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Terms and Conditions
Last updated: October 17, 2023
Acceptance of the Terms and Conditions of Website Use
The terms and conditions of website use for , its associated websites, and the Postcall email newsletter constitute a legally binding agreement between you and Zephrous Inc. ("Company," "we," "us," or "our"). These terms and conditions, together with any referenced documents and additional terms, collectively referred to as "Terms and Conditions," govern your use of, and access to, the content, features, newsletter services, e-newsletters, virtual events, and services available through or by signing up at https://readpostcall.com/ (the "Website").
By accessing the Website or signing up for the newsletter service, you agree to abide by these Terms and Conditions, as well as our Privacy Policy, found at https://readpostcall.com/privacy, which is incorporated herein by reference. If you do not agree to these Terms and Conditions or the Privacy Policy, please refrain from using the Website or its email newsletter service.
By using this Website, you confirm that you are of legal age, as defined by applicable law, to enter into a binding contract with the Company and that you meet all the eligibility requirements. If you do not meet these requirements, please do not use the Website.
By agreeing to these Terms of Service, you consent to (a) resolve any disputes with us through binding individual arbitration, waiving the right to have those disputes adjudicated by a judge or jury, and (b) waive your right to participate in class actions, class arbitrations, or representative actions. You do have the option to opt out of arbitration.
Modifications to the Terms and Conditions and the Website
We retain the right, at our sole discretion, to periodically revise and update these terms and conditions. Any such modifications are effective immediately upon being posted and are applicable to all subsequent access and use of the Website. You are responsible for regularly reviewing the terms and conditions to remain informed about any changes, and your continued use of the Website constitutes acceptance of these changes.
The information and content on this Website, as well as the Website itself, may be modified, withdrawn, or terminated at any time without prior notice at our sole discretion. We will not be held liable if, for any reason, all or any part of the Website is restricted for specific users or becomes unavailable for any duration.
Your Use of the Website, Account Set-Up, and Security
We consider the security of your personal information a top priority. To safeguard your personal information against accidental loss and unauthorized access, use, alteration, and disclosure, we employ physical, electronic, and administrative measures.
It is your responsibility to obtain your own access to the Website. If individuals accessing the Website through your internet connection are not you, you must ensure they are aware of these Terms and Conditions and that they comply with them. Some parts or content on the Website may require user registration. To use the Website, you must ensure that all information you provide is accurate, up-to-date, and complete.
Please be aware that while we make every effort to protect your personal information during transmission over the internet, we cannot guarantee its security. The transmission of personal information over the internet is never entirely secure. Therefore, any transmission of personal information is done at your own risk. We are not responsible for any breach of privacy settings or security measures on the Website.
By registering on the Website and making submissions through Interactive Functions, like applications, chat rooms, email newsletter sign-ups, message boards, personal web pages, profiles, forums, bulletin boards, and other similar functions, you are granting consent for us to take actions related to your information in accordance with our Privacy Policy, found at https://readpostcall.com/privacy.
Any information, such as a username, password, or other confidential information, whether chosen by you or provided by us as part of our security procedures, must be treated as confidential. You should not disclose this information to anyone else. It is essential to exercise caution when accessing your account from a public or shared computer to prevent others from viewing or recording your password or other personal information. If you receive an account, it is for your personal use, and you agree not to provide any other individual with access to this Website or its sections using your username, password, or other security information. Notify us immediately if you suspect unauthorized access to your username or password or any other security breach. You also must log out from your account at the end of each session. You are responsible for any misuse of your password or any unauthorized access.
We retain the right, at our discretion, to disable or terminate your account, username, password, or other identifier, whether selected by you or provided by us, for any reason or for no reason at all, including due to any violation of these Terms and Conditions.
You are prohibited from attempting to circumvent or violate the Website's security, including, but not limited to:
(a) Accessing content and data that is not intended for you. (b) Attempting to breach security and/or authentication measures without authorization. (c) Disrupting or disabling service to users, hosts, servers, or networks. (d) Illegally reproducing TCP/IP packet headers. (e) Disrupting network services or impeding the Website owner's ability to monitor the Website. (f) Using any automated device, process, or means, such as robots or spiders, to access the Website for any purpose, including monitoring or copying Website material. (g) Introducing any malicious or technologically harmful materials, such as viruses, trojan horses, worms, logic bombs, or other harmful code. (h) Launching a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing the Website. (i) Attempting to interfere with the proper functioning of the Website in any other way.
Intellectual Property Rights and Ownership
You acknowledge and agree that the Website and all its contents, features, and functionality, including but not limited to information, software, code, data, text, displays, graphics, photos, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are the property of the Company, its licensors, or other material providers and are protected under intellectual property laws, including, but not limited to, copyright, trademark, patent, trade secret, and other proprietary rights.
The Company's name, the Postcall name, associated intellectual property, Company and Postcall logos, and all related names, logos, product and service names, designs, images, and slogans are trademarks owned by the Company, its affiliates, or licensors. You must not use these marks without obtaining prior written permission from the Company. Other names, logos, product and service names, designs, images, and slogans mentioned on this Website are the trademarks of their respective owners. Unauthorized use of such property, except as expressly permitted, constitutes infringement or a violation of the owner's rights, potentially subjecting the infringer to legal action.
You are allowed to use the Website for your personal and non-commercial use only. You may not directly or indirectly reproduce, compile for internal databases, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any Website material, except in the following cases:
(a) Your computer and browser may temporarily store or cache copies of materials being accessed and viewed. (b) A reasonable number of copies for personal, non-commercial use may be printed, keeping all proprietary notices intact. This printed material must only be used for personal, non-commercial purposes. (c) Specific content may be shared on social media or other personal communication platforms using the provided sharing tools on the Website.
If you use Website content or materials in any manner that is not expressly authorized by these Terms and Conditions, you are in violation of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property laws. Your usage rights will be terminated immediately, and you must, at our discretion, return or destroy any copies of the materials you have made. Violators of our intellectual property rights may be subject to legal action.
User Contributions
We may offer various means for you to contribute content, including but not limited to text, images, videos, comments, posts, content reviews, personal profiles, and other forms of content (collectively referred to as "User Contributions"). By submitting any User Contributions on the Website or through its associated email newsletters, you grant the Company and its affiliates and service providers the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
(a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to the Company and its affiliates and service providers. (b) All of your User Contributions do and will comply with these Terms and Conditions.
You are responsible for any User Contributions you submit to the Website or through its email newsletters. You agree that your User Contributions must not:
(a) Violate copyright, patent, trademark, trade secret, or other intellectual property or other proprietary rights of any other individual. (b) Violate the legal rights of others, such as their rights to privacy and publicity. (c) Violate any applicable local, state, national, or international law or regulation. (d) Be defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. (e) Promote any illegal activity or incite hatred or discrimination against any individual or group. (f) Involve the transmission of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. (g) Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using email addresses or usernames associated with any of the above). (h) Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
We have the right to:
(a) Remove or refuse to post any User Contributions for any reason. (b) Take any action with respect to any User Contribution that we deem necessary or appropriate, including, but not limited to, disclosing your identity to any third party who claims that material posted by you violates their rights, or their right to privacy. (c) Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. (d) Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Referral Rewards
Participation in the Postcall Referral Rewards program is open to all subscribers of the Postcall newsletter.
Referrals must be made using the unique referral link provided to each subscriber. We reserve the right to cancel or withhold rewards if they believe that referred individuals may not be authentic or real people.
Referral Rewards are non-transferable, non-negotiable, and cannot be exchanged for cash or any other form of currency. We reserve the right to modify, suspend, or terminate the Referral Rewards program at any time without prior notice.
Monitoring and Enforcement
We retain the right to:
(a) Remove or refuse to post any User Contributions for any reason. (b) Take any action with respect to any User Contribution that we deem necessary or appropriate, including, but not limited to, disclosing your identity to any third party who claims that material posted by you violates their rights, or their right to privacy. (c) Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. (d) Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. We do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
No Reliance
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on these materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is reasonable and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
(a) Link from your own or certain third-party websites to certain content on this Website. (b) Send emails or other communications with certain content or links to specific content on this Website. (c) Cause limited portions of content on this Website to be displayed or appear to be displayed on your website.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide concerning such features. Subject to the foregoing, you must not:
(a) Establish a link from any website that is not owned by you. (b) Cause the Website or portions of it to be displayed on or appear to be displayed by any other site, for example, framing, deep linking, or in-line linking. (c) Link to any part of the Website other than the homepage. (d) Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions.
The website from which you are linking, or on which you make certain content accessible, must comply with the Content Standards set out in these Terms and Conditions.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in British Columbia, in Canada. We provide this Website for use only by persons located in Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
By using the Website, its content, or any services or items obtained through the Website, you acknowledge and agree that you do so at your own risk. The Website, its content, and any services or items obtained through the Website are provided "as is" and "as available," without any warranties or conditions, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. This disclaimer does not affect any warranties that cannot be excluded or limited under applicable law.
Neither the Company nor its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make any warranty, representation, or endorsement regarding the completeness, security, reliability, suitability, accuracy, currency, or availability of the Website or its contents. To further clarify, neither the Company nor its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors represent or warrant that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, or that defects will be corrected, or that our Website or the server making it available is free from viruses or other harmful components.
We cannot guarantee that files or data available for download from the Internet or the Website will be free from viruses or other destructive code. You are solely responsible for your use of the Website and for the security of your computer, internet, and data. To the fullest extent permitted by law, we shall not be liable for any loss or damage resulting from denial-of-service attacks, distributed denial-of-service attacks, overloading, flooding, mailbombing, crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful materials that may infect your computer equipment, computer programs, data, or other proprietary materials due to your use of the Website, its services, or items obtained through the Website, or your downloading of any materials posted on the Website or on any linked websites.
Limitation on Liability
Unless such exclusions are prohibited by law, the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors shall not be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, or any damages, including direct, indirect, special, incidental, consequential, or punitive damages. These damages encompass, among others, personal injury, pain and suffering, emotional distress, loss of revenue, profits, business, or anticipated savings, loss of use, goodwill, or data. These limitations apply whether the cause is tort (including negligence), breach of contract, breach of privacy, or any other cause, even if the party was allegedly advised or had reason to know.
Indemnification
To the fullest extent allowed by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney's fees). This indemnification pertains to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, or any use of the Website's content, services, or products not expressly authorized in these Terms and Conditions.
Governing Law and Choice of Forum
The Website and these Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to any choice or conflict of law provision, principle, or rule, regardless of your domicile, residence, or physical location.
Any action or proceeding arising from or relating to this Website under these Terms and Conditions shall be initiated in the courts of the Province of British Columbia and/or the Federal Court of Canada. In any such action or proceeding, each party irrevocably submits to the exclusive jurisdiction of these courts. You waive any and all objections to the exercise of jurisdiction over you by these courts and to the venue of these courts.
Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions shall operate, or be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Severability
If any term or provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement
The Terms and Conditions, Copyright Policy, and our Privacy Policy constitute the exclusive and complete agreement between you and Zephrous Inc. regarding the Website. This agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the subject matter hereof.
Reporting and Contact
This website is operated by Zephrous Inc., of British Columbia, Canada.
If you become aware of any misuse of the website, including libelous or defamatory conduct, you must report it to the Company at [email protected].
For all other feedback, comments, requests for technical support, and other communications related to the Website, please contact us at [email protected].
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