Please Read These Terms Carefully Before Using this Service
- ACCEPTANCE OF TERMS
Postwaves offers this platform to enable you to communicate with other users about anything you want on any topic. Your use is conditional on your acceptance without modification, of the Terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that are published on this Site by Postwaves (collectively, the “Terms and Conditions”). The following Terms govern your access to and use of our Service and supersede all prior or contemporaneous agreements between you and us. Your subscription and use of the Service constitutes your agreement to all such Terms. These Terms may be updated by us from time to time with prior notice to you.
The words “use” or “using” in this Agreement, means any time a User (a person visiting/using the content/service of the site), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from Postwaves Services (see clause 2 below), transmit, receive or exchange data or communicate with Postwaves Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of Postwaves Services, for any purpose whatsoever.
Unless explicitly stated otherwise, the Terms will govern the use of any new features that augment or enhance the current Services, including the release of new Postwaves resources and services.
- THE SERVICE
The Postwaves website including all content (“Content”) available through the Postwaves domain name, (the “Site”) is owned and operated by Allowtech,Inc.
Postwaves is an online platform that allows you to meet and communicate with other users about anything on any topic you want. It is a place for your reference. Postwaves is not a market place. You will be solely responsible for any transaction undertaken using Postwaves. Hence, please use your own judgment for undertaking any transaction.
You also understand and agree that Postwaves Services may include advertisements. You also understand and agree that the Services may include certain communications from Postwaves, such as service announcements, administrative messages and updates.
This is a beta version and rolling new features might impact the service and reliability of the website. From time to time, we may restrict access to some parts of the website, or the entire website, to users, including registered users.
- REGISTRATION & ACCOUNTS
Any User can browse some of the content of this site without registering. However, to access services/ participate on Postwaves you must register as a User and have an “Account”. with your own user name and password. When you register, you agree to provide true, accurate and complete information. You agree to update this information as and when changes occur.
When a User registers an Account, the User will be asked to enter its e-mail, and choose a Username and password for the Account. You can also sign up with Twitter. When you sign up with twitter your Username will be your twitter name. As a User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the Username and password you use to access this Site.
Each User represents, warrants, and agrees to grant access to the Account only to Users authorized to act on behalf of the User and only in accordance with this Agreement. The User agrees to be fully responsible and liable for any action using User’s Account. Postwaves will assume that any person using the Site with your Username and password is authorized to act on your behalf.
Your Postwave Account is not transferable, and any transfer or attempted transfer to another party is null and void. You may not license, transfer, sell or assign your Account without our approval.
Postwaves is not meant for use of children below 13 years of age. Postwaves does not knowingly collect any personal information from such people. If you know that a user under the age of 13 is accessing Postwaves, please contact us or send email to firstname.lastname@example.org.
Postwaves is in private beta version stage, meaning you can only access with a login account that we provide you, and also that a lot will change in the near future.
Postwaves content comprises graphics, text, photographs, images, video, audio, software, code, website compilation, and advertisements supplied by us or our licensors. All such content is protected by Intellectual Property Laws and Copyright Laws concerned. You can only use the content as per the terms herein.
User Content refers to content or information that you submit to Postwaves. You retain the Intellectual Property Right or Copyright to your Content. By submitting user content to Postwaves, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so. You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party. We do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you
Postwaves reserves the right to modify or discontinue – any of the provisions of this Agreement, all or part of the Service, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Service. The amended Terms of Service of this agreement shall be effective immediately after they are initially posted on the Site. Your continued use of the Service after the posting of the amended Terms on the Site constitutes Your affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. You acknowledge and agree that Postwaves shall not be liable to You or any third party in the event that Postwaves exercises its right to modify or discontinue all or part of the Service. You are responsible for being familiar with any changes or modifications to these Terms and Conditions. You can review the most current version of the Terms at any time at: blog.postwaves.com/terms.
By electing to use these services; (a) you warrant that all information you submit is current, true and accurate; (b) you agree to update this information; (c) you agree not to use the Services for any unlawful purpose.
You confirm that you are of legal age (as defined by the laws of your country) to use the services. You also represent that you are not a person barred from using the Services under the laws of your country or other applicable jurisdiction. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Postwaves has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Postwaves has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
- COPYRIGHT, DMCA AND TAKEDOWN
Notification of Copyright Infringement
postwaves.com respects your Intellectual Property Rights and has a policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 1998, available on http://www.copyright.gov/legislation/dmca.pdf. If you are a copyright owner or an agent thereof, and you believe that any content hosted on our website postwaves.com infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) through mail or email, by providing postwaves.com‘s Designated Copyright Agent (details mentioned below), with the following information in writing. If Postwaves is convinced about the violation, it will promptly take appropriate action by disabling the access to such material or remove it and also termination of the membership of those Users without notice if they are found to be “repeat infringers.”
- Identification of the copyrighted work you claim to have been infringed, or, if multiple copyrighted works on postwaves.com are covered by a single notification, a list of such works.
- Identification of the material you claim 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 us to locate the material. Please provide URLs to help us locate content quickly.
- Sufficient information to enable us to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement as follows: “I hereby state that I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”.
- Another statement: “I hereby state that the information in the notification is accurate, and under penalty of perjury, that I am the owner/ authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.
- Your physical or electronic signature.
- Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you are the owner of the allegedly infringed material and if you elect to send us a counter notice; in order to enable us to take cognizance of your notification, it must be in writing and must include the following:
- A physical or electronic signature of the member.
- 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 access to it was disabled.
- A statement under penalty of perjury as follows: “I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
- Another statement: “I consent to the jurisdiction of the Courts for the judicial district ________________, or (if the subscriber’s address is outside of the United States) courts located at ____________ in which www.postwaves.com may be accessed, and that the subscriber will accept service of process from the person who provided notification or an agent of such person”.
- The member’s name, address, and telephone number.
- Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
You can send your notifications and counter-notifications of claimed infringement to email@example.com
We will check all notifications and counter-notifications on a weekly basis and initiate appropriate action.
You acknowledge that if you fail to comply with all of the requirements, your DMCA notification may not be valid.
We respect your privacy and the use and protection of your Personal Information. Postwaves collects your name, e-mail address, etc when you subscribe for our service. Such information collected by us about you will be treated as confidential and will not be shared with or sold to any third party.
- CONDUCT/LAWFUL USE
You agree that use of the site is subject to all applicable International, National, State, and Local laws and regulations. You agree to abide by these laws and are solely responsible for the content of your communications through the Service. You agree to use Postwaves for lawful purposes only.
- not to use Postwaves for illegal purposes;
- not to interfere or disrupt networks connected to the Postwaves, introduce malicious codes;
- c. to comply with all regulations, policies and procedures of networks connected to Postwaves;
- not to resell or transfer your access to the service to any third party;
- not to restrict any other visitor from using the service, or make it difficult to use the service;
- to act responsibly, treat other website Users with respect and not violate their rights, delete or edit the content posted by them on Postwaves;
- not to modify, adapt, sublicense, translate, sell, reproduce, make unauthorized commercial use, distribute copies or publicly display any portion of the Service or any part of the Website content except as permitted;
- not to harvest or collect information about Customers of the service without their express consent;
- not to solicit personal information from any one under the age of 18;
- not to post any graphics, text, photographs, images, video, audio or other material that we deem to be junk or spam;
- not to manipulate votes or Postwave systems or assist anyone in misusing Postwave in any way.
In case of any violation of these Terms, Postwaves reserves the right to suspend/terminate your account, remove all your content, seek all remedies available by law and in equity for such violations.
You are allowed to publicly talk and write about Postwaves website, albeit acknowledging that the service and the website are in beta and everything is subject to change. For this reason, we kindly ask you to restrain from publishing full reviews, public tests, screenshots or anything else that might unfaithfully represent Postwaves.
- LIMITATION OF LIABILITY
As a condition of use of the Service, and in consideration of the services provided by Postwaves, You agrees that neither Postwaves, nor any officer, affiliate, director, shareholder, agent, contractor or employee of Postwaves will be liable to You or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from any services purchased or obtained or transactions entered into through the site or resulting from unauthorized access to, deletion or alteration of your transmissions or data or failure of the site to store your transmissions or data, or otherwise arising in connection with the Service, Site or Content even if Postwaves has been advised of the possibility of such damages.
You specifically acknowledge that Postwaves shall not be liable for your submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Since Postwaves website is in beta testing stage, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
Postwaves makes no representations that the Postwaves Site is appropriate or available for use in other locations. Those who access or use the Postwaves Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Postwaves may provide links to third party websites as well as advertisements posted by Users. Postwaves does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Postwaves site or any hyperlinked site or featured in any banner or other advertising. These third party sites have their own privacy policies. We encourage you to review the privacy policies of websites you choose to link to from Postwaves.com so that you can understand how those websites collect, use and share your information. Postwaves.com is not responsible for the privacy policies or other content on websites outside of Postwaves.com. As a provider of online services, Postwaves is not liable for any statements, representations or content provided by its Users in any public/private forum, blog or other interactive area, even if Postwaves has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
- DISCLAIMER/NO WARRANTY
Postwaves is intended to be a place for your reference. We are not responsible for any decisions you make based on something you read on Postwaves. Postwaves service is provided on an “as is” basis without any express or implied warranty of any kind including warranties of merchantability, or non-infringement of intellectual property. In no event shall Postwaves be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the materials; any unauthorized access to or use of our secure servers and/or; any and all personal information and/or financial information stored therein; any bugs, viruses, trojan horses, or the like which may be transmitted to or through our site by any Customer or other third party, and/or; 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 Postwaves site.
Postwaves further does not warrant that its service will be secure or uninterrupted; the information, text, graphics, links or other items contained within these materials will be accurate and complete. Postwaves may make changes to these materials at any time without notice. Postwaves makes no commitment to update the Materials. No oral advice or written information given by Postwaves, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice.
Postwaves is not responsible for any problems or technical malfunction of any communication network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Postwaves Services or combination thereof, including any injury or damage to You or to any person’s computer related to or resulting from participation or downloading materials (for the purpose of viewing only), in connection with the Postwaves Services.
This is a beta version and rolling new features might impact the reliability of the Website. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for any content posted by You on Postwaves website or your actions in using Postwaves. You will defend, indemnify and hold harmless Postwaves and its affiliates, directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, Customer, agents, predecessors, successors, and permitted assigns from and against any claim, suit, demand, loss, damage, expense (including reasonable attorneys’ fees and costs) or liability that may result from, arise out of or relate to: (a) acts or omissions by You arising out of or in connection with this Agreement; (b) intentional or negligent violations by You of any applicable laws or governmental regulation, (c) contractual relations between You and a third party; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright.
This indemnification obligation will survive these Terms and Conditions and your use of the Postwaves Site.
We reserve the right to terminate your right to use our Services if the information that you provided initially to register for our Services or subsequently modified, contains false or misleading information, or conceals or omits any information we would likely consider material; if we suspect that you are involved in any fraudulent transaction.
Any attempt to undermine or cause harm to Postwaves server or its customers, is strictly prohibited and will be subject to automatic account termination. This includes spamming, transmission of – malware, viruses, trojan horses; or by linking to sites and files that contain or distribute them.
Postwaves may terminate your account at any time without prior notice, if you are in breach of the terms of this Agreement.
- ENTIRE AGREEMENT/SEVERABILITY/WAIVER
This Agreement sets forth the entire agreement between you and Postwaves in respect of this site and its contents and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Postwaves’ failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns.
You affirm that you are either more than 18 years of age, 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 these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
- GOVERNING LAW
These Terms shall be governed by and construed in accordance with the Laws the State of California without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of Laws of California, the laws, rules and regulations of California shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. For resolution of any dispute, User hereby consents to submit to the personal jurisdiction and venue of the state and federal court located in Los Angeles County, California.
- CONTACT US
Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to firstname.lastname@example.org, and providing us with information relating to your concern.