Terms of Use
1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the PostByME.com
domain name, the "PostByME Website", or "Website"), you signify your agreement to (1) these terms and conditions (the
"Terms of Service"), (2)PostByME's privacy notice, found at http://www.PostByME.com/privacy and incorporated here by
reference, and (3) PostByME's Community Guidelines, found at http://www.PostByME.com/community_guidelines and also
incorporated here by reference. If you do not agree to any of these terms, the PostByME privacy notice, or the Community
Guidelines, please do not use the PostByME Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically
review the most up-to-date version http://www.PostByME.com/terms). PostByME may, in its sole discretion, modify or revise
these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in
this Agreement shall be deemed to confer any third-party rights or benefits.
2. PostByME Website
A. These Terms of Service apply to all users of the PostByME Website, including users who are also contributors of video
content, information, and other materials or services on the Website. The PostByME Website includes all aspects of
PostByME, including but not limited to PostByME channels and the PostByME mobile applications.
B. The PostByME Website may contain links to third party websites that are not owned or controlled by PostByME. PostByME
has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In
addition, PostByME will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly
relieve PostByME from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the PostByME Website and to read the terms and conditions
and privacy policy of each other website that you visit.
3. PostByME Accounts
A. In order to access some features of the Website, you will have to create a PostByME account. You may never use another's
account without permission. When creating your account, you must provide accurate and complete information. You are
solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must
notify PostByME immediately of any breach of security or unauthorized use of your account.
B. Although PostByME will not be liable for your losses caused by any unauthorized use of your account, you may be liable for
the losses of PostByME or others due to such unauthorized use.
4. General Use of the Website -- Permissions and Restrictions
PostByME hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined
below), without PostByME's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to PostByME's mobile applications or any
of its related technologies.
C. You agree not to access User Submissions (defined below) or PostByME Content through any technology or means other
than the PostbyME Website itself, PostbyME mobile applications, or other explicitly authorized means PostByME may
designate.
D. You agree not to use the Website, including the PostByME mobile applications for any commercial use, without the prior
written authorization of PostByME. Prohibited commercial uses include any of the following actions taken without PostByME's
express approval:
• sale of access to the Website or its related services (such as the PostbyME mobile applications) on another website;
• use of the Website or its related services (such as the PostbyME mobile applications), for the primary purpose of
gaining advertising or subscription revenue;
• the sale of advertising, on the PostByME website or any third-party website, targeted to the content of specific User
Submissions or PostByME content;
• and any use of the Website or its related services (such as the PostbyME mobile applications) that PostByME finds, in its
sole discretion, to use PostByME's resources or User Submissions with the effect of competing with or displacing the market
for PostByME, PostByME content, or its User Submissions. (For more information about prohibited commercial uses, see our
FAQ.)
E. Prohibited commercial uses do not include:
• uploading an original video to PostByME, or maintaining an original channel on PostByME, to promote your business or
artistic enterprise;
• any use that PostByME expressly authorizes in writing.
(For more information about what constitutes a prohibited commercial use, see our FAQ.)
F. If you use the PostByME mobile applications on your website, you must include a prominent link back to the PostByME
website on the pages containing the PostByME mobile applications and you may not modify, build upon, or block any portion
of the PostbyME mobile applications in any way.
G. If you use the PostByME mobile applications, you agree that it may automatically download and install updates from time to
time from PostByME. These updates are designed to improve, enhance and further develop the mobile application and may
take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive
such updates (and permit PostByME to deliver these to you) as part of your use of the mobile application.
H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers,"
that accesses the Website in a manner that sends more request messages to the PostByME servers in a given period of
time than a human can reasonably produce in the same period by using a conventional on-line web browser.
Notwithstanding the foregoing, PostByME grants the operators of public search engines permission to use spiders to copy
materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable
indices of the materials, but not caches or archives of such materials. PostByME reserves the right to revoke these exceptions
either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including
account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email)
for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with
respect to their User Submissions.
I. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, PostByME
Community Guidelines, and all applicable local, national, and international laws and regulations.
J. PostByME reserves the right to discontinue any aspect of the PostByME Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content
on the PostByME Website.
A. The content on the PostByME Website, except all User Submissions (as defined below), including without limitation, the
text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the
trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to PostByME, subject to copyright
and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and
personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
PostByME reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
• for your information and personal use;
• as intended through the normal functionality of the PostByME Service; and
• for Streaming.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the PostByME
Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied,
stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other
than Streaming is expressly prohibited. User Videos are made available "as is."
C. User Comments are made available to you for your information and personal use solely as intended through the normal
functionality of the PostByME Service. User Comments are made available "as is", and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended
by the normal functionality of the PostByME Service or otherwise as prohibited under this Agreement.
D. You may access PostByME Content, User Submissions and other content only as permitted under this Agreement.
PostByME reserves all rights not expressly granted in and to the PostByME Content and the PostByME Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein,
including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any
commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the PostByME Website or
features that prevent or restrict use or copying of any Content or enforce limitations on use of the PostByME Website or the
Content therein.
G. You understand that when using the PostByME Website, you will be exposed to User Submissions from a variety of
sources, and that PostByME is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating
to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are
inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or
remedies you have or may have against PostByME with respect thereto, and agree to indemnify and hold PostByME, its
Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to
your use of the site.
6. Your User Submissions and Conduct
A. As a PostByME account holder you may submit video content ("User Videos") and textual content ("User Comments"). User
Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such
User Submissions are published, PostByME does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In
connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights,
consents, and permissions to use and authorize PostByME to use all patent, trademark, trade secret, copyright or other
proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to
PostByME, you hereby grant PostByME a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to
use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the
PostByME Website and PostByME's (and its successors' and affiliates') business, including without limitation for promoting
and redistributing part or all of the PostByME Website (and derivative works thereof) in any media formats and through any
media channels. You also hereby grant each user of the PostByME Website a non-exclusive license to access your User
Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as
permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in
User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the
PostByME Service. You understand and agree, however, that PostByME may retain, but not display, distribute, or perform,
server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User
Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by
trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the
owner of such rights or have permission from their rightful owner to post the material and to grant PostByME all of the license
rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the PostByME
Community Guidelines, found at http://www.PostByME.com/community_guidelines, which may be updated from time to time,
or contrary to applicable local, national, and international laws and regulations.
F. PostByME does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and
PostByME expressly disclaims any and all liability in connection with User Submissions. PostByME does not permit copyright
infringing activities and infringement of intellectual property rights on its Website, and PostByME will remove all Content and
User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property
rights. PostByME reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
A. PostByME will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a
repeat infringer.
B. PostByME reserves the right to decide whether Content or a User Submission is appropriate and complies with these
Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or
defamatory material, or excessive length. PostByME may remove such User Submissions and/or terminate a User's access
for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your
copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright
Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed 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 the service provider to locate the
material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number,
and, if available, an electronic mail;
• A statement that you 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; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.
PostByME's designated Copyright Account to receive notifications of claimed infringement is: email: copyright@postbyme.
com. For clarity, only DMCA notices should go to the Copyright Account; any other feedback, comments, requests for
technical support, and other communications should be directed to PostByME customer service through www.postbyme.com.
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not
infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to
post and use the content in your User Submission, you may send a counter-notice containing the following information to the
Copyright Agent:
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the
content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a
misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the
federal court in San Francisco, California, and a statement that you will accept service of process from the person who
provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, PostByME may send a copy of the counter-notice to the original
complaining party informing that person that it may replace the removed content 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
content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at
PostByME's sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE POSTBYME WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, POSTBYME, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. POSTBYME MAKES NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE
CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR 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 WEBSITE, (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
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 POSTBYME WEBSITE. POSTBYME DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE POSTBYME WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND POSTBYME WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL POSTBYME, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO
OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 POSTBYME WEBSITE, 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.
YOU SPECIFICALLY ACKNOWLEDGE THAT POSTBYME SHALL NOT BE LIABLE FOR USER 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.
The Website is controlled and offered by PostByME from its facilities in Canada. PostByME makes no representations that the
PostByME Website is appropriate or available for use in other locations. Those who access or use the PostByME Website
from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless PostByME, its parent corporation, officers, directors, employees and
agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney's fees) arising from: (i) your use of and access to the PostByME Website; (ii) your violation of any
term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or
privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and
indemnification obligation will survive these Terms of Service and your use of the PostByME Website.
12. Ability to Accept Terms of Service
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 of Service, and to abide by and comply with these Terms of Service. In any case, you
affirm that you are over the age of 13, as the PostByME Website is not intended for children under 13. If you are under 13
years of age, then please do not use the PostByME Website. There are lots of other great web sites for you. Talk to your
parents about what sites are appropriate for you.
13. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may
be assigned by PostByME without restriction.
14. General
You agree that: (i) the PostByME Website shall be deemed solely based in California; and (ii) the PostByME Website shall be
deemed a passive website that does not give rise to personal jurisdiction over PostByME, either specific or general, in
jurisdictions other than California. 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 PostByME that arises in
whole or in part from the PostByME Website shall be decided exclusively by a court of competent jurisdiction located in San
Mateo County, California. These Terms of Service, together with the Privacy Notice at http://www.PostByME.com/privacy and
any other legal notices published by PostByME on the Website, shall constitute the entire agreement between you and
PostByME concerning the PostByME Website. 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 PostByME's failure to assert any right or provision under these
Terms of Service shall not constitute a waiver of such right or provision. PostByME 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 PostByME Website following any amendment of these Terms of Service will signify your assent to and acceptance
of its revised terms. YOU AND POSTBYME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE
POSTBYME WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the PostByME.com
domain name, the "PostByME Website", or "Website"), you signify your agreement to (1) these terms and conditions (the
"Terms of Service"), (2)PostByME's privacy notice, found at http://www.PostByME.com/privacy and incorporated here by
reference, and (3) PostByME's Community Guidelines, found at http://www.PostByME.com/community_guidelines and also
incorporated here by reference. If you do not agree to any of these terms, the PostByME privacy notice, or the Community
Guidelines, please do not use the PostByME Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically
review the most up-to-date version http://www.PostByME.com/terms). PostByME may, in its sole discretion, modify or revise
these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in
this Agreement shall be deemed to confer any third-party rights or benefits.
2. PostByME Website
A. These Terms of Service apply to all users of the PostByME Website, including users who are also contributors of video
content, information, and other materials or services on the Website. The PostByME Website includes all aspects of
PostByME, including but not limited to PostByME channels and the PostByME mobile applications.
B. The PostByME Website may contain links to third party websites that are not owned or controlled by PostByME. PostByME
has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In
addition, PostByME will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly
relieve PostByME from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the PostByME Website and to read the terms and conditions
and privacy policy of each other website that you visit.
3. PostByME Accounts
A. In order to access some features of the Website, you will have to create a PostByME account. You may never use another's
account without permission. When creating your account, you must provide accurate and complete information. You are
solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must
notify PostByME immediately of any breach of security or unauthorized use of your account.
B. Although PostByME will not be liable for your losses caused by any unauthorized use of your account, you may be liable for
the losses of PostByME or others due to such unauthorized use.
4. General Use of the Website -- Permissions and Restrictions
PostByME hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined
below), without PostByME's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to PostByME's mobile applications or any
of its related technologies.
C. You agree not to access User Submissions (defined below) or PostByME Content through any technology or means other
than the PostbyME Website itself, PostbyME mobile applications, or other explicitly authorized means PostByME may
designate.
D. You agree not to use the Website, including the PostByME mobile applications for any commercial use, without the prior
written authorization of PostByME. Prohibited commercial uses include any of the following actions taken without PostByME's
express approval:
• sale of access to the Website or its related services (such as the PostbyME mobile applications) on another website;
• use of the Website or its related services (such as the PostbyME mobile applications), for the primary purpose of
gaining advertising or subscription revenue;
• the sale of advertising, on the PostByME website or any third-party website, targeted to the content of specific User
Submissions or PostByME content;
• and any use of the Website or its related services (such as the PostbyME mobile applications) that PostByME finds, in its
sole discretion, to use PostByME's resources or User Submissions with the effect of competing with or displacing the market
for PostByME, PostByME content, or its User Submissions. (For more information about prohibited commercial uses, see our
FAQ.)
E. Prohibited commercial uses do not include:
• uploading an original video to PostByME, or maintaining an original channel on PostByME, to promote your business or
artistic enterprise;
• any use that PostByME expressly authorizes in writing.
(For more information about what constitutes a prohibited commercial use, see our FAQ.)
F. If you use the PostByME mobile applications on your website, you must include a prominent link back to the PostByME
website on the pages containing the PostByME mobile applications and you may not modify, build upon, or block any portion
of the PostbyME mobile applications in any way.
G. If you use the PostByME mobile applications, you agree that it may automatically download and install updates from time to
time from PostByME. These updates are designed to improve, enhance and further develop the mobile application and may
take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive
such updates (and permit PostByME to deliver these to you) as part of your use of the mobile application.
H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers,"
that accesses the Website in a manner that sends more request messages to the PostByME servers in a given period of
time than a human can reasonably produce in the same period by using a conventional on-line web browser.
Notwithstanding the foregoing, PostByME grants the operators of public search engines permission to use spiders to copy
materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable
indices of the materials, but not caches or archives of such materials. PostByME reserves the right to revoke these exceptions
either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including
account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email)
for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with
respect to their User Submissions.
I. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, PostByME
Community Guidelines, and all applicable local, national, and international laws and regulations.
J. PostByME reserves the right to discontinue any aspect of the PostByME Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content
on the PostByME Website.
A. The content on the PostByME Website, except all User Submissions (as defined below), including without limitation, the
text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the
trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to PostByME, subject to copyright
and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and
personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
PostByME reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
• for your information and personal use;
• as intended through the normal functionality of the PostByME Service; and
• for Streaming.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the PostByME
Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied,
stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other
than Streaming is expressly prohibited. User Videos are made available "as is."
C. User Comments are made available to you for your information and personal use solely as intended through the normal
functionality of the PostByME Service. User Comments are made available "as is", and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended
by the normal functionality of the PostByME Service or otherwise as prohibited under this Agreement.
D. You may access PostByME Content, User Submissions and other content only as permitted under this Agreement.
PostByME reserves all rights not expressly granted in and to the PostByME Content and the PostByME Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein,
including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any
commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the PostByME Website or
features that prevent or restrict use or copying of any Content or enforce limitations on use of the PostByME Website or the
Content therein.
G. You understand that when using the PostByME Website, you will be exposed to User Submissions from a variety of
sources, and that PostByME is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating
to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are
inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or
remedies you have or may have against PostByME with respect thereto, and agree to indemnify and hold PostByME, its
Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to
your use of the site.
6. Your User Submissions and Conduct
A. As a PostByME account holder you may submit video content ("User Videos") and textual content ("User Comments"). User
Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such
User Submissions are published, PostByME does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In
connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights,
consents, and permissions to use and authorize PostByME to use all patent, trademark, trade secret, copyright or other
proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to
PostByME, you hereby grant PostByME a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to
use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the
PostByME Website and PostByME's (and its successors' and affiliates') business, including without limitation for promoting
and redistributing part or all of the PostByME Website (and derivative works thereof) in any media formats and through any
media channels. You also hereby grant each user of the PostByME Website a non-exclusive license to access your User
Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as
permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in
User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the
PostByME Service. You understand and agree, however, that PostByME may retain, but not display, distribute, or perform,
server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User
Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by
trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the
owner of such rights or have permission from their rightful owner to post the material and to grant PostByME all of the license
rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the PostByME
Community Guidelines, found at http://www.PostByME.com/community_guidelines, which may be updated from time to time,
or contrary to applicable local, national, and international laws and regulations.
F. PostByME does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and
PostByME expressly disclaims any and all liability in connection with User Submissions. PostByME does not permit copyright
infringing activities and infringement of intellectual property rights on its Website, and PostByME will remove all Content and
User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property
rights. PostByME reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
A. PostByME will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a
repeat infringer.
B. PostByME reserves the right to decide whether Content or a User Submission is appropriate and complies with these
Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or
defamatory material, or excessive length. PostByME may remove such User Submissions and/or terminate a User's access
for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your
copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright
Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed 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 the service provider to locate the
material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number,
and, if available, an electronic mail;
• A statement that you 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; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.
PostByME's designated Copyright Account to receive notifications of claimed infringement is: email: copyright@postbyme.
com. For clarity, only DMCA notices should go to the Copyright Account; any other feedback, comments, requests for
technical support, and other communications should be directed to PostByME customer service through www.postbyme.com.
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not
infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to
post and use the content in your User Submission, you may send a counter-notice containing the following information to the
Copyright Agent:
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the
content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a
misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the
federal court in San Francisco, California, and a statement that you will accept service of process from the person who
provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, PostByME may send a copy of the counter-notice to the original
complaining party informing that person that it may replace the removed content 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
content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at
PostByME's sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE POSTBYME WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, POSTBYME, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. POSTBYME MAKES NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE
CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR 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 WEBSITE, (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
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 POSTBYME WEBSITE. POSTBYME DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE POSTBYME WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND POSTBYME WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL POSTBYME, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
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 WEBSITE, (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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO
OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 POSTBYME WEBSITE, 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.
YOU SPECIFICALLY ACKNOWLEDGE THAT POSTBYME SHALL NOT BE LIABLE FOR USER 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.
The Website is controlled and offered by PostByME from its facilities in Canada. PostByME makes no representations that the
PostByME Website is appropriate or available for use in other locations. Those who access or use the PostByME Website
from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless PostByME, its parent corporation, officers, directors, employees and
agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney's fees) arising from: (i) your use of and access to the PostByME Website; (ii) your violation of any
term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or
privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and
indemnification obligation will survive these Terms of Service and your use of the PostByME Website.
12. Ability to Accept Terms of Service
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 of Service, and to abide by and comply with these Terms of Service. In any case, you
affirm that you are over the age of 13, as the PostByME Website is not intended for children under 13. If you are under 13
years of age, then please do not use the PostByME Website. There are lots of other great web sites for you. Talk to your
parents about what sites are appropriate for you.
13. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may
be assigned by PostByME without restriction.
14. General
You agree that: (i) the PostByME Website shall be deemed solely based in California; and (ii) the PostByME Website shall be
deemed a passive website that does not give rise to personal jurisdiction over PostByME, either specific or general, in
jurisdictions other than California. 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 PostByME that arises in
whole or in part from the PostByME Website shall be decided exclusively by a court of competent jurisdiction located in San
Mateo County, California. These Terms of Service, together with the Privacy Notice at http://www.PostByME.com/privacy and
any other legal notices published by PostByME on the Website, shall constitute the entire agreement between you and
PostByME concerning the PostByME Website. 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 PostByME's failure to assert any right or provision under these
Terms of Service shall not constitute a waiver of such right or provision. PostByME 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 PostByME Website following any amendment of these Terms of Service will signify your assent to and acceptance
of its revised terms. YOU AND POSTBYME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE
POSTBYME WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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