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patrickspost - Terms of Use

Terms of Use

 “I just want to make your time online a little easier, a little faster, and a bit more fun. This endeavor is an ever evolving work in progress. I look forward to progressing through it together. I hope this service can help you connect with others in a positive way. Enjoy.”

 - Patrick

1 – The Service

patrickspost is a website and online community that provides a multitude of online services including, but not limited to, classified ad/bulletin board postings, community connectivity, peer outreach, job search, charitable promotion, and an aggregation of local and national news; collectively referred to hereafter as the “Service”.

2 – Acceptance of Terms of Use and Privacy Policy (the “Terms”)

Your right to use the Service is governed strictly by these Terms of Use and our Privacy Policy (collectively, the “Terms”). You must take the time to review both carefully before using the Service in any way. By using the Services provided by patrickspost, you are agreeing to and shall fully comply with these Terms.

patrickspost reserves the right to change, modify, or otherwise alter the Terms at any time and for any reason, at its sole discretion. Such modifications shall become effective immediately upon the posting thereof at www.patrickspost.com/1/tu.php. With immediate effect and for any subsequent use of the Service, you accept and agree to the modified Terms.

Should you object to any condition of these Terms, any subsequent modifications thereto, or become dissatisfied with patrickspost in any way, your only recourse is to immediately discontinue use of the Service.

3 – Privacy

Your privacy is very important to us. We designed our Privacy Policy to make disclosures about how you can use the Service to share and connect with others and how we may collect and can use your content and information. Your use of the Service signifies your acknowledgement and acceptance of our Privacy Policy.

Please be advised that while your privacy is of utmost importance to us, patrickspost does not tolerate user activity that is illegal, violent, or in conflict with the Terms of the Service. You acknowledge and agree that patrickspost may, at its sole discretion, disclose your posted content as well as your information including, but not limited to, handles, email addresses, IP addresses, user activity, etc. if required by law or it is deemed reasonably necessary to do so to protect the general interests or wellbeing of patrickspost, the patrickspost community members, or the general public. In other words, don’t be a creep. Be a good person. Conduct your activities while using the Service in a fair and legal manner that is compliant with the Terms, and your personal information should never need to be shared with a third party.

4 – Content

When you post anything at all on patrickspost, you are granting patrickspost a non-exclusive, worldwide, irrevocable, perpetual, royalty-free, sub-licensable right to display and exercise the copyright, publicity, and database rights to that Content. You understand and agree that all postings, messages, text, files, images, photos, video, audio or other materials (the “Content”) posted on, linked from, or transmitted through patrickspost are the sole responsibility of the person or organization from whom such Content originated. You also understand and agree that patrickspost does not control and is in no way responsible for Content made available through the Service, and that by using patrickspost, you may be exposed to Content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You may also be exposed to Content that is funny, good intentioned, inspiring, or downright useful. You understand and agree the Content made available through the Service may and does contain links to other web sites, servers, databases, applications, software, programs, products or services (the “Internet”) that are completely independent of patrickspost. patrickspost makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on other web sites. Under no circumstance will patrickspost be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Service. You understand and agree that any use of the Service is at your sole risk, and patrickspost shall not be responsible to you in any way. You understand and agree you are also fully responsible for any Content you post on patrickspost and to the consequences of any such Content.

5 – Community Member/User Conduct

You agree not to post, email, or otherwise make available Content that:

- is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another persons privacy, bigoted, racially offensive, obscene, or otherwise objectionable

- is harmful to minors

- encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation

- harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability

- violates federal, state, or local equal employment opportunity laws

- violates the anti-discrimination provision of the Immigration and Nationality Act

- violates the Fair Housing Act

- engages in or assists another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity

- advertises any illegal service or the sale of any items of which is prohibited or restricted by any applicable law

- is false, deceptive, misleading, or deceitful,

- is pornographic or depicts a human being engaged in actual sexual conduct

- contains personally identifiable information about another member that is published without their express consent

- contains material originally posted by another member that is reposted without permission or attribution

- contains false statements or otherwise misrepresents your affiliation with a person or entity

- impersonates any person or entity

- infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights

- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

- constitutes unsolicited or unauthorized advertising including, but not limited to, spam, junk mail, chain letters, and pyramid schemes

- contains misleading email addresses or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service

- promotes links to commercial services or web sites except in areas of patrickspost where such links are expressly permitted

Additionally, you agree not to:

- use the Service if under the age of 13

- post in an irrelevant city or category

- repeatedly post the same or similar Content

- have a third party (paid or unpaid) post Content for you

- impose an unreasonable or disproportionately large load on the patrickspost infrastructure

- harass or stalk anyone

- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose

- delete, revise, or tamper with another users Content

- collect, store or solicit information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc.

- attempt to gain unauthorized access to patrickspost computer systems or networks

6 – Paid Postings

patrickspost is largely free and we want to keep it that way.

patrickspost may charge a fee to post Content in some limited areas of the Service. You are responsible for any and all posted Content and compliance with the Terms at all times. Under no circumstances will fees paid be refunded, including, but not limited to, removal by the patrickspost staff, removal by collective efforts of patrickspost community users, and temporary or permanent service outages.

7 – Service Termination

You agree that patrickspost, for any reason, at any time, in its sole discretion, without notice, has the right to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service and remove and discard any Content provided by you or others within the Service. You further agree that patrickspost shall not be liable to you or any third-party for any termination of access or use to the Service. All Terms and provisions, as deemed beneficial by patrickspost, survive termination of the Service to you or others.

8 – No Spam Policy

Spam is not tolerated. At a minimum, your user account will be terminated should you spam on patrickspost.

You understand and agree that sending unsolicited email advertisements to patrickspost email addresses or through patrickspost computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in the United States. Any unauthorized use of patrickspost computer systems is a violation of these Terms and certain federal and state laws, including without limitation, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

9 – Release

You agree that our Service is a resource and venue for posters and users that have no affiliation whatsoever with patrickspost. Your interactions with posters, users, organizations, and/or individuals found on or through the Service including, but not limited to, delivery and payment of goods or services, and any other terms, any other conditions, and any other warranties and/or representations associated with such dealings, are solely between you and such posters, users, organizations, and/or individuals. Any online or offline transaction or dealings are completely at your own risk.

You further agree to release patrickspost, its owners, officers, agents, directors, subsidiaries, affiliates, suppliers, service providers, employees, representatives, and partners from any and all claims, demands, and damages arising out of or in connection with any dispute from your transactions or dealings from using the Service of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed.

10 – Limitations of Liability

The information, services and products available to you at patrickspost may contain errors and are subject to periods of interruption. While patrickspost does its best to maintain the information, services and products it offers, you agree not to hold patrickspost responsible for any errors, omissions, defects, lost profits or other consequential damages arising from its use.

IN NO EVENT SHALL PATRICKSPOST OR ITS OWNERS, OFFICERS, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, SERVICE PROVIDERS, EMPLOYEES, REPRESENTATIVES, OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, NOT-SO-SPECIAL, OR EXEMPLARY DAMAGES ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (A) THE USE OF (OR INABILITY TO USE) THE SERVICE, (B) PERFORMANCE OF PATRICKSPOST OR THE SERVICE, (C) ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH PATRICKSPOST, OR (D) ANY INTERACTION BETWEEN YOU AND OTHER USERS OF THE SITE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS, WITHOUT LIMITATION, ALL INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON WHO USES YOUR ACCOUNT. BY USING THE SERVICE IN ANY WAY, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ALL INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SERVICE.

IF YOU ARE DISSATISFIED WITH PATRICKSPOST AND/OR THE SERVICE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING PATRICKSPOST.

11 – Indemnity

YOU AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD PATRICKSPOST, ITS OWNERS, OFFICERS, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, SERVICE PROVIDERS, AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY CLAIM, DEMAND, LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE MADE BY THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT DUE TO OR ARISING FROM YOUR USE OF PATRICKSPOST, INCLUDING, BUT NOT LIMITED TO, THE FRAUD, MANIPULATION, VIOLATION OF RIGHTS, OR OTHER VIOLATION OF THESE TERMS BY YOU, OR THE INFRINGEMENT OF OTHER USERS OF PATRICKSPOST USING YOUR COMPUTER.

PATRICKSPOST , AT ITS OWN EXPENSE, RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

12 – Severance and Waiver

You acknowledge and agree that if any provision or condition of these Terms shall be found to be unlawful, void, or for any reason unenforceable, then that provision or condition only shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions or conditions. Furthermore, if any provision or condition of these Terms is found by a court to be legally invalid or for any reason unenforceable, you agree nevertheless that the court should endeavor to maintain the intentions as reflected in the provision or condition.

The failure of patrickspost to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by patrickspost in writing.

13 – Intellectual Property Infringements

If you believe that your intellectual property rights have been violated in any way that constitutes copyright infringement, please provide the following information to abuse@patrickspost.com:

- Your name, address, telephone number and e-mail address.

- A description of where the material is located on patrickspost that you claim is infringing on your rights. A posting ID would be helpful with a full description.

- A description of the intellectual property or copyrighted work that you claim has been infringed.

- A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

- A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

- An electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

14 – Proprietary Rights

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Any modification, reproduction, redistribution, or creation of derivative works of the Service is strictly prohibited without the express written consent of patrickspost. You may not use or attempt to discover any source code of the Service.

15 – Violations

Please report any violations of these Terms to: abuse@patrickspost.com

Should you violate the conditions of these Terms, you agree to pay patrickspost the maximum enforceable amount as dictated by applicable law or $2,500 per violation, whichever is greater.

16 – Feedback

As was stated above, patrickspost is an ever evolving work in progress. This Service is intended to help the average person and to bring people together in a positive way. We welcome your continued feedback on the Terms and the Service: feedback@patrickspost.com

     
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