOUR CONVENIENCE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR WARRANTIES (INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, RELIABILITY OR NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OR THE CONTENTS OF THE SERVICE OR THE SOFTWARE. The Service does not warrant or represent that the Software will be free of all viruses. You understand that the Service and the Software are still alpha/beta versions, may add or remove features without notice, may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software "bugs" and may have other issues affecting availability and functionality. In addition to all other disclaimers and limitations of liability contained in these Terms, you specifically agree that the Service is not liable for any of the above issues. Moreover, you understand that the Service does not warrant or represent that the Service and/or the Software will work on all mobile phones, will be compatible with all mobile phone networks and/or will be available in all geographical areas.

INDEMNITY

You agree to indemnify and hold harmless the Service, its affiliates, officers, agents, partners, and employees from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to the content you upload, your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

You will indemnify and hold the Service harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claims arising from claims brought against you, or claims you have brought against others arising from the use of the Service. Although we provide rules for user conduct, we do not control or direct users' actions and are not responsible for the content or information users transmit or share on the Service. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on the Service. We are not responsible for the conduct, whether online or offline, of any user of the Service.

LIMITATION OF LIABILITY

THE SERVICE SHALL NOT BE LIABLE IN ANY EVENT FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE SOFTWARE, OR THE RESULTS OR THE CONTENTS THEREOF, TO THE GREATEST EXTENT PERMITTED BY LAW. NOR SHALL THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF POST INTELLIGENCE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESUTING FROM ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, 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 SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

FURTHER, YOU SPECIFICALLY ACKNOWLEDGE THAT THE SERVICE WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY 3RD PARTY ON THE SERVICE AND THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.

IF YOU ARE DISSATISFIED WITH THE SERVICE OR THE SOFTWARE, OR HAVE ANY OTHER DISPUTES OR CLAIMS WITH OR AGAINST POST INTELLIGENCE WITH RESPECT TO THE SERVICE OR THE SOFTWARE OR THESE TERMS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

THE SERVICE SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES REGARDLESS OF THE TYPE OF CLAIM (E.G. PRODUCT LIABILITY, EMOTIONAL DISTRESS, ETC.).

ANY DIRECT DAMAGES AWARDED SHALL NOT EXCEED THE AMOUNT OF FEES PAID TO THE SERVICE, OR $100 IF NO FEES HAVE BEEN PAID. THE SERVICE IS CONTROLLED AND OFFERED BY POST INTELLIGENCE FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. NO PART OF THE SERVICE SHALL BE CONSTRUED TO REPRESENT THAT THE SERVICE IS APPROPRIATE OR AVAILABLE IN OTHER JURISDICTIONS AND USERS WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LOCAL LAW.

GENERAL

You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Post Intelligence or its parent company. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and the Service that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California. These Terms of Service, together with the Privacy Notice at postintelligence.ai/privacy and any other legal notices published by Post Intelligence on the Service, shall constitute the entire agreement between you and Post Intelligence concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Post Intelligence’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Post Intelligence reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND POST INTELLIGENCE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last modified: April 26 2016.